Chapter 5: Civil Liberties

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Civil liberties

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29 Terms

1

Civil liberties

Rights accorded to an individual by the Constitution

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2

Due process of law

Denies the government the right to deprive people of life, liberty, and property without due process

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3

Equal protection of the law

A standard of equal treatment the government must observe

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4

Freedom of expression

Right of the people to speak, publish, and assemble

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5

Freedom of religion

Right of the people to freely exercise their religion, wall of separation

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6

Prior Restraint

Censorship of a publication

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7

Selective Incorporation Process

The court has applied most but not all parts of the Bill of Rights to the states

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8

Clear and present danger test

Laws will not punish speech unless there is a clear and present danger

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9

Libel

Writing that is false and harms a person

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10

Symbolic speech

An act that conveys a political message

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11

Free exercise clause

Requirement in the first amendment that law cannot prevent free exercise of religion

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12

Establishment clause

First amendment bans laws which respect an establishment of religion

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13

Wall of separation

Government cannot be involved with religion

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14

Exclusionary rule

Illegally gathered evidence can’t be used in a criminal trial

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15

Search warrant

An order from a judge which authorizes a search

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16

Probable cause

Reasonable cause for issuing a search warrant or issuing an arrest

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17

Good faith exception

Errors in gather evidence that is minor can be used in a trial

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18

Public safety exception

If there’s an urgent concern, a police can question a suspect without issuing a Miranda warning

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19

Inevitable discovery

Evidence can be used if it would have been inevitable discovered

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20

1st Amendment

Protect Freedom of Religion, Speech, Petition, Press, and Assembly,

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21

2nd Amendment

Right to bear arms (own guns)

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22

3rd Amendment

The government cannot force people to keep troops in their private homes

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23

4th Amendment

Protection against Unreasonable Search and Seizure

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24

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

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25

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

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26

7th Amendment

The right to a trial by Jury in civil cases over $20.00

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27

8th Amendment

Prohibits excessive fines and excessive bail/and cruel unusual punishment

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28

9th Amendment

People have rights not expressly written in the Constitution.

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29

10th Amendment

Powers not given to federal government go to people and States

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