Question 1

In 2002,the Supreme Court ruled that it was constitutional for a border patrol officer to stop a suspicious minivan given

Accepted Answer

The Supreme Court ruled that the stop was constitutional based on the "totality of the circumstances," meaning that the officer had reasonable suspicion to believe that the minivan was carrying illegal immigrants based on all the factors present at the time of the stop. The use of satellite or thermal imaging technology was not the sole basis for the decision.

Question 2

Due process rights are largely found in

Accepted Answer

The Bill of Rights (Amendments 1-10) contains most of the due process rights, including the right to a fair trial, the right to an attorney, and the right to be free from unreasonable searches and seizures.

Question 3

In Great Britain,handguns are

Accepted Answer

Handguns are illegal to own in Great Britain, with very few exceptions for certain professionals such as law enforcement officers.

Question 4

The Supreme Court has defined obscenity

Accepted Answer

The Supreme Court has defined obscenity differently over time, reflecting changes in societal norms and legal standards.

Question 5

Random drug testing of students

Accepted Answer

The U.S. Supreme Court has ruled that random drug testing of students, particularly athletes, does not violate the Constitution, as it serves the interest of preventing drug use among students.

Question 6

Public officials cannot sue for libel unless

Accepted Answer

Public officials must prove that the defamatory statement was made with actual malice, meaning that the person who made the statement knew it was false or acted with reckless disregard for the truth. This standard was established in the landmark Supreme Court case New York Times Co. v. Sullivan (1964).

Question 7

The Second Amendment was added to the Constitution to

Accepted Answer

The Second Amendment was added to the Constitution as a response to the fear of a standing army and to ensure that Congress could not disarm state militias which were seen as a necessary defense against tyranny. The amendment states, "the right of the people to keep and bear Arms, shall not be infringed," but it was not intended to guarantee unlimited individual gun ownership.

Question 8

The standard that illegally seized evidence cannot not be used at trial is known as the

Accepted Answer

The exclusionary rule is the legal principle that evidence obtained in violation of a defendant's constitutional rights cannot be used against them in a court of law. This standard is aimed at deterring police misconduct by excluding illegally seized evidence from trials.

Question 9

The Court formulated the clear and present danger test in

Accepted Answer

The clear and present danger test was formulated by the Supreme Court in Schenck v. U.S. (1919) to determine when limits could be placed on the First Amendment's guarantee of freedom of speech. The Court established that speech could be limited if it presented a clear and present danger of causing harm, such as inciting violence or creating a national security threat.

Question 10

Gideon v.Wainwright involved the issue of

Accepted Answer

Gideon v. Wainwright was a landmark U.S. Supreme Court case that established the right to counsel for criminal defendants. Specifically, the Court ruled that the Sixth Amendment's guarantee of counsel applies to state criminal defendants and that states must provide counsel for indigent defendants.

Question 11

The difference between libel and slander is that

Accepted Answer

Libel is written defamation, while slander is spoken defamation.

Question 12

Over the years,the U.S.Supreme Court has adopted a/an ________ approach when dealing with issues involving freedom of speech and of the press.

Accepted Answer

The answer of Over the years,the U.S.Supreme Court has adopted...

Question 13

The U.S.Supreme Court finally ruled that Congress could regulate internet pornography with the

Accepted Answer

The Protect Act, also known as the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act, was signed into law in 2003 and provided Congress with the authority to regulate internet pornography related to child exploitation. This ruling was made by the U.S. Supreme Court in 2004.

Question 14

A woman sells scarves to passersby on a busy city street during the week of Independence Day.Three months later,the city council passes a law making street vending illegal.Could the woman be found guilty of violating the new law?

Accepted Answer

An ex post facto law is a law that retroactively criminalizes conduct that was legal when it was committed. It is prohibited by the US Constitution, Article I, Section 9, Clause 3. Since the woman was vending before the law was passed, she cannot be charged with violating it.

Question 15

In Chaplinsky v.New Hampshire,the Supreme Court ruled that ________ was/were not protected by the First Amendment.

Accepted Answer

In Chaplinsky v. New Hampshire, the Supreme Court ruled that "fighting words" were not protected by the First Amendment. "Fighting words" are defined as words that by their very utterance inflict injury or tend to incite an immediate breach of the peace.

Question 16

The Alien and Sedition Acts were

Accepted Answer

The Alien and Sedition Acts were a series of four laws passed by the Federalist-controlled Congress in 1798. The Sedition Act specifically prohibited the publication of "any false, scandalous and malicious" writings against the government, including the President or members of Congress. This was an attempt to stifle criticism of the government and maintain Federalist control. The Alien Acts were designed to make it harder for immigrants to become citizens and possibly vote for the opposing Democratic-Republican party.

Question 17

If a person yells that there is a bomb on a bus when he knows that there isn't,his exclamation is not considered protected speech under

Accepted Answer

Schenck v. U.S. established the "clear and present danger" test, which allows for restrictions on speech that poses a significant threat to public safety, such as falsely yelling "bomb" on a bus.

Question 18

A warrantless search is permissible if

Accepted Answer

A warrantless search is permissible if consent is given by the person with authority over the area or item being searched.

Question 19

The Supreme Court first ruled that the First Amendment protected symbolic speech in

Accepted Answer

The Supreme Court first ruled that the First Amendment protected symbolic speech in Stromberg v. California in 1931.

Question 20

Warrantless searches are

Accepted Answer

Warrantless searches are not always unconstitutional, but they must meet certain circumstances. These circumstances include situations in which the individual being searched gives consent, or if law enforcement has probable cause to believe that evidence of a crime is being concealed on the premises. Additionally, warrantless searches may be permitted in emergency situations where time is of the essence and obtaining a warrant would not be practical. However, these circumstances are limited and must be analyzed on a case-by-case basis to determine if they meet the standards set by the Fourth Amendment.

Quiz 4: Civil Liberties