Chapter 4 Vocab-Book Quiz
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22 terms
Terms | Definitions |
|---|---|
 civil liberties | the personal freedoms of individuals that are protected from government intrusion |
| Bill of Rights | the freedoms listed in the first ten amendments to the U.S. Constitution |
| selective incorporation | the process of applying some of the rights in the Bill of Rights to the states through the due process clause of the Fourteenth Amendment |
| free exercise clause | The First Amendment provision intended to protect the practice of one's religion free from government interference |
| establishment clause | the First Amendment prohibition against the government's establishment of a national religion |
| lemon test | the three-part test for establishment clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion |
| clear and present danger test | Free speech test that only prohibits speech that produces a clear and immediate danger |
| bad tendency test | free speech test that prohibits speech that could produce a bad outcome, such as violence, no matter how unlikely the possibility the speech could be the cause of such an outcome |
| symbolic speech | actions meant to convey a political message |
| miller test | The current judicial test for obscenity cases that considers community standards, whether the material is patently offensive, and whether the material taken as awhile lacks serious literary, artistic, political, or scientific value |
| slander | oral statements that are false and injure another's reputation |
| libel | written statements that are false and injure another's reputation |
| Sullivan rule | standard requiring public officials and public figures in defamation suits to trove that allegedly libelous or slanderous statements are both false and made with malice |
| hate speech | prejudicial and hostile statements toward another person's innate characteristics such as race and ethnicity |
| prior restraint | a practice that would allow the government to censor a publication before anyone could read or view it |
| probable cause | a practical and nontechnical calculation of probabilities that is the basis for securing search warrants |
| exclusionary rule | the judicial barring of illegally seized evidence from a trial |
| miranda rights | the warning police must administer to suspects so that the latter will be away of their right not to incriminate themselves. the rights include the right to remain silent, the right to know statements will be used against them, and the right to have an attorney for the interrogation. |
| Gregg v. Georgia | the supreme court decision that upheld the death penalty in the United States |
| Roe v. Wade | the supreme court case that legalized abortions in the United States during the first two trimesters of a pregnancy |
| test case | practice by which a group deliberately brings a case to court in order to secure a judicial ruling on a constitutional issue |
| amicus curiae brief | legal briefs filed by organized groups to influence the decision in a supreme court case |
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