Deck 4: Civil Liberties

Question 1

Besavia, a European country, has recently passed a law that supports the propagation of the Protestant religion. The law encourages the establishment of churches and makes it compulsory for people to practice Protestantism. It also criminalizes the practice of other religions. If this were to happen in the U.S., the law would be illegal due to the violation of the _____ to the Constitution.

A) Second Amendment
B) Third Amendment
C) First Amendment
D) Eighth Amendment
E) Tenth Amendment

Answer 1

C

Question 2

Which of the following statements is true of the due process clause?

A) It is set out in the Third Amendment to the Constitution.
B) It has two aspects, procedural and substantive.
C) It states that Congress is the ultimate interpreter of the Constitution.
D) It protects the rights of the majority over that of the minority.
E) It includes two clauses, the establishment clause and the free exercise clause.

Answer 2

B

Question 3

The Supreme Court was particularly active during the 1960s in broadening its interpretation of _____ to ensure that states and localities could not infringe on civil liberties protected by the Bill of Rights.

A) the writ of certiorari
B) the writ of habeas corpus
C) ex post facto laws
D) the due process clause
E) bills of attainder

Answer 3

D

Question 4

_____ are legal and constitutional rights that protect citizens from government actions.

A) Executive privileges
B) Emergency powers
C) Vetoes
D) Ordinance powers
E) Civil liberties

Question 5

The right to refuse to quarter soldiers was guaranteed by the _____ to the U.S. Constitution.

A) Fifth Amendment
B) Sixth Amendment
C) Third Amendment
D) Tenth Amendment
E) Ninth Amendment

Question 6

The Supreme Court upheld the view that the Bill of Rights did not apply to state laws in _____.

A) Barron v. Baltimore (1833)
B) Gitlow v. New York (1925)
C) Everson v. Board of Education (1947)
D) Mapp v. Ohio (1961)
E) McDonald v. Chicago (2010)

Question 7

Many of the civil liberties of U.S. citizens were added to the Constitution by the _____, which was ratified in 1791.

A) ex post facto law
B) writ of habeas corpus
C) Bill of Rights
D) bill of attainder
E) Atlantic Charter

Question 8

A law that limits a fundamental right will be held to violate substantive due process, unless:

A) it promotes the interests of the majority over those of the minority.
B) it is an ex post facto law passed by Congress.
C) it allows noncitizens to freely practice their fundamental rights.
D) it promotes a compelling or overriding state interest.
E) it is declared during times of monetary recession.

Question 9

The Constitution prohibits Congress from passing _____.

A) the Bill of Rights
B) private members' bills
C) the writ of habeas corpus
D) the Miranda warnings
E) ex post facto laws

Question 10

Citizens of Wichand, an Asian country, have to be extremely careful when speaking about their government. According to the country's laws, any citizen found criticizing the government either verbally or in written can be prosecuted on charges of violating a national law. If this were to happen in the United States, it would be a violation of the citizens' _____.

A) vetoes
B) ordinance powers
C) emergency powers
D) executive privileges
E) civil liberties

Question 11

Which of the following statements is true of the writ of habeas corpus ?

A) It does not require a prisoner to be presented in the court during a court hearing.
B) It is not available to citizens during times of rebellion.
C) It allows a criminal to be punished directly without a trial.
D) It punishes individuals for committing an act that was legal when it was committed.
E) It may be overruled at the discretion of Congress and the state legislatures.

Question 12

In the Engel v. Vitale (1962) case, the Supreme Court:

A) ruled that the Regents' prayer for public schools in New York was constitutional because the prayer was nondenominational.
B) ruled that the State Board of Regents in New York had acted unconstitutionally by composing a prayer to be used in public school classrooms at the start of each day.
C) ruled that the Ten Commandments be posted in all public schools.
D) held that public schools are barred from discussing religious movements.
E) upheld an Alabama law authorizing a daily one-minute period of silence for meditation and voluntary prayer.

