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AP Gov Ch. 14 Flashcards

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9610904995Civil Libertiesconstitutional protections of all persons against governmental restrictions on freedoms of conscience, religion & expression0
9610911377Civil Rightsconstitutional 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
9610922062Writ of habeas corpusa court order requiring explanation to a judge as to why a prisoner is being held in custody2
9610931558Ex post facto lawa retroactive criminal law that works to the disadvantage of a person3
961093368414th Amendmentno person shall be deprived by a state of life, liberty, or property without due process of law4
9610945235Gitlow v. New Yorkdecided 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 liberties5
9610960329Due Process Clausea 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 law6
9610973072Selective Incorporationthe 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 govts7
9610979436Establishment Clausea clause in the 1st Amendment stating that Congress shall make no law respecting the establishment of a religion8
9610989327Free Exercise Clausea clause in the 1st Amendment stating that Congress shall make no law prohibiting the free exercise of a religion9
9610998101Lemon Testa law must have a secular purpose, myst neither advance nor inhibit religion, and must avoid excessive entanglement with govt10
9611011291Clear and Present Danger Testan 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 acts11
9611023928Libelwritten defamation of another person12
9611030088Obscenitythe quality or state of a work that, taken as a whole, appeals to a prurient interest by depicting sexual conduct in a patently offensive way13
9611038747Fighting Wordswords that by their very nature inflict injure on those to whom they are addressed or incite them to acts of violence14
9611044373Miller Testhelps to determine if work can be considered legally obscene15
9611061392Prior Restraintcensorship imposed before a speech is made or a newspaper is published, usually presumed to be unconstitutional16
9611069788Content or viewpoint neutralitylaws that apply to all kinds of speech and to all views, not only that which is unpopular or divisive17
9611082010Federal Communications Commissionregulates the entire system of public radio and television by granting licenses, regulating their use, and imposing fines for indecent broadcasts18
9611092558Time, Place, and Manner Restrictionsgovt cannot censor what is said but can make reasonable regulations for protests and parades as part of the freedom of assembly19
9611104872Eminent Domainthe power of a govt to take private property for public use20
9611115480Procedural Due Processa constitutional requirement that govts proceed by proper methods; limits how govt may exercise power21
9611127443Substantive Due Processa constitutional requirement that govts act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a govt may do22
9611136572Griswold v. ConnecticutSCOTUS determined that a right to privacy existed in the 1st, 3rd, 4th, 5th, 9th, and 14th Amendments23
9611147766Roe v. WadeSCOTUS held that the right to privacy extended to a woman's decision, in consultation with her physician, to terminate her pregnancy24
9611155664Planned Parenthood v. CaseySCOTUS upheld the view that the due process clause protects a woman's liberty to choose an abortion prior to viability25
9611167898Civil Disobediencedeliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition26
9611179703Lawrence v. TexasSCOTUS struck down a Texas law making consensual homosexual sodomy a crime27
96111978511st Amendmentreligion, assembly, press, petition, speech28
96112063384th Amendmentthe right of the people to be secure against unreasonable searches and seizures, and no warrants without probable cause29
9611227396Probable Causewhen 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 searched30
9611267697Mapp v. OhioSCOTUS adopted a rule excluding from criminal trial evidence that the police obtained unconstitutionally or illegally31
9611275913Exclusionary Rulea requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial32
9611283361Miranda v. ArizonaSCOTUS 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 attorney33
9611294044Grand Jurya jury of 12-23 people who privately hear evidence presented by the govt to determine whether persons shall be required to stand trial34
9611299576Gideon v. WainwrightSCOTUS ruled that state courts are required to appoint attorneys for defendants who could not afford them35
9611315552Double Jeopardytrial or punishment for the same crime by the same govt; forbidden by the 5th Amendment36
96113305205th Amendmentconstitutional right to a Grand Jury, protection against double jeopardy, protection against self incrimination, protection against due process, eminent domain37
96113441006th Amendmentconstitutional right to a speedy and public trial, a trial by jury, to have witnesses, and to have an attorney38
96113619608th Amendmentconstitutional protection against excessive bail and cruel and unusual punishment39

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