Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

22 Cards in this Set

  • Front
  • Back
due process clause
A clause found in both the Fifth and Fourteenth Amendments to the Constitution protecting citizens from arbitrary action by the national and state governments
equal protection clause
The constitutional requirement that a government not treat citizens unequally. The courts have interpreted the Fourteenth Amendment clause to bar discrimination against minorities and women
clear and probable danger test
A rule introduced by Chief Justice Fred Vinson for the courts to enlist in free expression cases. In each case, the courts must weigh the gravity of the evil and the likelihood it will occur against violating an individual’s free speech rights.
takings clause
The Fifth Amendment’s provision on property rights: “private property [shall not] be taken for public use, without just compensation.”
prior restraint
A government agency’s act to prohibit the publication of material or speech before the fact. The courts forbid this except under extraordinary conditions.
privileges and immunities clause
The clause in Section 1 of the Fourteenth Amendment ensuring that U.S. citizens from out of state have the same legal rights as local citizens in any state
Judicially created rights based on various guarantees of the Bill of Rights. The right to privacy is not explicitly stated in the Constitution, but the Supreme Court has argued that this right is implicit in various clauses found throughout the Bill of Rights.
double jepardy
Being tried twice for the same crime--for which citizens are protected by the Fifth Amendment.
Miranda Rule
Requirement that police inform suspects that they have a right to remain silent and a right to have counsel while being interrogated. Failure to inform suspects of their rights will result in any confession being inadmissible against them at trial.
community standards rule
The Supreme Court’s ruling that a work is obscene if it is “utterly without redeeming social importance” and, to the average person, applying current social criteria, “the dominant theme of the material, taken as a whole, appeals to prurient interests.”
free exercise clause
The second clause of the First Amendment, which forbids the national government to interfere with the exercise of religion
Defined as publicly offensive acts or language, usually of a sexual nature, with no redeeming social value. The Supreme Court has offered varying definitions in its rulings over the years.
establishment clause
The first clause of the First Amendment, which prohibits the national government from establishing a national religion
Forms of false and malicious information that damage another person’s reputation.
clear and present danger test
A rule used by the Supreme Court to distinguish between speech protected and not protected by the First Amendment. Under this rule, the First Amendment does not protect speech aimed at inciting an illegal action.
cruel and unusal punishment
Criminal penalties not considered appropriate by a society, that involve torture, or that could result in death when the death penalty had not been ordered
lemon test
The most far-reaching of the controversial cases in which the Supreme Court specified three conditions every state law must satisfy to avoid running afoul of the establishment of religion prohibition: the statute in question “must have a secular legislative purpose,” such as remedial education; the statute’s “primary effect must be one that neither advances nor inhibits religion”; and the statute must not foster “an excessive government entanglement with religion.”
exclusionary rule
A judicial rule prohibiting the police from using at a trial evidence obtained through illegal search and seizure
selective incorporation
The Supreme Court’s gradual process of assuming guardianship of civil liberties by applying piecemeal the various provisions of the Bill of Rights to state laws and practices.
A published falsehood or statement resulting in the defamation of someone’s character. The First Amendment does not protect these statements
The Supreme Court’s extension of the guarantees of the Bill of Rights to state and local governments through its various interpretations of the Fourteenth Amendment.
neutrality test
Policy favored by justices in establishment decisions as justices increasingly relied on the test of a policy’s “impartiality.” They used this test not so much to prevent favoritism among religious groups as to root out policies that preferred religious groups generally over nonreligious groups engaged in a similar activity