usgov chapter 4 vocab
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16 terms
Terms | Definitions |
|---|---|
 Civil liberties | those personal freedoms that are protected for all individuals; typically involve restraining the government's actions against individuals |
| Establishment clause | the part of the First Amendment prohibiting the establishment of a church officially supported by the national government [It is applied to questions of state and local government aid to religious organizations and schools, the legality of allowing or requiring school prayers, and the teaching of evolution versus intelligent design.] |
| Free exercise clause | the provision of the First Amendment guaranteeing the free exercise of religion |
| Prior restraint | restraining an action before the activity has actually occurred; when expression is involved, this means censorship |
| Symbolic speech | nonverbal expression of beliefs, which is given substantial protection by the courts |
| Clear and Present Danger Test | the test proposed by Justice Oliver Wendell Homes for determining when government may restrict free speech; (has to do with messing up public order) |
| Defamation of character | wrongfully hurting a person's good reputation. The law imposes a general duty on all persons to refrain from making false, debasing statements about others |
| Slander | the public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, persons other than the defamed party |
| Libel | a written defamation of a person's character, reputation, business, or property rights |
| Actual malice | either knowledge of a defamatory statement's falsity or a reckless disregard for the truth |
| Gag order | an order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trial |
| Writ of habeas corpus | means, literally, "you have the body"; an order that requires jailers to bring a prisoner before a court or judge and explain why the person is being held |
| Arraignment | the first act in a criminal proceeding, in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty |
| Miranda v. Arizona | created the Miranda rule, where defendants have the right to remain silent (must state it explicitly) |
| Exclusionary rule | a policy forbidding the admission at trial of illegally seized evidence |
| Due process | the principle that the government must respect all of the legal rights that are owed to a person according to the law; holds that the government subservient to the law of the land, protecting individual persons from the state |
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