Question 13

_____ specify that the government must ensure equal protection under the law for all Americans.

A) Civil rights
B) The Miranda rights
C) Ex post facto laws
D) Bills of attainder
E) Civil liberties

Question 14

Simon, a respected high school teacher, has a cousin who is infamous for his criminal activities. When Bob, a police officer, gets an alert about an absconding bank robber in the area where Simon lives, Bob raids Simon's house without a warrant. He conducts a thorough search of Simon's home for clues related to the robbery and the missing money, but he does not find anything against Simon. In this scenario, Bob has violated the _____ to the Constitution.

A) Third Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Eighth Amendment
E) Tenth Amendment

Question 15

An assumption regarding the Bill of Rights that was held by the courts for many years was that:

A) the Bill of Rights protected the rights of the majority over that of the minority.
B) Congress has the final say when there is a disagreement over the interpretation of the Bill of Rights.
C) the scope of the Bill of Rights was limited to the actions of the national government.
D) political leaders and state ministers were the sole beneficiaries of the provisions of the Bill of Rights.
E) the Bill of Rights did not reserve powers to the U.S. states.

Question 16

Which of the following rights is guaranteed by the Sixth Amendment to the Constitution?

A) The right to keepand bear arms
B) The right to be protected against unreasonable searches and seizures
C) The right to oppose excessive fines and unusual punishments
D) The right to a speedy and public trial
E) The right to practice any religion

Question 17

President Thomas Jefferson wanted _____ to be a "wall of separation between church and state."

A) the supremacy clause of Article VI
B) the reserved powers clause of the Tenth Amendment
C) the establishment clause of the First Amendment
D) the preferred-position doctrine
E) the Supreme Court

Question 18

The _____ prohibits Congress from passing laws "respecting an establishment of religion, or prohibiting the free exercise thereof."

A) First Amendment
B) Fourth Amendment
C) Sixth Amendment
D) Ninth Amendment
E) Tenth Amendment

Question 19

Which of the following is a requirement of the due process clause?

A) It requires that states ban the right of common man to bear arms.
B) It requires that Congress be the ultimate interpreter of the Constitution.
C) It requires that citizens form associations to safeguard and sustain their interests and welfare.
D) It requires that state governments protect their citizens' rights.
E) It requires that states make laws that abridge the immunities of citizens of the United States.

Question 20

The first eight amendments to the U.S. Constitution:

A) reserve certain rights and powers to people and to U.S. states.
B) grant specific rights and liberties to people.
C) allow the states to negotiate treaties with foreign countries.
D) grant states the power to establish courts to protect the rights of their citizens.
E) establish the executive and legislative powers of the President.

Question 21

Which of the following statements is true of seditious speech?

A) It refers to a true statement that holds a person up for ridicule.
B) It urges resistance to lawful authority such as the government.
C) It involves publishing false information about a common man.
D) It lacks serious literary, artistic, political, or scientific value.
E) It seeks to harm the reputation of common people.

Question 22

Which of the following is a requirement for a state's school aid to a parochial school to be deemed constitutional?

A) The aid must be used for textbooks of certain secular subjects.
B) The primary effect of the aid must inhibit religion.
C) The purpose of the financial aid must be clearly religious.
D) The aid must avoid excessive government involvement in religion.
E) The aid must be used for funding salaries of teachers of secular courses.

Question 23

In the landmark 1965 case of _____, the Supreme Court held that the right to privacy is implied by other rights guaranteed in the First, Third, Fourth, Fifth, and Ninth Amendments.

A) Reynolds v. United States
B) Roe v. Wade
C) Griswold v. Connecticut
D) Lemon v. Kurtzman
E) Miller v. California

Question 24

In the context of the freedom of religion, the Supreme Court has ruled that:

A) the right to hold a belief is relative and subject to question by authority.
B) public schools, which are agencies of government, cannot sponsor religious activities.
C) religious beliefs are superior to the law and take precedence over constitutional laws.
D) both public and private schools are barred from teaching about religion.
E) individuals cannot pray, when and as they choose, in schools or in any other place.

Question 25

Which of the following statements is true of the freedom of expression under the First Amendment?

A) The First Amendment does not protect any form of commercial speech.
B) The Supreme Court allows prior restraint of speech in all cases.
C) All forms of expressions are protected under the First Amendment.
D) The First Amendment does not protect symbolic speech.
E) The Supreme Court can impose limits on speech to maintain public order.

