Studied by 4 peopleCivil liberties
Rights accorded to an individual by the Constitution
Due process of law
Denies the government the right to deprive people of life, liberty, and property without due process
Equal protection of the law
A standard of equal treatment the government must observe
Freedom of expression
Right of the people to speak, publish, and assemble
Freedom of religion
Right of the people to freely exercise their religion, wall of separation
Prior Restraint
Censorship of a publication
Selective Incorporation Process
The court has applied most but not all parts of the Bill of Rights to the states
Clear and present danger test
Laws will not punish speech unless there is a clear and present danger
Libel
Writing that is false and harms a person
Symbolic speech
An act that conveys a political message
Free exercise clause
Requirement in the first amendment that law cannot prevent free exercise of religion
Establishment clause
First amendment bans laws which respect an establishment of religion
Wall of separation
Government cannot be involved with religion
Exclusionary rule
Illegally gathered evidence can’t be used in a criminal trial
Search warrant
An order from a judge which authorizes a search
Probable cause
Reasonable cause for issuing a search warrant or issuing an arrest
Good faith exception
Errors in gather evidence that is minor can be used in a trial
Public safety exception
If there’s an urgent concern, a police can question a suspect without issuing a Miranda warning
Inevitable discovery
Evidence can be used if it would have been inevitable discovered
1st Amendment
Protect Freedom of Religion, Speech, Petition, Press, and Assembly,
2nd Amendment
Right to bear arms (own guns)
3rd Amendment
The government cannot force people to keep troops in their private homes
4th Amendment
Protection against Unreasonable Search and Seizure
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process
6th Amendment
The right to a Speedy Trial by jury, representation by an attorney for an accused person
7th Amendment
The right to a trial by Jury in civil cases over $20.00
8th Amendment
Prohibits excessive fines and excessive bail/and cruel unusual punishment
9th Amendment
People have rights not expressly written in the Constitution.
10th Amendment
Powers not given to federal government go to people and States
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Flashcard (26)