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POS 110
Chapter 16
27
Political Studies
Undergraduate 2
12/03/2007

Additional Political Studies Flashcards

 


 

Cards

Term
Bad tendency test
Definition
Rule from English law saying that expression could be punished if it could ultimately lead to illegal behavior.
Term
Balancing doctrine
Definition
The principle enunciated by the courts that freedom of speech must be balanced against other competing public interests at stake in particular circumstances.
Term

Civil liberties

Definition
Fundamental freedoms that together preserve the rights of a free people.
Term
Civil rights ammendments
Definition
The thirteenth, Fourteenth, and Fifteenth Ammendments, which abolished slavery, redefined civil rights and liberties, and guranteed the right to vote to all adult male citizens.
Term

Clear and present danger doctrine

Definition
The principle that people should have complete freedom of speech unless their language endangers the nation.
Term

Commercial speech

Definition
Advertising or other speech made for business purposes; may be regulated.
Term
Due process clause
Definition
Found in the Fifth and Fourteenth ammendments to the Constitution; forbids deprevation of life, liberty, or property without due process of law.
Term
Establishment of religion clause
Definition
Denies the government the power to establish any single religious practice as superior.
Term

Exclusionary rule

Definition
Legal standard that says that illegaly obtained evidence cannot be admitted in court.
Term
Fighting words doctrine
Definition
The principle, endorsed by the Supreme Court in Chaplinskey v. New Hampshire (1942), that some words constitute violent acts and are therefore not protected under the First ammendment.
Term
Free exercise of religion clause
Definition
Protects the right of individuals to practice their religion.
Term
Fundamental freedoms doctrine
Definition
Court doctrine stating that laws impinging on the freedoms that are fundamental to the preservation of democratic practice-the freedoms of speech, press, assembly, and religion- are to be scrutinized by the courts more closely than other legislation. These are also termed the preferred freedoms.
Term
Gideon v. Wainwright
Definition
Supreme Court decision in 1963 giving indigent people accused of crimes the right to court appointed counsel.
Term
Libel
Definition
False statement defaming another.
Term
Mapp v. Ohio
Definition
Supreme Court decision saying that any evidence obtained without a proper search warrant may not be introduced in a trial.
Term
Miranda v. Arizona
Definition

Supreme Court decision stating that accused persons must be told by police that they need not testify against themselves.

Term
Obscenity
Definition
Publicly offensive language or portrayals with no redeeming social value.
Term
Plea bargain
Definition
Agreement between prosecution and defense that the accused will admit having committed a crime, provided that other charges are dropped and reccomended sentence is shorter.
Term
Prior restraint doctrine
Definition
Legal doctrine that gives individuals the right to publish without prior restraint-that is, without first sumbitting material to a government censor.
Term
Public defender
Definition
Attorney whose full-time responsibilities are to provide for legal defense of indigent criminal suspects.
Term
Right of privacy
Definition
Right to keep free from government interferrence those apects of one's personal life that do not affect others.
Term
Selective incorporation
Definition
The case-by-case incorporation, by the courts, of the Bill of Rights into the due process clause of the Fourteenth amendment.
Term
Separation of church and state doctrine
Definition
The priciple that a wall should separate the government from religious activity.
Term
Sequester
Definition
To house jurors privately, away from any information other than that presented in the courtroom.
Term
Trial venue
Definition
Place where a trial is held.
Term
Tyranny of the majority
Definition
Stifling of dissent by those voted into power by the majority.
Term
Writ of habeas corpus
Definition
A judicial order that a prisoner be brought before a judge to determine the legality of his or her imprisonment.
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