Spencer Ch. 4 Terms

Blue Law

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

Civil Liberties

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

Civil Rights

Guarantees of equal treatment by government authorities.

Common-Law Right

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

Conscientious Objector

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

Double Jeopardy

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

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.

Economic Liberty

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

Eminent Domain

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

Establishment Clause

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

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.

Free Exercise Clause

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

Miranda Warning

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

Obscenity

Acts or statements that are extremely offensive by contemporary standards.

Patriot Act

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

Plea Bargain

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

Prior Restraint

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

Probable Cause

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

Right To Privacy

The right to be free of government intrusion.

Search Warrant

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

Selective Incorporation

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

Self-Incrimination

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

Sherbert Test

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

Symbolic Speech

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

Undue Burden Test

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