Studied by 6 people
Substantive Due Process
concept that holds that the government must create fair policies and laws
Procedural Due Process
concept that holds that the government must employ fair procedures and methods
Due Process Clause
part of the 14th Amendment which guarantees that no State deny basic rights to its people
Civil Rights
term used for positive acts of government that seek to make constitutional guarantees a reality for all people, e.g., prohibitions of discrimination
Civil liberties
guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and freedom of religion
Establishment Clause
part of the 1st Amendment of the Constitution that guarantees the separation of church and State
Free exercise clause
the second part of the constitutional guarantee of religious freedom; guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion
Slander
false and malicious use of spoken words
Libel
false and malicious use of printed words
Probable cause
reasonable grounds, a reasonable suspicion of crime
Reasonable suspicion
a legal standard that applies in different criminal-law contexts, most often where searches and seizures are involved. It requires that officers have an objectively reasonable basis for suspecting criminal activity before detaining someone.
Warrant
a court order authorizing, or making legal, some official action, such as a search or an arrest
Grand jury
formal device by which a person can be accused of a serious crime
Bench trial
trial in which the judge alone hears the case
Indictment
formal complaint before a grand jury that charges the accused with one or more crimes
Ex Post Facto law
law applied to an act committed before its passage
Bill of Attainer
legislative act that inflicts punishment without a court trial
Writ of Habeas Corpus
court order that prevents unjust arrests and imprisonments
Exclusionary rule
ruling stating that evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized
Double jeopardy
part of the 5th Amendment stating that no person can be put in jeopardy of life or limb twice; once a person has been tried for a crime, he or she cannot be tried again for the same crime
Sedition
crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts
Prior restraint
idea that government cannot curb ideas before they are expressed
Injunction
court order that forces or limits the performance of some act by a private individual or by a public official
Shield Laws
laws that give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings
Fruit of a poison tree
A rule under which evidence that is the direct result of illegal conduct on the part of an official is inadmissible in a criminal trial against the victim of the conduct.