Question 26

Which of the following is a criterion to prove slander?

A) The statements must be published in a national daily.
B) The statements made must be true.
C) The statements must be only against government officials.
D) The statements must not result in actual harm.
E) The statements must stem from an intent to do harm.

Question 27

Which of the following is a requirement for a state's school aid to a parochial school to be deemed constitutional?

A) The purpose of the financial aid must be clearly secular.
B) The primary effect of the aid must inhibit religion.
C) The aid must demonstrate the active involvement of the sovereign in religious activity.
D) The aid must be solely used to fund the salaries of teachers of secular courses.
E) The aid must be used for textbooks and instructional materials of certain secular subjects.

Question 28

Which of the following statements is true of the right to refuse medical treatment under the free exercise clause of the First Amendment?

A) Parents are not allowed to opt-out of vaccinations for their children for religious reasons.
B) Parents have the right to refuse treatment for their children without worrying about any violations of law.
C) All U.S. states prohibit adults and children from refusing medical treatment.
D) The refusal by a parent to allow lifesaving treatments for a child can be considered a serious crime.
E) Vaccination is mandatory in all states for all children attending private schools.

Question 29

Which of the following statements is true of the free exercise clause of the First Amendment?

A) It allows the government to give financial aid to parochial schools for religious purposes.
B) The Supreme Court has ruled that religious doctrines are superior to the law.
C) It allows the government to control and influence the religious beliefs of individuals.
D) The Supreme Court has ruled consistently that the right to hold any belief is absolute.
E) It states that the right to practice one's beliefs is absolute and cannot be restricted.

Question 30

Which of the following statements is true of the bad tendency test?

A) It tested whether a state's aid to public schools was constitutional.
B) It tested whether the restriction on free speech under the Sedition Act was constitutional.
C) It was established to check the involvement of the government in religious matters.
D) It propagated that people cannot denounce the religious beliefs of others.
E) It removed all restrictions on speech and made the right to free speech absolute.

Question 31

George studies in a private institution. Because he comes from a low-income family, his parents use educational certificates provided by the state government to pay for George's educational expenses. In the given scenario, George's parents are most likely using a(n) _____.

A) categorical grant
B) tuition tax credit program
C) scholarship tax credit program
D) school voucher
E) institutional rebate

Question 32

Which of the following statements is true of the preferred-position doctrine?

A) It states that freedom of speech can be restricted only when it is directed against lawful authority.
B) It holds that speech can be restricted if it is likely to interfere with government interests.
C) It is aimed at checking the involvement of the government in religious matters.
D) It holds that people cannot denounce the religious beliefs of others based on their own preferred religious positions.
E) It states that certain freedoms are so essential to a democracy that they hold a preferred position.

Question 33

In the _____ case, the Supreme Court held that the "right to privacy . . . is broad enough to encompass a woman's decision whether or not to terminate her pregnancy," subject to certain regulations.

A) Roe v. Wade (1973)
B) Miller v. California (1973)
C) Gideon v. Wainwright (1963)
D) Griswold v. Connecticut (1965)
E) Miranda v. Arizona (1966)

Question 34

The District of Columbia and twelve other states have _____, under which some schoolchildren may attend private elementary or high schools using educational certificates paid for by taxpayers' dollars.

A) categorical grant programs
B) limited voucher programs
C) scholarship tax credit programs
D) concession programs
E) tuition tax credit programs

Question 35

Which of the following is a criterion for a work to be ruled obscene?

A) It must be in the written or printed form.
B) It must advocate the violent overthrowing of the government.
C) It must have serious political or scientific value.
D) It must interfere with government interests.
E) It must offensively depict prohibited sexual conduct.

Question 36

Which of the following statements is true of commercial speech?

A) It is protected by the Fifth Amendment.
B) It can be restricted even if the restriction does not advance any government interest.
C) It receives relatively more protection than ordinary speech.
D) It is protected by the First Amendment, but not as fully as regular speech.
E) It cannot be restricted by the government under any condition.

Question 37

Identify a true statement about prior restraint.

