9610904995 | Civil Liberties | constitutional protections of all persons against governmental restrictions on freedoms of conscience, religion & expression | 0 | |
9610911377 | Civil Rights | constitutional rights of all persons to due process and the equal protection of the laws; the constitutional right not to be discriminated against b/c of race, ethnicity, religion or sex. | 1 | |
9610922062 | Writ of habeas corpus | a court order requiring explanation to a judge as to why a prisoner is being held in custody | 2 | |
9610931558 | Ex post facto law | a retroactive criminal law that works to the disadvantage of a person | 3 | |
9610933684 | 14th Amendment | no person shall be deprived by a state of life, liberty, or property without due process of law | 4 | |
9610945235 | Gitlow v. New York | decided that when fundamental liberties such as the freedom of speech and press are at stake, the due process clause of the 14th Amendment prohibits states from infringing on those liberties | 5 | |
9610960329 | Due Process Clause | a clause in the 5th Amendment limiting the power of the national govt; a similar clause in the 14th Amendment prohibits states from depriving any person of life, liberty, or property without due process of law | 6 | |
9610973072 | Selective Incorporation | the process by which provisions of the Bill of Rights are brought within the scope of the 14th Amendment and so applied to state and local govts | 7 | |
9610979436 | Establishment Clause | a clause in the 1st Amendment stating that Congress shall make no law respecting the establishment of a religion | 8 | |
9610989327 | Free Exercise Clause | a clause in the 1st Amendment stating that Congress shall make no law prohibiting the free exercise of a religion | 9 | |
9610998101 | Lemon Test | a law must have a secular purpose, myst neither advance nor inhibit religion, and must avoid excessive entanglement with govt | 10 | |
9611011291 | Clear and Present Danger Test | an interpretation of the 1st Amendment holding that govt can't interfere with speech unless it presents a clear and present danger that it will lead to evil or illegal acts | 11 | |
9611023928 | Libel | written defamation of another person | 12 | |
9611030088 | Obscenity | the quality or state of a work that, taken as a whole, appeals to a prurient interest by depicting sexual conduct in a patently offensive way | 13 | |
9611038747 | Fighting Words | words that by their very nature inflict injure on those to whom they are addressed or incite them to acts of violence | 14 | |
9611044373 | Miller Test | helps to determine if work can be considered legally obscene | 15 | |
9611061392 | Prior Restraint | censorship imposed before a speech is made or a newspaper is published, usually presumed to be unconstitutional | 16 | |
9611069788 | Content or viewpoint neutrality | laws that apply to all kinds of speech and to all views, not only that which is unpopular or divisive | 17 | |
9611082010 | Federal Communications Commission | regulates the entire system of public radio and television by granting licenses, regulating their use, and imposing fines for indecent broadcasts | 18 | |
9611092558 | Time, Place, and Manner Restrictions | govt cannot censor what is said but can make reasonable regulations for protests and parades as part of the freedom of assembly | 19 | |
9611104872 | Eminent Domain | the power of a govt to take private property for public use | 20 | |
9611115480 | Procedural Due Process | a constitutional requirement that govts proceed by proper methods; limits how govt may exercise power | 21 | |
9611127443 | Substantive Due Process | a constitutional requirement that govts act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a govt may do | 22 | |
9611136572 | Griswold v. Connecticut | SCOTUS determined that a right to privacy existed in the 1st, 3rd, 4th, 5th, 9th, and 14th Amendments | 23 | |
9611147766 | Roe v. Wade | SCOTUS held that the right to privacy extended to a woman's decision, in consultation with her physician, to terminate her pregnancy | 24 | |
9611155664 | Planned Parenthood v. Casey | SCOTUS upheld the view that the due process clause protects a woman's liberty to choose an abortion prior to viability | 25 | |
9611167898 | Civil Disobedience | deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition | 26 | |
9611179703 | Lawrence v. Texas | SCOTUS struck down a Texas law making consensual homosexual sodomy a crime | 27 | |
9611197851 | 1st Amendment | religion, assembly, press, petition, speech | 28 | |
9611206338 | 4th Amendment | the right of the people to be secure against unreasonable searches and seizures, and no warrants without probable cause | 29 | |
9611227396 | Probable Cause | when there is a reasonable basis for believing that a crime may have been committed or when evidence of the crime is present in the place to be searched | 30 | |
9611267697 | Mapp v. Ohio | SCOTUS adopted a rule excluding from criminal trial evidence that the police obtained unconstitutionally or illegally | 31 | |
9611275913 | Exclusionary Rule | a requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial | 32 | |
9611283361 | Miranda v. Arizona | SCOTUS announced that no conviction could stand if evidence introduced at the trial had been obtained by the police during 'custodial interrogation' unless suspects were notified of the right to remain silent and that they may have an attorney | 33 | |
9611294044 | Grand Jury | a jury of 12-23 people who privately hear evidence presented by the govt to determine whether persons shall be required to stand trial | 34 | |
9611299576 | Gideon v. Wainwright | SCOTUS ruled that state courts are required to appoint attorneys for defendants who could not afford them | 35 | |
9611315552 | Double Jeopardy | trial or punishment for the same crime by the same govt; forbidden by the 5th Amendment | 36 | |
9611330520 | 5th Amendment | constitutional right to a Grand Jury, protection against double jeopardy, protection against self incrimination, protection against due process, eminent domain | 37 | |
9611344100 | 6th Amendment | constitutional right to a speedy and public trial, a trial by jury, to have witnesses, and to have an attorney | 38 | |
9611361960 | 8th Amendment | constitutional protection against excessive bail and cruel and unusual punishment | 39 |
AP Gov Ch. 14 Flashcards
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