civil liberties Flashcards

Terms Definitions
exclusionary rule
a standard promulgated by the Supreme court that prevents police and prosecutors from using evidence against a defendent that was obtained in an illegal search
civil liberties
freedom found primarily in the Bill of rights, enjoyment of which are protected from government interference
habeas corpus
the legal doctrine that a person who is arrested must have a timely hearing before a judge
bill of attainder
a government decree that a person is guilty of a crime that carries the death penaly, rendered without benefit of a trial
ex post facto law
a law that retroactively declares some action illegal
economic liberty
the right to own and use property
full faith and credit
the obligation under Article IV of the U.S. Constitution for each state to recognize the public acts, records, and judicial proceedings of every other state
contract clause
article 1 section 10, prohibits states from passing any law "imparing the obligations of contracts"
due process clause
14th amendment, prohibits states from depriving anyone of life liberty or property without "due process of law"
selective incorporation
gradual and piecmeal spread of protection of the Bill of rights to the states
privilledges and immunities clause
article IV section 2, citizens from out of state have the same legal rights as local citizens
nationalizing
process by which provisions of the Bill of Rights become incorported
incorporation
the process by which the S.C. has made most of the provisions of the Bill of Rights
ordinary scrutiny
the assumption that the actions of elected bodies and official are legal under the Constitution
strict scrutiny
the assumption that actions by elected bodies or oficals violate constitutional right s
prior restraint
the governmen's powr to prevent publication as opposed to punishment afterwards
obscenity
the representation of sexually explicit material in a manner that violates community standards and is wiithout redeeming social importance or value
free execise clause
1st amendment that prohibits congress from impending religous observance or impinging upon religious belief
establishent clause
1st amendment, prohibits congress from establishing an official religion,
probable cause
legal doctrine that refers to a reasonable belief that a crime has been committed
capital crime
any crime for w hich death is a possible penalty
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