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AP US GOV Chapter 4
AP GOV Review Chapter 4
17
Political Studies
12th Grade
01/18/2012

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Term
Civil Liberties
Definition
The legal constitutional protections against government. Although our cilvil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning.
Term
Bill of Rights
Definition
The first ten amendments to the US Constitution which define such basic liberties as freedom of religion speech and press and guarantee defendants' rights
Term
Establishment Clause
Definition
Part of the first amendment stating that "Congress shall make no law respecting an establishment of religion"
Term
Incorporation Doctrine
Definition
The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th amendment
Term
Free Exercise Clause
Definition
A first amendment provision that prohibits government from interfering with the practice of religion.
Term
Prior Restraint
Definition
A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the first amendment and as confirmed in the 1931 case of Near. v Minnesota
Term
Libel
Definition
The publication of false or malicious statements that damage someone's reputation/
Term
Symbolic Speech
Definition
Nonverbal communication such as burning a flag or wearing an armband. The supreme court has accorded some symbolic speech protection under the fifth amendment
Term
Commercial Speech
Definition
Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.
Term
Probable Cause
Definition
The situation occuring when the police have reason to believe that a person should be arrested. IN making the arrest police are allowed legally to search for and seie incriminating evidence.
Term
Unreasonable search and seizure
Definition
Obtaining evidence in a haphazard or random manner a practice prohibited by the fourth amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence.
Term
Search Warrant
Definition
A written authorization from a court specifying the area to be searched and what the police are searching for.
Term
Exclusionary Rule
Definition
The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained the rule prohibits use of evidence obtained through unreasonable search and seizure.
Term
Self-Incrimination
Definition
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The fifth amendment forbids self-incrimination.
Term
Plea Bargaining
Definition
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime
Term
Cruel and Unusual Punishment
Definition
COurt sentences prohibited by the 8th amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.
Term
Right to Privacy
Definition
The right to a private personal life free from the intrusion of government.
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