Key Legal and Constitutional Terms

Due process

• Established rules and regulations that restrain government officials.

• A method for expediting legal proceedings.

• A guideline for government spending.

• A principle that allows for arbitrary detention.

Women’s suffrage

• The right of women to vote.

• A movement for women's education.

• A campaign for women's employment rights.

• A law prohibiting women's participation in politics.

Fighting words

• Words that provoke a strong emotional response but do not incite violence.

• Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence.

• Words that are used in a friendly manner to encourage others.

• Words that are legally protected under free speech.

Affirmative action

• Remedial action designed to overcome the effects of discrimination against minorities and women.

• A policy that promotes equal opportunity in education and employment for all individuals.

• A strategy to eliminate all forms of discrimination in society.

• A program that provides financial assistance to underprivileged students.

Equal protection clause

• A clause in the First Amendment that protects freedom of speech.

• A clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws.

• A clause in the Fifth Amendment that allows for double jeopardy.

• A clause in the Eighth Amendment that prohibits cruel and unusual punishment.

Obscenity

• Quality or state of a work that appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and lacks serious literary, artistic, political, or scientific value.

• A legal term that refers to any material that is considered offensive or disgusting by societal standards.

• A form of artistic expression that is celebrated for its boldness and creativity.

• A type of literature that is primarily focused on moral and ethical teachings.

Prior restraint

• Censorship imposed after a speech is made or a newspaper is published; usually presumed to be constitutional.

• Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional.

• A legal requirement for journalists to disclose their sources before publishing.

• A form of censorship that allows for unlimited freedom of speech.

Substantive due process

• A constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the government may do.

• A legal principle that allows governments to impose any law without restrictions.

• A requirement that all laws must be approved by the Supreme Court before they can be enacted.

• A doctrine that ensures all citizens have equal access to legal representation.

Double jeopardy

• Trial or punishment for the same crime by the same government; forbidden by the Constitution.

• A legal principle that allows a person to be tried twice for the same crime.

• A situation where a defendant can appeal a verdict multiple times.

• A law that permits multiple charges for different crimes committed in a single act.

Due process clause

• Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.

• A provision in the Constitution that allows the government to take private property for public use without compensation.

• A legal principle that requires courts to follow established rules and precedents when making decisions.

• A clause that guarantees the right to a fair trial and legal representation in criminal cases.