Ginsburg Chapter 4

Front 1

Habeas corpus

Back 1

a court order demanding that an individual in custody be brought into court and shown cause for detention

Front 2

Civil Liberties

Back 2

areas of personal freedom with which governments are constrained from interfering

Front 3

bill of attainer

Back 3

a law that declares a person guilty of a crime without trial

Front 4

ex post facto law

Back 4

a law that declares an action to be illegal after it has been committed

Front 5

selective incorporation

Back 5

the process by which different protections of the bill of rights were incorporated into the 4th amendment, thus guaranteeing citizens protection from state as well as national governments

Front 6

establishment clause

Back 6

the first amendment clause that says that "congress shall make no law respecting an establishment of religion" this means that a "wall of separation" exists between church and state

Front 7

lemon test

Back 7

government action toward religion is permissible if it is secular in purpose

Front 8

free exercise clause

Back 8

first amendment clause that protects a citizens right to believe and practice whatever religion he or she chooses

Front 9

"clear and present danger" test

Back 9

test to determine whether speech is protected or unprotected

Front 10

"speech plus"

Back 10

speech accompanied by conduct such as sit-ins, picketing and demonstrations

Front 11

prior restraint

Back 11

block the publication of publication it seems libel. courts forbid prior restraint

Front 12

libel

Back 12

written statement of "reckless disregard of the truth"

Front 13

due process of law

Back 13

the right of every citizen against arbitrary action of national or state governments

Front 14

exclusionary rule

Back 14

ability of courts to exclude evidence obtained in violation of the fourth amendment

Front 15

eminent domain

Back 15

right of government to take private property for public use.