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Ch. 14 Vocab. Gov.
| Term | Definition |
|---|---|
| incorporation | In constitutional law, the application of almost all of the bill of rights to the states and all of their subdivisions through the 14th amendment |
| Free exercise clause | Clause in the 1st amendment that prohibits government from redistricting religious beliefs and practices that do not harm society. |
| wall of separation 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. |
| clear and present danger doctorine | Standard used by the courts to determine whether speech may be restricted |
| preferred position | The tendency of the courts tp give preference to the first amendment |
| freedom of expression | the first amendment rights to free speech, press, and assembly |
| symbolic speech | Actions other than speech protected by the first amendment |
| commercial speech | advertising communications given partial protection under first amendment |
| prior restraint | Government actions to restrict publication of literature |
| shield laws | laws that give reporters the right to refuse to name their sources |
| taking clause | 5th amendment prohibition against government taking of private property |
| eminent domain | the action of a government to take property for public use with just compensation. |
| writ of habeas corpus | Court order directing public officials who are holding persons in custody to bring prisoner into court |
| bill of attainer | legislative act inflicting punishment without judicial trial |
| ex post facto law | retroactive criminal law that works against accused |
| search warrant | permits law enforcement to search a location |
| indictment | determination by grand jury that sufficient evidence exists to warrant trial of an individual |
| grand jury | jury that exists only to determine if evidence is sufficient to support indictment |
| grant of immunity from prosecution | grant by government to an individual of freedom from prosecution |
| exclusionary rule | evidence found in an illegal search may not be admitted in trial |
| bail | release of an accused person from custody |
| plea bargaining | allowing defendants to plead gulity |