Due Process Vocab

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sedition

attempting to overthrow the govt by force (not protected by 1)

parochial

church related schools (1)

eminent domain

clause in the 5th amdt which allows govt to claim private property if they give just compensation or fair market value for the land

trial court

court that initially hears a case

capital punishment

death penalty

fourteenth amdt

defines citizenship and says states cannot deny any citizen due process or equal protection

citizenship member

enjoys rights of community and assumes duty of membership

dissenting opinion

explains decision of those justices that disagreed with majority ruling

majority opinion

explains ruling of supreme court case

slander

false use of spoken words (1)

amendment

formal, extremely rare change to laws of the constitution (article 5, 8th amdt)

shield laws

give reporters some protection against revealing sources (1)

prior restraint

govt cant curb ideas before they are expressed (1)

Appellate court

hears cases from lower courts

due process

judicial requirement that individuals must be treated fairly and reasonably in the proceedings of the law (5 and 6)

process of incorporation

most of the guarantees of the bill of rights are incorporated into the 14th amdt due process clause

fifth amdt

natl govt cant deny any citizen due process. also, a person accused of crime cannot be forced to testify against himself

picketing

patrolling business sites by workers who are on strike (1)

aliens

people who are not citizens

civil liberties

peoples freedoms- protects against govt (14)

oral argument

presentation after the brief has been submitted when the lawers argue their case

purview

range of authority of a particular institution

probable cause

reasonable belief that someone has committed a crime (4)

excessive entanglement

related to breakdown of separation of church and state (1)

free exercise clause

second part of 1st amdt guarantees freedom of religion

establishment clause

separates church and state (1)

brief

short written statement submitted by court to lawyers of lower court to build a case for their appeal

clear and present danger

test by supreme court to determine whether a potential danger exists that will likely cause a catastrophe of not immediately neutralized (1)


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