the bill of rights

probable cause

the legal standard for determining whether a search or seizure is constitutional or whether a crime has been committed; a lower threshold than the standard proof needed at a criminal trial

exclusionary rule

based upon the supreme court case Mapp v Ohio; evidence obtained as a result of an illegal search or seizure cannot be used in a criminal trial

double jeopardy

a legal prohibition against trying an individual twice for the same crime, established by the fifth amendment

constitutional rights

rights granted to you in the constitution

statutory right

right granted to you in a law or statute

voir dire

the questioning of potential jurors to determine their fitness to sit on a jury. French term meaning “to speak the truth”

common law

the form of law that is based on custom, precendent, and court decisions in england rather than on legislative decree

economic liberty

the right of individuals to obtain, use, and trade things of value for their own beneift

eminent domain

a power of government to take and use private property for a public purpose after fairly compensating its owner; also known as the “takings clause” of the fifth ammendment

establishment clause

listed in the first amendment; prohibits the federal government from passing laws to create or promote a state sponsored religionfr

free exercise clause

located in the first amendment; protects the choice of each person to adopt and practice individual religious beliefs, forbidding the government to control or restrict such beliefs and practices

Why did the Supreme Court ruling in Sherbert v. Verner, which led to the Sherbert test, make it difficult for the national government or states to interfere with religious practices?

the ruling required that the national or state action had to be effective in achieving any government goal

When is government involvement in religious practices allowed according to the Lemon test (established in Lemon v. Kurtzman)?

government involvement in religious practices is allowed when that involvement neither advances or inhibits religious practice

why are school vouchers acceptable under the Lemon Test even if they are used for attendance at religious schools

because they provide direct assistance to students and not to the schools

In the Miller v. California case, the Supreme Court established the Miller test for which purpose?

to help determine whether something is obscene. the standard also includes whether the material is patently offensive, as defined by community standards

which supreme court decision provided increased rights for students?

tinker v des moines independent community school district

the supreme court decision in which case ruled that states may not interfere with gun owneriship relative to self defense?

mcdonald v City of chicago

What did the equal time rule, which was initially part of the Communications Act, require?

the equal time rule required that if one candidate purchased advertising, all candidates in the same race would be allowed to purchase airtime at the same price