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Dudley AP Government 11 Flashcards

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6561640383Writ of habeas corpusA court order requiring explanation to a judge why a prisoner is being held in custody.0
6561640384Ex post facto lawRetroactive criminal law that works to the disadvantage of a person.1
6561640385Due process clauseClause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.2
6561640386Selective incorporationThe process by which provisions of the bill of rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.3
6561640387Establishment clauseClause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. The Supreme Court has interpreted this to forbid governmental support to any or all religions.4
6561640388Free exercise clauseClause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.5
6561640389Clear and present danger testInterpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.6
6561640390Prior restraintCensorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional.7
6561640391Unprotected speechLibel, obscenity, and fighting words which are not entitled to constitutional protection in all circumstances.8
6561640392LibelWritten defamation of another person. For public officials and public figures, the constitutional tests designed to restrict libel actions are especially rigid.9
6561640393ObscenityQuality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.10
6561640394Fighting wordsWords that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence.11
6561640395Civil disobedienceDeliberate refusal to obey law or comply with orders of public officials as a means of expressing opposition.12
6561640396Property rightsThe rights of an individual to own, use, rent, invest in, buy, and sell property.13
6561640397Eminent domainThe power of a government to take private property for public use; the U.S. Constitution gives national and states governments this power and requires them to provide just compensation for property so taken.14
6561640398Due processEstablished rules and regulations that restrain government officials.15
6561640399Procedural due processConstitutional requirement that governments proceed by proper methods; limits how government may exercise power.16
6561640400Substantive due processConstitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the government may do.17
6561640401Search warrantA writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized.18
6561640402Exclusionary ruleRequirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial.19
6561640403Grand juryA jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.20
6561640404Petit juryA jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action.21
6561640405IndictmentA formal written statement from a grand jury charging an individual with an offense; also called a true bill.22
6561640406Plea bargainAgreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for more serious offense.23
6561640407Double jeopardyTrial or punishment for the same crime by the same government; forbidden by the Constitution.24

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