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26 Terms

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Establishment Clause

1st Amendment clause preventing the government from establishing an official state religion.

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Free Exercise Clause

1st Amendment clause guaranteeing the right to practice any religion freely.

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Libel

Written defamatory statements that harm a person's reputation.

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Slander

Spoken defamatory statements that harm a person's reputation.

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Defamatory Speech

False speech intended to damage a person's character (includes libel and slander).

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Symbolic Speech

Nonverbal communication or actions that express an idea (protected under 1st Amendment speech).

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Prior Restraint

Government censorship of material before it is published or broadcast.

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Protest

The right to gather peacefully under the 1st Amendment assembly protections.

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Lobbying

Exercising the 1st Amendment right to petition the government to influence policy.

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Search Warrant

A legal court order allowing law enforcement to search a location.

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Probable Cause

Reasonable grounds or sufficient evidence needed to obtain a search warrant or make an arrest.

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Exclusionary Rule

Prevents illegally obtained evidence from being used against a defendant in court.

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Arrest Warrant

A court order authorizing law enforcement to take an individual into custody.

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Grand Jury

A panel that determines if there is enough evidence to issue a formal indictment to send a case to trial.

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Indictment

A formal criminal charge issued by a grand jury.

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Double Jeopardy

Being put on trial twice for the exact same crime (prohibited by the 5th Amendment).

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Self-Incrimination

Giving testimony that can be used against yourself in court ("pleading the 5th").

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Due Process

Fair treatment through the normal judicial system before life, liberty, or property can be taken.

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Eminent Domain

The government's power to take private property for public use, provided fair compensation is paid.

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Habeas Corpus

A legal order requiring a person under arrest to be brought before a judge ("to have the body") to hear charges.

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Subpoena

A legal order compelling a witness to appear and testify in court.

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Right to Counsel

The constitutional right to have an attorney represent you in a criminal trial (6th Amendment).

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Change of Venue

Moving a trial to a new geographical location to ensure an impartial jury free of local bias.

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Unenumerated Rights

Rights retained by the people that are not explicitly listed in the Constitution (9th Amendment).

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Reserved Powers

Powers not delegated to the federal government that belong strictly to the states (10th Amendment).

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Federalism

The constitutional division of power between the federal government and state governments.