Deck 2: Concept of Due Process

Question 1

The due process clause in the Fifth Amendment is considered as a restraint on the state criminal trials and the due process clause in the Fourteenth Amendment applies only to civil trials.

Answer 1

False

Question 2

Procedural due process refers to the means or methods by which an individual exercises his or her due process rights.

Answer 2

True

Question 3

The concept of due process is distinctly an American product.

Answer 3

False

Question 4

The first case to apply one of the guarantees of the Bill of Rights to the states was Hurtado v. California.

Question 5

The total incorporation approach was used by the Supreme Court between the years of 1947 to 1969.

Question 6

The selective approach accepts the premise from the fundamental rights approach that not all rights contained in the Bill of Rights are fundamental to due process.

Question 7

The "due process" clause of the Fourteenth Amendment provides additional protections other than those rights set forth in the Bill of Rights.

Question 8

Only laws that affect fundamental rights come within the purview of the substantive due process doctrine.

Question 9

The police power of a state refers to the power of the state to place restraints on the personal freedom and property rights of persons for the protection of the public safety, health, and morals.

Question 10

A city ordinance that prohibits people of certain nationality from living in one sector of the city is an example of the use of police power.

Question 11

A city ordinance that prohibits people of certain nationality from living in one sector of the city is an abridgement of a substantive due process right.

Question 12

Vague laws may trap the innocent by not providing fair warning as to what conduct is prohibited.

Question 13

The concept of equal protection of the law was first established by the Fourteenth Amendment.

Question 14

A Virginia statute which prohibited interracial marriages was a constitutionally proper exercise of the state's police power.

Question 15

A city ordinance that prohibited groups of young people from meeting in groups without any valid purpose is probably

A) constitutionally proper to prevent youth gangs.
B) a valid use of police power by a city.
C) unconstitutional because it violates the Fourth Amendment.
D) vague and unconstitutional.

Question 16

A California statute that made it unlawful for an adult male to have sexual intercourse with a female under the age of 18 is considered as a

A) valid exercise of the state's police power.
B) violation of the equal protection clause because it applies only to males.
C) violation of due process.
D) violation of the right of privacy.

Question 17

The equal protection clause of the Fourteenth Amendment

A) admits of a wide exercise of discretion.
B) only avoids a classification which is purely arbitrary or does not have a reasonable basis.
C) both a and b are correct.
D) All the above statements are incorrect.

Question 18

Procedural due process refers

A) to the right to a hearing
B) to the right to notice
C) to the right not to be subject to arbitrary or capricious action by a state.
D) to the means by which an individual exercises his or her due process rights.

Question 19

The following right, although required in federal criminal proceedings, has not been imposed on the states:

A) right to counsel
B) right to privacy
C) requirement for grand jury indictment in felony cases
D) right to a jury trial in cases involving felonies.

Question 20

The due process clause of the ____ Amendment has been construed to provide most of the Bill of Rights' protections to individuals involved in a state justice system.

A) Fourth
B) Fifth
C) Fourteenth
D) Eighteenth

Question 21

The concept of due process can be traced back to

A) English common law.
B) Colonial America.
C) the Warren Court.
D) the early Supreme Court cases.

Question 22

The first American cases involving the concept of due process was

A) Barron v. Baltimore.
B) Hurtado v. California.
C) Mapp v. Ohio.
D) the 1693 case of Sir Thomas Lawrence.

Question 23

First case in which the Supreme Court considered the relationship between the Fourteenth Amendment and the Bill of Rights was in the case of

A) Barron v. Baltimore.
B) Hurtado v. California.
C) Loving v. Virginia.
D) Chicago, Burlington, & Quincy R.R. v. Chicago.

Question 24

The first case to apply one of the guarantees of the Bill of Rights to the states was

A) Barron v. Baltimore.
B) Hurtado v. California.
C) Loving v. Virginia.
D) Chicago, Burlington, & Quincy R.R. v. Chicago.

Question 25

Explain the differences between the due process clauses in the Fifth and Fourteenth Amendments.

Question 26

Under what circumstances may a state exercise its police power?

Question 27

What is the present Supreme Court approach to the due process protections available to defendants in state criminal trials?

Question 28

What are the issues involved with vague statutes?

Question 29

What Fourth Amendment rights have been held to apply to the states?