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Test Date 3/31/26
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Civil liberties
Constitutionally established guarantees that protect the fundamental rights and freedoms of individuals from unreasonable interference by government
Civil rights
Protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law
Bill of Rights
List of fundamental liberties and rights that individuals possess. The first ten amendments to the US Constitution are referred to as this.
Due process clause
Clause in the 14th Amendment that restricts state governments from denying persons their life, liberty, or property without legal safeguards.
Procedural due process
Requirement that government officials use methods that are not arbitrary when making and carrying out decisions affecting constitutionally protected rights.
Substantive due process
Requirement that law be fundamentally fair to all citizens
Selective incorporation
Case-by-case process through which the Supreme Court affirmed that almost all of the protections in the Bill of Rights also apply to state governments.
Establishment clause
First Amendment protection against the government requiring citizens to join or support a religion
Free exercise clause
First Amendment protection of the rights of individuals to express and exercise their religious beliefs
Clear and present danger test
Legal standard that speech posing an immediate and serious threat to national security is not protected by First Amendment.
Prior restraint
Suppression of material prior to publication
Symbolic speech
Protected expression in the form of images, signs, and other symbols.
Libel
Untrue written statement that injures a person's reputation
Slander
Untrue spoken expression that injures a person's reputation
Ex post facto laws
Laws criminalizing conduct that was legal at the time it occurred.
Bill of attainder
Law passed by Congress punishing an individual without a trial.
Writ of habeas corpus
Document setting out the reasons for an arrest or detention.
Warrant
Document issued by a judge authorizing a search.
Probable cause
Reasonable belief that a crime has been committed or that there is evidence of criminal activity.
Exclusionary rule
Rule that evidence obtained without a warrant is inadmissible in court
Grand jury
Group of citizens who, based on the evidence presented to them, decide whether or not to formally charge a person accused of a crime.
Double jeopardy
After an individual has been acquitted of a crime, charging that individual with the same crime again in the same jurisdiction.
Miranda rights
Right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals in custody who are suspected of criminal activity.