| Question |
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| Answer |
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| Civil Liberties |
the personal garantees and freedoms that the federal government cannot abridge by law, Constitution, or Judicial interpretation |
| Civil Rights |
the governement protected rights of individuals against arbitrary or discriminatory treatment |
| Bill of Rights |
first ten amendments of the Constitution which largely garantee specific rights and liberties |
| Ninth Amendment |
Part of the Bill of Rights that reads: "the innumeration in the constitution certain rights shall not be contructed to deny or disparage others retained by the people |
| Supstantive Due Process |
Judicial Interpretation of the Fifth and Fourteenth ammendent due process clause that protects citizens from arbitrary or unjust laws |
| Incorporation Doctrine |
Interpretation of the Constitution that holds that the Due Process Clause of the 14th amendment requires that state and local governments also guarantee those rights |
| Selective Incorporation |
A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made aplicable to the states through the 14th amendment |
| Fundamental Freedom |
The rights defined by the court to be essential to order, liberty, and justice |
| Establishment Clause |
The First Clause in the 1st amendment which prohibits the US government from interferring with the citizen's right to practice his/her religion |
| Free Exorcise Clause |
The 2nd Clause of the 1st amendment which prohibits the US government from interfeering with the citizen's right to practice his/her religion |
| Prior Restraint |
Constitutional Doctrine which prevents the government from prohibiting speech or publication before the fact, which is generally held to be in violation of the first amendment |
| Clear and Present Danger Test |
The test articulated by the Supreme Court to draw the line between protected and unprotected speech. the court looks to see whether the words use create a clear and present danger and bring about substantive evils that the Congress seeks to prevent |
| Direct Incitement Test |
Test articulated by the Supreme Court that holds the advocacey of illegal action is protect by the 1st amendment unless 'iminant lawless action is intended and likely to occur' |
| Symbolic Speech |
Symbols, signs, and other methods of expression generally also considered to be protect by the 1st amendment |
| Libel |
False written statement(s) tending to call someone's reputation into disripute |
| Slander |
Untrue spoken statements that defame the character of a person. |
| New York Times Comp. v Sullivan |
The Supreme Court concluded that actual malice must be proved to support a finding of libel against a public figure |
| Fighting Words |
Words that inflict injury or tend to incite immediate breach of peace, and they are not restricted by the 1st amendment |
| Due Process Rights |
Procedural Guarantees proveded by the 4th, 5th, 6th, 8th amendments for those accused of crimes |
| Miranda v. Arizona |
Supreme Court ruling that requires that individuals arrested for a crime must be advised of their right to remain silent and have counsel present |
| Exclusionary Rule |
Judicialy created rule that prohibits police from using illegally seized evidence at a trial |
| Right to Privacy |
The right to be let alone and it's judicially created doctrine incompassing an individual's decision to use Birth control or have an Abortion |
| Fourth Amendment |
The right of the people to be secure. Protects citizens against unlawful search and seizure |
| Fifth Amendment |
Provides for indictment from a Grand Jury, protects from self incrimination, and prevents the government from denying a person life, liberty, or property without due process |
| Sixth Amendment |
Sets the basic requirement of procedural due process for courts to follow in trial, including the right to a speedy trial |
| Eighth Amendment |
Accessive bail should not be required, nor should accessive fines be imposed, and nor should cruel and unusual punishment be inflicted |
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