Spencer Ch. 4 Terms

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25 Terms

1

Blue Law

A law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays.

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2

Civil Liberties

Limitations on the power of government, designed to ensure personal freedoms.

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3

Civil Rights

Guarantees of equal treatment by government authorities.

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4

Common-Law Right

A right of the people rooted in legal tradition and past court rulings, rather than the Constitution.

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5

Conscientious Objector

A person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion.

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6

Double Jeopardy

A prosecution pursued twice at the same level of government for the same criminal action.

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7

Due Process Clause

Provisions of the Fifth and Fourteenth Amendments that limit government power to deny people 'life, liberty, or property' on an unfair basis.

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8

Economic Liberty

The right of individuals to obtain, use, and trade things of value for their own benefit.

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9

Eminent Domain

The power of government to take or use property for a public purpose after compensating its owner.

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10

Establishment Clause

The provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion.

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11

Exclusionary Rule

A requirement that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime.

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12

Free Exercise Clause

The provision of the First Amendment that prohibits the government from regulating religious beliefs and practices.

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13

Miranda Warning

A statement by law enforcement officers informing a person arrested of their rights.

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14

Obscenity

Acts or statements that are extremely offensive by contemporary standards.

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15

Patriot Act

A law passed that broadened federal powers to monitor electronic communications post-9/11.

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16

Plea Bargain

An agreement where the defendant pleads guilty to charges in exchange for leniency.

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17

Prior Restraint

A government action that stops someone from doing something before they can do it.

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18

Probable Cause

Legal standard for determining whether a search is constitutional or a crime has been committed.

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19

Right To Privacy

The right to be free of government intrusion.

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20

Search Warrant

A legal document allowing police to search and/or seize persons or property.

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21

Selective Incorporation

The gradual process of applying some guarantees of the Bill of Rights to state governments.

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22

Self-Incrimination

An action or statement that admits guilt or responsibility for a crime.

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23

Sherbert Test

A standard for deciding whether a law violates the free exercise clause.

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24

Symbolic Speech

A form of expression that communicates an idea without using writing or speech.

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25

Undue Burden Test

A means of deciding whether a law that makes it harder for women to seek abortions is constitutional.

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