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Chapter 14 gov
definetions and terms
| Question | Answer |
|---|---|
| Incorporation | In constitutional law, the application of almost all of the Bill of Rights to the states and all of their subdivisions throughout the 14th Amendment |
| Free Exercise Clause | Clause in the 1st Amendment to the constitution that prohibits government from restricting religious beliefs and practices that do not harm society. |
| Establishment Clause | Clause in the 1st Amendment to the Constitution that is interpreted to require the seperation of church and state |
| wall-of-seperation doctrine | The Supreme Court's interpretation of the No Establishment Clause that laws may not have as their purpose aid to one religion or aid to all religions |
| Lemon Test | To be constitutional, a law must have a secular purpose; its primary effect must neither advance nor inhibit religion; and it must not foster excessive government entanglement with religion |
| clear and present danger doctrine | Standard used by the courts to determine whether speech may be restricted; only speech that creates a serious and immediate danger to society may be restricted |
| Preferred position | Refers to the tendency of the courts to give preference to the 1st Amendment rights to speech, press, and assembly when faced with conflicts |
| Freedom of expression | Collectively, the 1st Amendment rights to free speech, press, and assembly |
| symbolic speech | Actions other than speech itself but protected by the 1st Amendment because they constitute political expression |
| commercial speech | Advertising communications given only partial protection under the first Amendment to the Constitution |
| Prior restraint | Government actions to restrict publication of a magazine, newspaper, or books on grounds of libel, obscenity, or other legal violations prior to actual publications of the work |
| Shield laws | Laws some states the give reporters the right to refuse to name their sources or to name their notes in court cases; may be overturned by the courts when such refusals jeopardize a fair trial for a defendant |
| taking clause | The 5th Amendment's prohibition against government taking of private property without just compensation |
| eminent domain | The action of a government to take property for public use with just compenssation even if the owner does not wish to sell |
| bill of attainder | Legislative act inflicting punishment without judicial trial, forbidden under Article I of the constitution |
| ex post facto law | Retroactive criminal law that works against the accused; forbidden under Article I of the Constitution |
| Search warrant | Court order permitting law-enforcement officials to search a location in order to seize evidence of a crime issued only for a specified location in connection with a specific investigation and on submission of proof that "probable cause" exists to warrant |
| indictment | Determination by a grand jury the sufficient evidence exists to warrant trial of an individual on a felony charge; necessary before an individual can be brought to trial |
| Grand jury | Jury charged only with determination whether sufficient evidence exists to support indictment of an individual on a felony charge; the grand jury's decision to indict does not represent a conviction |
| Grant of immunity from prosecution | Grant by the government to and individual of freedom from prosecution on a particular charge in return for testimony by that individual that might otherwise be self-incriminating |
| exclusionary rule | Rule of law the evidence found in an illegal search or resulting from an illegally obtained confession may not be admitted at trial |
| Bail | Release of an accused person from custody in exchange for promise to appear at trail, guaranteed by money or property that is forfeited to court if defendant does not appear |
| Plea bargaining | Practice of allowing defendants to plead guilty to lesser crimes than those with which they were originally charged in return for reduced sentences |
| Writ of habeas corpus | Court order directing public officials who are holding a person in custody to bring the prisoner into court and explain the reasons for confinement; the right to habeas corpus is protected by Article I of the Constitution |
Created by:
Jobe
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