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Bill of Rights Terms
terms taken from the amendments
24
History
12th Grade
10/26/2010

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Cards

Term
Wall of Separation
Definition
separation of church and state
Term
Establishment Clause
Definition
protects freedom of religion; prohibits the government from creating an official of established church, preferring one religion over another, or benefiting believers over another or benefitting believers instead of nonbelievers
Term
Free Exercise Clause
Definition
protects freedom of religion; prohibits government from interfering with the expression of religious beliefs, practices of religion is fine unless breaks law, right to have no religion at all
Term
Slander
Definition
defamation (hurting another person’s reputation by spreading falsehoods) using spoken words
Term
Libel
Definition
(hurting another person’s reputation by spreading falsehoods
defamation using written words
Term
Search Warrants
Definition
must have the place to be searched and persons or things to be seized (must be reasonable)
Term
Exclusionary Rule
Definition
when police conduct an illegal search any evidence seized during that search must be excluded in court
Term
Good Faith Exception
Definition
when officers believe that the search warrant they are executing is legal, they are acting in this sense and even evidence may be admitted in court even if the warrant is later discovered to be invalid on technical grounds
Term
Indictment of Grand Jury
Definition
not seen by most people, investigates a crime and formally charges someone with a crime
Term
No Double Jeopardy
Definition
once defendant has been acquitted, this amendment forbids trial from being tried again (no same instance of a crime)
Term
No Self Incrimination
Definition
defendant cannot be forced to testify against him/herself
Term
Substantive Due Process of Law
Definition
Supreme Court will examine the content of a law to determine whether it violates fundamental rights not specifically mentioned in the Constitution; conducted under fair laws
Term
Procedural Due Process of Law
Definition
requires the government to comply with certain standards in criminal cases beyond the rights specifically mentioned in the Bill of Rights, such as trial by jury
Term
Eminent Domain
Definition
limits the power of the government to take private property for public use unless they pay a fair amount
Term
Speedy and Public Trial
Definition
defendant must be brought to trial quickly and openly; though he himself may deny this right
Term
Petit Jury
Definition
group of 12 people who decide your innocence
Term
Habeas Corpus
Definition
writ that says you can’t put someone in jail without some evidence
Term
Counsel for Defense
Definition
guarantee that everyone gets a lawyer; most important because without it the defendant is unable to assert any other rights he has
Term
Jury Trial in Civil Cases
Definition
right to jury trial; those deciding between disputes between private parties over noncriminal matters, such as personal injuries or contracts
Term
Excessive Bail
Definition
prohibits excessive fines
Term
No Cruel & Unusual punishments-Death Penalty
Definition
does not specify what these are and must be proportional to the crime committed; death penalty applied only for the crime of murder
Term
Unenumerated Rights
Definition
the rights that are not listed in the Constitution—right to privacy
Term
Powers Reserved to the States
Definition
everything we didn't say falls to the States
Term
Due Process of Law
Definition
process that you are due as a citizen
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