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35 Cards in this Set
- Front
- Back
eminent domain
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the power to take private property for public use
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due process of law
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a process by which the government must treat accused persons fairly according to rules established by law
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separation of church and state
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the situation in which the government may not favor any religion or estalish an official religion
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what are the five rights protected by the first Amendment
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freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom of petition
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double jeopardy
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being placed on trial tice for the same crime
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establishment clause
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government shall not establish an official religion (it should not promote, favor, disapprove of one religion over another),
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free excercise clause
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each person is guaranteed the right to hold any or no religious beliefs; however, religious practices may be limited if:
a. practice conflicts with public morals b practice endangers health/ practice involves dangerous activity |
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symbolic speech
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(actions or objects that communicate someone’s thoughts and ideas)
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slander
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purposely speaking falsehoods to harm someone’s reputation
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libel
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written falsehoods with the intent of ruining someone’s reputation
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assemble
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(to gather) peacefully with others that share in the same opinion.
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petiton
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(make a formal request) the government for a change or an improvement.
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militia
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volunteer army
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warrant
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(a written document giving permission for a search or arrest) must be issued by a judge after presenting probable cause (a good reason for suspecting a person of breaking a law or that by searching it will lead to evidence)
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double jeopardy
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person cannot be tried twice for the same
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self incrimination
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(testifying against oneself)
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the "rights of the accused"
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(rights of accused at criminal trial)
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probable cause
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(a good reason for suspecting a person of breaking a law or that by searching it will lead to evidence)
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amendment
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addition to the Constitution
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meaning of the 9th Amendment
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declares the rights not mentioned in the Constitution belong to the people
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meaning of the 10th Amendment
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declares the powers not given to the national government belong to the states or to the people
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grand jury
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a group of 16 to 23 citizens who decide whether there is a probable cause for beliveing that the defendant commited the crime
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reserved powers
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powers that the Constitution neither gives to Congress nor denies to the states.
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main argument of Gideon v. Wainright
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Gideon wanted a lawyer but the court refused to give him one.
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signiicance of the Bill of Rights
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lists the citizens rights,limits the powers of government, it was what made the Anti- Federalists agree to the Constitution
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what each of the rights of the ten amendments guarantees
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1st: guarantees freedom of religion, of speech, and of the press;the right to assembly peacefully; and the right to petition of government
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Amendment guarntees
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2nd:protects the right to possess firearms
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Amendment guarntees
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3rd : Declares that the government may not require people to house soliders during peacetime
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Amendment guarntees
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4th: protects people from unreasonable searches and seizures
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Amendment guarantees
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5th: that no one may be deprived of life, liberty, or property without due process of law
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Amendment guarantees
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6th: Guarantees the right to a peaceful trial by jury in criminal cases
7th: Guarantees the right to a trial by jury in most civial cases. |
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Amendment Guaranteees
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8th: prohibts excessive bail,fines, and punishments.
9th: Declares that rights no mentioned in the Constitution belong to the people |
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Amendment guarantees
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10th:declares the powers not given to the national government belong to the states or to the people
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how and why the Bill of Rights comes to exist
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the Bill Of Rights was existed because the Anti-Federalists thought that if they didnt have one that the government would be to srtrong. it was created by many many conventions until they got it right
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what is the difference between a criminal and a civil case
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A civil case is brought to court by a party called the plantiff but a criminal case is brought to court by the prosecution
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