Chapter 4

38 flashcardsby Santiago
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1
What term refers to the specific individual rights that cannot be taken away by government, thus guaranteed by the Constitution? (Ex: Freedom of Speech)
Civil Liberty
2
What term refers to the positive rights, whether political, social, or economic, conferred by the government on individuals or groups? (Sometimes called equal rights)
Civil Rights
3
What term refers to the rights based on natural law of human society, not granted by government? (God-given, inalienable)
Natural Rights
4
What term refers to the rights granted by the authority of the government, thus shaped and possibly changed by them?
Positive Rights
5
What was added in 1791 to the US Constitution as protection against potential tyranny of the majority?
Bill of Rights
6
What did colonists then fear?
Tyrannical Government
7
What was passed in 1868 to protect freed slaves from discriminatory state laws?
14th Amendment
8
What term refers to the view that most of the protections of the Bill of Rights apply to state governments through the 14th Amendment’s due process clause?
Incorporation Theory
9
What amendment states that Congress shall make no law respecting an establishment of religion? (Freedom of Religion)
1st Amendment
10
What term refers to the institutionalized concept that there should exist a separation of church and state, establishing a clause for the lack of a national religion?
Freedom of Religion
11
What principle of the Establishment Clause states that government should have no involvement whatsoever in religious practices?
Separation Principle
12
What principle of the Establishment Clause states that government should remain neutral to all religions, thus treating them all equally?
Accommodation Principle
13
What concept, part of the Establishment Clause, explains practices that have been a part of political and public life for generations, thus being generally allowed by the Supreme Court to continue? (Ex: “In God We Trust” on US currency)
Historically Accepted Practices
14
What clause guarantees the free exercise of religion, though restrained when such religious practiced interfere with public policy?
Free Exercise Clause
15
What are these theories explaining as it pertains to respect of free speech? (Self-governance, self-fulfillment, etc)
Free Expression Rights
16
What theory explains the role free expression plays in preventing violence?
Safety Valve Theory
17
What concept is the government required to follow through so that a story may be approved before it can be published (speech)?
Prior Restraint
18
What term refers to the non-spoken forms of speech that might be protected by the 1st Amendment? (Ex: Flag-burning)
Symbolic Speech
19
What term refers to the action or crime of making a false spoken statement damaging to a person’s reputation?
Slander
20
What term refers to the form of expression that is meant to incite hatred against a group or class of people on the basis of a marginalized criteria?
Hate Speech
21
What term refers to the printing or disseminating of false statements to harm someone?
Libel
22
What term refers to the rights of a defendant to a fair trial superseding the rights of the public to “attend” the trial?
Gag Rights
23
What is no longer limited to print media, given that it has advanced?
Freedom of the Press
24
What famous court case argued for the rights of women to have the ability to abort?
Roe v. Wade
25
What term refers to the practice of sending a foreign criminal or terrorist suspect secretly to be interrogated in a country with less rigorous regulations for the humane treatment of prisoners?
Rendition
26
What act allows internet service providers to disclose customer records voluntarily to the government in emergencies involving risk of death or serious physical injury?
Patriot Act
27
What amendment established that police couldn’t search, seize, or arrest an individual without a warrant (unless probable cause)?
4th Amendment
28
What issue in New York exists as a controversial police tactic that allows law enforcement to stop and search individuals they suspect may be involved in criminal activity? (Racial bias?)
Stop and Frisk
29
What term refers to a document issued by a magistrate, giving an officer authorization to make an arrest, seize property, make a search, or carry a judgment into execution?
Warrant
30
What legal rule requires all evidence illegally obtained by police in violation of the Bill of Rights be excluded from admission in a court of law, where it might assist in convicting the accused?
Exclusionary Rule
31
What law punishes someone for doing something in the past, at a time when the act was not illegal?
Ex Post Facto Law
32
What amendment forbids the coercion of a confession or the act of compulsory self-incrimination?
Fifth Amendment
33
What amendment establishes a legal counsel, informing the accused of their charges, a speedy and public trial, as well as an impartial jury?
6th Amendment
34
What amendment established a reasonable bail and forbade cruel and unusual punishment?
8th Amendment
35
What rule states that a person has the right to remain silent, with any potential statements may be used against them, and that they have the right to an attorney?
Miranda Rule
36
What term refers to the act of clearing someone of an accusation, freeing them from guilt or blame?
Exoneration
37
What term refers to the punishment of execution, administered to someone legally convicted of a capital crime?
Death Penalty
38
What constitutional protection states that those accused of a crime cannot be tried twice for the same crime?
Double-Jeopardy
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