Study US Politics IDs Chap 4 Flash Cards

 
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US Politics IDs Chap 4

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privacy rights
DEF: Liberties protected by several amendments in the Bill of Rights that shield certain aspects of citizens' lives from governmental interference.
EX: 4th Amendment's protection against unreasonable searches and seizures.
SIG: Protects citizens' privacy.
double jeopardy
DEF: Being tried twice for the same crime. Protected by the 5th Amendment.
EX: A suspect is tried for murder and found innocent and then tried again on the exact same charges ten years later.
SIG: Unnecessary to be tried twice because there is most likely no more helpful evidence.
Miranda rights
DEF: The list of civil liberties described in the 5th Amendment that must be read to a suspect before anything the suspect says can be used in trial.
EX: When arrested for drunk driving, the suspect must by read his Miranda rights before being able use anything the suspect says in court.
SIG: Protects the suspect from self-incrimination.
exclusionary rule
DEF: The principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial.
EX: If police come into a house without a search warrant and find illegal drugs, the evidence cannot be used during trial and mostly likely the conviction will be dropped.
SIG: Protects citizens from unreasonable and random searches.
due process rights
DEF: The idea that laws and legal proceedings must be fair.
EX: 4th, 5th, 6th, and 8th Amendments. Protection from self-incrimination and freedom from illegal searches.
SIG: Allows all races to be treated equally when it comes to the law.
free exercise clause
DEF: Part of the 1st Amendment that prohibits Congress from interfering with the practice of religion.
EX: Congress cannot pass a law prohibits all American citizens from practicing Judaism.
SIG: Protects the civil liberty of freedom of religion.
establishment clause
DEF: Part of the 1st Amendment that prevents Congress from favoring a particular religion.
EX: Congress cannot pass a law requiring all American citizens to practice Judaism.
SIG: Protects the civil liberty of freedom of religion.
Miller test
DEF: Supreme Court uses this three-part test to determine whether speech meets the criteria for obscenity.
EX: Miller vs. California
SIG: Provides an efficient way for the Court to determine what is obscene and what isn't.
libel
DEF: Written false statements.
EX: A publicist writing about a rival publicist having an affair when it is not true.
SIG: Typically used to ruin one's reputation.
slander
DEF: Spoken false statements.
EX: A candidate talking about a rival candidate having an affair when it is not true.
SIG: Typically used to ruin one's reputation.
prior restraint
DEF: A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials.
EX: Government can ban publications of malicious or scandalous material.
SIG: Protects against ruining one's reputation through slander and libel.
direct incitement test
DEF: Protects threatening speech under the 1st Amendment unless that speech aims to and is likely to cause imminent "lawless action".
EX: If the leader of the KKK threatened to march with weapons, but not hurt anyone, then he has committed no crime.
SIG: Allows the civil liberty of freedom of speech to be protected unless it becomes a danger to society then government must step in.
clear and present danger test
DEF: Allows the government to restrict certain types of speech deemed dangerous.
EX: Handing out pamphlets urging young men to resist the draft.
SIG: Enhances public safety.
due process clause
DEF: Part of the 14th Amendment that forbids states from denying "life, liberty, or property" to any person without the due process of law.
EX: Joe cannot be denied of freedom without a proper trial and proper proceedings that are stated in the Constitution.
SIG: Give all citizens, including former slaves, equal civil rights.
Civil War Amendments
DEF: The 13th, 14th, and 15th Amendments of the Constitution.
EX: 13th-Abolished slavery, 14th-Granted citizenship to every person born or naturalized in the US, 15th-Granted voting rights to former slaves.
SIG: Abolished slavery and granted civil liberties and voting rights to freed slaves after the Civil War.
civil liberties
DEF: Basic political freedoms granted to all American citizens as stated in the Bill of Rights.
EX: Freedom of speech, religion, and the press.
SIG: Protect citizens from government abuses of power.
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