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23 Cards in this Set

  • Front
  • Back
Identify all of the rights found in the 1st Amendment.
Freedom of speech, press, assembly, petition.
How does eminent domain work?
Private property can be taken for public use.
What's the purpose of a grand jury?
To decide if there's enough evidence to go on trial.
A legislative act that inflicts punishment without a court trial.
Bill of attainder
Reasonable grounds, a reasonable suspicion of crime.
Probably cause
The formal device by which a person can be accused of a serious crime.
Grand jury
A formal complaint before a grand jury which charges the accused with one or more crimes.
Indictment.
No person can be put on trial twice.
Double jeopardy
Which two amendments cover due process?
5th - Federal
14th - State
What is the purpose of the Bill of Rights?
To guarantee rights to the people.
Identify the English philosopher who believed that government was established to protect individual and natural rights.
John Locke.
Who is regarded as the "father" of the Bill of Rights?
James Madison or George Mason.
What type of speech was intended to be protected by the 1st Amendment?
The expression of unpopular views.
List the 3 parts of the Lemon test.
1.) The purpose of the aid must be clearly secular, not religious.
2.) Its primary effect must neither advance nor inhibit religion
3.) It must avoid an "excessive entanglement of government with religion."
How did Jefferson describe the relationship between church and state?
"Make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church & State."
What was a writ of assistance used by the British?
Blanket search warrant with which British custom officials had invaded private homes to search for smuggled goods.
Explain how "intellectual property" is protected.
Copyright and Trademark.
Rights of the accused in the 5th Amendment are...
Right to a grand jury
No double jeopardy
No self-incrimination
Right to due process
Rights of the accused in the 6th Amendment are...
Right to a speedy trial
Miranda Rights
Right to an attorney
Impartial jury
Rights of the accused in the 8th Amendment are...
No excessive bail
No cruel or unusual punishments
Estimate of the market value of a property, based on what a knowledgeable, willing, and unpressured buyer would probably pay to a knowledgeable, willing, and unpressured seller in the real estate market.
Fair market value
Laws or other mandates that are passed to restrict behavior that was, when practiced, entirely legal.
Ex post facto
How far do your rights go?
Everyone has the right to do as they please as long as they do not infringe on the rights of others.