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35 Cards in this Set

  • Front
  • Back
eminent domain
the power to take private property for public use
due process of law
a process by which the government must treat accused persons fairly according to rules established by law
separation of church and state
the situation in which the government may not favor any religion or estalish an official religion
what are the five rights protected by the first Amendment
freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom of petition
double jeopardy
being placed on trial tice for the same crime
establishment clause
government shall not establish an official religion (it should not promote, favor, disapprove of one religion over another),
free excercise clause
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
symbolic speech
(actions or objects that communicate someone’s thoughts and ideas)
slander
purposely speaking falsehoods to harm someone’s reputation
libel
written falsehoods with the intent of ruining someone’s reputation
assemble
(to gather) peacefully with others that share in the same opinion.
petiton
(make a formal request) the government for a change or an improvement.
militia
volunteer army
warrant
(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)
double jeopardy
person cannot be tried twice for the same
self incrimination
(testifying against oneself)
the "rights of the accused"
(rights of accused at criminal trial)
probable cause
(a good reason for suspecting a person of breaking a law or that by searching it will lead to evidence)
amendment
addition to the Constitution
meaning of the 9th Amendment
declares the rights not mentioned in the Constitution belong to the people
meaning of the 10th Amendment
declares the powers not given to the national government belong to the states or to the people
grand jury
a group of 16 to 23 citizens who decide whether there is a probable cause for beliveing that the defendant commited the crime
reserved powers
powers that the Constitution neither gives to Congress nor denies to the states.
main argument of Gideon v. Wainright
Gideon wanted a lawyer but the court refused to give him one.
signiicance of the Bill of Rights
lists the citizens rights,limits the powers of government, it was what made the Anti- Federalists agree to the Constitution
what each of the rights of the ten amendments guarantees
1st: guarantees freedom of religion, of speech, and of the press;the right to assembly peacefully; and the right to petition of government
Amendment guarntees
2nd:protects the right to possess firearms
Amendment guarntees
3rd : Declares that the government may not require people to house soliders during peacetime
Amendment guarntees
4th: protects people from unreasonable searches and seizures
Amendment guarantees
5th: that no one may be deprived of life, liberty, or property without due process of law
Amendment guarantees
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.
Amendment Guaranteees
8th: prohibts excessive bail,fines, and punishments.

9th: Declares that rights no mentioned in the Constitution belong to the people
Amendment guarantees
10th:declares the powers not given to the national government belong to the states or to the people
how and why the Bill of Rights comes to exist
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
what is the difference between a criminal and a civil case
A civil case is brought to court by a party called the plantiff but a criminal case is brought to court by the prosecution