Chapter 4 Vocab Flashcards Preview

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Flashcards in Chapter 4 Vocab Deck (29):

The first ten amendments to the Constitution. They include rights such as freedom of speech and religion and due process protections (such as the right to a jury trial) for persons accused of crimes

Bill of rights


The fundamental individual rights of a free society, such as freedom of speech and the right to a jury trial, which in the United States are protected by the Bill of Rights

Civil liberties


A test devised by the Supreme Court in 1919 to define the limits of free speech in the context of national security. According to the test, government cannot abridge poltical expression unless it presents a danger to the nation's security

Clear-and-present danger test


The clause of the Constitution that has been used by the judiciary to apply the Bill of Rights protected to the actions of state governments

Due process clause (of 14th amendment)


The 1st amendment provision stating that government may not favor one religion over another or favor religion over no religion, and prohibiting Congress from passing laws respecting the establishment of religion

Establishment clause


The legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means

Exclusionary rule


Americans' freedom to communicate their views, the foundation of which is the first amendment rights of freedom of conscience, speech, press, assembly, and petition

Freedom of expression


A 1st amendment provision that prohibits the government from interfering with the practice of religion

Free-exercise clause


The legal principle that otherwise excludable evidence can be admitted in trial if police believed they were following proper procedures

Good faith exception


A legal test that says government cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing, and is likely to produce this

Imminent lawless action test


The legal principle that otherwise excludable evidence can be admitted in trail if police would eventually have discovered the evidence by other means

Inevitable discovery exception


A 3 part test to determine whether a law relating to religion is valid under the religious establishment clause. To be valid, a law must have a secure purpose, serve neither to advance nor inhibit religion, and avoid excessive government entanglement with religion

Lemon test


Publication of false material that damages a person's reputation



The legal principle that otherwise excludable evidence can be admitted in trial if discovered in plain sight in the process of arresting a suspect for another infraction

Plain view exception


Government prohibition of speech in publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming

Prior restraint


The constitutional requirement that government must follow proper legal procedures before a person can be legitimately punished for an alleged offense

Procedural due process


A right implied by the freedoms in the Bill of Rights that grants individuals a degree of personal privacy upon which government cannot lawfully intrude. The right gives individuals a level of free choice in areas such as reproduction and intimate relations

Right of privacy


The process by which certain of the rights contained in the BIll of Rights become applicable through the 14th amendment to actions by the state governments

Selective incorporation


Spoken falsehoods that damage a person's reputation



Action like burning a flag for the purpose of expressing a political opinion

Symbolic speech


Ruled that the 1st 10 amendments do not apply to states (don't have to uphold them)

Barron vs. Baltimore


SELECTIVE INCORPORATION. Applying to the Bill of Rights to the states on a CASE BY CASE basis to arrive at ONE NATIONAL STANDARD

14th amendment


This guranteed that the 1st 10 amendments are fundamental, no state government can infringe upon them

14th due-process clause


Supreme court engaged in this and evoked the 14th amendment to apply to the Bill of Rights to the states

Selective incorporation


1st amendment gurantees what 4 things

Speech, press, assembly, religion


What does the 4th amendment gurantee

Unreasonable search and seizure


What does the 5th amendment gurantee

Self-incrimination, double jeopardy, due process


What does the 6th amendment gurantee

Right to counsel and fair and speedy trial


What does the 8th amendment gurantee

No excessive bail and no cruel and unusual punishment