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GOVT - Ch 4
Civil Liberties
| Term | Definition |
|---|---|
| civil liberties | Individual rights protected by the Constitution against the powers of the government. |
| writ of habeas corpus | An order that requires an official to bring a specified prisoner into court and explain to the judge why the person is being held in prison. |
| bill of attainder | A legislative act that inflicts punishment on particular persons or groups without granting them the right to a trial. |
| ex post facto law | A criminal law that punishes individuals for committing an act that was legal when the act was committed. |
| due process clause | The constitutional guarantee (Fifth and Fourteenth Amendments) that the government will not illegally or arbitrarily deprive a person of life, liberty, or property. |
| due process of law | The requirement that the government use fair, reasonable, and standard procedures whenever it takes any legal action against an individual (Fifth and Fourteenth Amendments). |
| establishment clause | The section of the First Amendment that prohibits Congress from passing laws "respecting an establishment of religion." |
| free exercise clause | The provision of the First Amendment stating that the government cannot pass laws "prohibiting the free exercise" of religion. Free exercise issues often concern religious practices that conflict with established laws. |
| Lemon test | 3 part test from Supreme Court case Lemon v. Kurtzman: Constitutional government aid to parochial schools must (1) be for a clearly secular purpose; (2) neither advance nor inhibit religions; and (3) avoid excessive government entanglement with religion. |
| school voucher | An educational certificate, provided by a government, that allows a student to use public funds to pay for a private or a public school chosen by the student or his or her parents. |
| symbolic speech | The expression of beliefs, opinions, or ideas through forms other than speech or print; speech involving actions and other nonverbal expressions. |
| seditious speech | Speech that urges resistance to lawful authority or that advocates the overthrowing of a government. |
| commercial speech | Advertising statements that describe products (receives less protection under First Amendment). |
| libel | A published report of a falsehood that tends to injure a person's reputation or character. |
| slander | The public utterance of a statement that holds a person up for contempt, ridicule, or hatred. |
| obscenity | Indecency or offensiveness in speech, expression, behavior, or appearance (normally is determined by community standards). |
| probable cause | Cause for believing that there is a substantial likelihood that a person has committed or is about to commit a crime. |
| double jeopardy | The prosecution of a person twice for the same criminal offense; prohibited by the Fifth Amendment in all but a few circumstances. |
| self-incrimination | Providing damaging information or testimony against oneself in court. |
| exclusionary rule | A criminal procedural rule requiring that any illegally obtained evidence not be admissible in court. |
| Miranda warnings | A series of statements informing criminal suspects, on their arrest, of their constitutional rights (to remain silent and to counsel); required by Supreme Court case Miranda v. Arizona. |
Created by:
lisagrand
Popular American Government sets