Chapter 4 Vocab Flashcards Preview

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Flashcards in Chapter 4 Vocab Deck (29)
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1
Q

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

A

Bill of rights

2
Q

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

A

Civil liberties

3
Q

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

A

Clear-and-present danger test

4
Q

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

A

Due process clause (of 14th amendment)

5
Q

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

A

Establishment clause

6
Q

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

A

Exclusionary rule

7
Q

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

A

Freedom of expression

8
Q

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

A

Free-exercise clause

9
Q

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

A

Good faith exception

10
Q

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

A

Imminent lawless action test

11
Q

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

A

Inevitable discovery exception

12
Q

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

A

Lemon test

13
Q

Publication of false material that damages a person’s reputation

A

Libel

14
Q

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

A

Plain view exception

15
Q

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

A

Prior restraint

16
Q

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

A

Procedural due process

17
Q

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

A

Right of privacy

18
Q

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

A

Selective incorporation

19
Q

Spoken falsehoods that damage a person’s reputation

A

Slander

20
Q

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

A

Symbolic speech

21
Q

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

A

Barron vs. Baltimore

22
Q

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

A

14th amendment

23
Q

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

A

14th due-process clause

24
Q

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

A

Selective incorporation

25
Q

1st amendment gurantees what 4 things

A

Speech, press, assembly, religion

26
Q

What does the 4th amendment gurantee

A

Unreasonable search and seizure

27
Q

What does the 5th amendment gurantee

A

Self-incrimination, double jeopardy, due process

28
Q

What does the 6th amendment gurantee

A

Right to counsel and fair and speedy trial

29
Q

What does the 8th amendment gurantee

A

No excessive bail and no cruel and unusual punishment