10.1-10.4 Vocabulary Terms

due process

following established and complete legal procedures that are fair

incorporation

the Court has held that the Fourteenth Amendment's due process clause means that many of the guarantees of the Bill of Rights apply to the states

establishment clause

the part of the First Amendment of the U.S. Constitution that declares that government cannot take actions that create an official religion or support one religion over another

free exercise clause

the part of the First Amendment of the U.S. Constitution that guarantees each person the right to hold any religious beliefs they choose

slander

a spoken defamatory statement

libel

a defamatory statement that appears in print

treason

the crime of making war against the United States or giving "aid and comfort" to its enemies

sedition

a legal term for speech or actions that inspire revolt against the government

prior restraint

government action that seeks to prevent materials from being published

symbolic speech

the communication of ideas through symbols and actions

freedom of association

the right to join with others, share ideas, and work toward a common purpose

search warrant

a document that gives police legal authority to search private property

exclusionary rule

the rule that evidence obtained illegally may not be used against a person in a trial

police power

a government's ability to regulate behavior for the common good

probable cause

the reason for a search or an arrest, based on the knowledge of a crime and the available evidence

Patriot Act

a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor telephone and e-mail communications

civil law

the category of law that covers private disputes between people over property or relationships

criminal law

the category of law that deals with crimes that are an offense against the public, society, or the state (only the federal or state government can initiate a case)

tort law

focuses on actions that harms another person, such as medical malpractice, wrongful death, or a civil rights violation.

mediation

a type of alternative dispute resolution in which a trained negotiator works with both sides to reach a compromise agreement acceptable to everyone

arbitration

a type of alternative dispute resolution in which both sides agree in advance to accept a ruling issued by a third party who listens to both sides

negotiation

a type of alternative dispute resolution in which the sides discuss ways to resolve the issue without the involvement of a third party

misdemeanor

in criminal law, a relatively minor offense for which a person may receive a minor fine or may be imprisoned for less than a year (Trespassing, traffic violations, and petty theft are examples)

felony

in criminal law, a more serious crime that carries a harsher sentence (murder, sexual assault, and grand theft are examples)

grand jury

the Fifth Amendment guarantees that people cannot face trial for most federal crimes without first facing a group of 16 to 23 citizens who gather in secret to decide whether there is enough evidence to send an accused person to trial

indictment

a formal complaint of criminal wrongdoing

arraignment

the formal reading of charges against the accused where they enter a plea—guilty or not guilty

bail

money pledged by a person accused of a crime that he or she will return to court for trial

capital punishment

the death penalty

habeas corpus

a legal order requiring that an imprisoned person be brought before a court so that a judge may determine whether or not the imprisonment is legal

Miranda warnings

a list of certain constitutional rights possessed by those accused of crimes (includes the right to remain silent and the right to have an attorney present during questioning)

Fifth Amendment

guarantees no self-incrimination, no double jeopardy

Sixth Amendment

guarantees speedy and public trial, adequate defense in criminal cases

Seventh Amendment

guarantees trial by jury in federal civil cases

Eighth Amendment

prohibits excessive fines and cruel and unusual punishments