Cl Study Guide Vocab Terms

Front 1

incorporation doctorine

Back 1

the process of appling BOR rights to the states

Front 2

selective incorporation

Back 2

when the SC gets to pick and choose what to incorporate

Front 3

perferred freedoms

Back 3

the rights that the SC incorporates

Front 4

equal protection clause

Back 4

"no state shall ... deny to any person within its jurisdiction the equal protection of the laws"

Front 5

due process clause

Back 5

"nor shall any State deprive any person of life, liberty, or property, without due process of law ..."

Front 6

establishment clause

Back 6

"Congress shall make no law respecting an establishment of religion"

Front 7

free exercise clause

Back 7

Congress shall make no law prohibiting the free exercise thereof [in regards to religion]"

Front 8

lemon test

Back 8

The Court's decision in Lemon v. Kurtzman established the "Lemon test", which details the requirements for legislation concerning religion. It consists of three prongs:

The government's action must have a secular legislative purpose;
The government's action must not have the primary effect of either advancing or inhibiting religion;
The government's action must not result in an "excessive government entanglement" with religion.
If any of these 3 prongs are violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.

Front 9

freedom of expression

Back 9

used to denote not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used

Front 10

"time, place, and manner restrictions"

Back 10

when restrictions can be placed on speech

Front 11

symbolic speech

Back 11

actions which cummonicate your beliefs

Front 12

prior restraint

Back 12

feedom from censorship from the government or another person

Front 13

libel

Back 13

a written statement that defames another person

Front 14

imminent danger

Back 14

punishment when there is danger from what someone has said

Front 15

right to associate

Back 15

The government may prohibit people from knowingly associating in groups that engage and promote illegal activities. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual's current or past membership in a particular group. There are exceptions to this rule where the Court finds that governmental interests in disclosure/registration outweigh interference with first amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups.

Front 16

indictment

Back 16

a formal accusation that a person has committed a criminal offense

Front 17

grand jury

Back 17

a type of jury that determines whether there is enough evidence for a trial

Front 18

substantive due process

Back 18

rights that aren't spelled out that the goverment can't interfere with (amendments 5 and 14- fundalmental rights)

Front 19

probable cause

Back 19

the reason a cop may optain a search warrent

Front 20

exclusionary rule

Back 20

evidence from a bad search can not be used in a trial

Front 21

"good faith" exception

Back 21

if error on a search warrent was because of a technical error

Front 22

self- incrimination

Back 22

speech or evidence that you give that may incriminate yourself in a crime- you don't have to self-incriminate under the 5th amendment