A) The Supreme Court has mostly ruled in favor of prior restraint by stating that the government can curb ideas to protect its interests.
B) Acts of prior restraint are considered unconstitutional as they contradict the free exercise clause of the First Amendment.
C) Prior restraint involves the removal of objectionable materials from an item before it is published or broadcast.
D) For a case of prior restraint to hold, a particular utterance should be intended to hurt another person.
E) For a case of prior restraint to hold, a particular content should excite unwholesome sexual desire.

Question 38

TR News publishes a story about a state governor's son having allegedly smuggled narcotics across the national border. Upon reading the news, the governor develops health complications. Investigations reveal that the governor's son is innocent and all charges are, therefore, dropped. However, the governor feels that he can collect damages from TR News for having published the story against his son. In this scenario, the governor can sue TR News for _____.

A) hate speech
B) slander
C) libel
D) obscenity
E) battery

Question 39

Under the _____, expression could be restricted if it would cause a critical condition, actual or imminent, that Congress had the power to prevent.

A) clear and present danger test
B) Lemon test
C) preferred-position doctrine
D) Miranda warnings
E) exclusionary rule

Question 40

For a work to be ruled obscene, it must:

A) interfere with government interests.
B) advocate the violent overthrowing of the government.
C) violate an individual's right to privacy.
D) be construed as harassment or disparagement based on race.
E) lack serious literary, artistic, political, or scientific value.

Question 41

Andrew, a police officer, forcefully enters the house of Farooq and starts searching the place without a warrant. Andrew does so because he saw Farooq near the bank where the burglary took place. In this case, Andrew has violated the Fourth Amendment of the Constitution.

Question 42

Barry and Micah are enthusiasts of mixed martial arts. They regularly tape their sessions and post them online. On one such occasion, they are arrested and charged for posting videos of their fights on social networking sites. During court proceedings, backed by an efficient legal advisor, Barry uses his right to remain silent. In this scenario, Barry cannot be made to provide testimony against himself due to:

A) the due process clause.
B) the exclusionary rule.
C) the ex post facto law.
D) protection against self-incrimination.
E) prohibition against double jeopardy.

Question 43

The Miranda warnings inform criminal suspects of their fundamental duties on their arrest.

Question 44

The National Security Agency's cloud computing program was:

A) designed to control the government's access to personal information on American citizens.
B) initially developed to monitor transactions in banks.
C) initially developed to monitor phone calls in U.S. prisons.
D) designed to collect personal data from the servers of multiple corporations.
E) set up to tackle the menace of online harassment.

Question 45

_____ is defined as the cause for believing that there is a substantial likelihood that a person has committed or is about to commit a crime.

A) Probable cause
B) Exclusionary cause
C) Self-incrimination
D) Double jeopardy
E) Visionary cause

Question 46

Ryan, an international football player, posts an old video of him playing football on BeFriend, a social media site. One of Ryan's followers on the site mocks him for his poor performance in his recent matches. Incensed by the jibe, Ryan retorts on the Internet with hateful comments based on the person's appearance. Ryan even tries to frame the person as mentally challenged by posting his morphed pictures online. The follower feels mentally harassed by this and starts having personality complexes. In this scenario, Ryan can be convicted of _____.

A) online terrorism
B) cyberbullying
C) sedition
D) prior restraint
E) revenge porn

Question 47

Which of the following is true of the provisions under the Sixth Amendment?

A) The Sixth Amendment provides that a person can be required to testify against himself or herself.
B) The Sixth Amendment prohibits excessive bail and fines and unusual punishments.
C) The Sixth Amendment provides that no warrant for a search or an arrest can be issued without probable cause.
D) The Sixth Amendment guarantees a speedy trial, a trial by jury, a public trial, and the right to confront witnesses.
E) The Sixth Amendment offers protection from unreasonable searches and seizures.

Question 48

Identify a true statement about the USA Patriot Act of 2001.

A) It allows an American citizen to request copies of information about him or her contained in government files.
B) It prevents states from disclosing or selling a person's personal information without the person's consent.
C) It allows the government to access personal information on American citizens to an extent never before allowed.
D) It seeks to control the National Security Agency's collection of metadata on domestic phone calls.
E) It supports the protection, enhancement, and wise use of a person's personal information.

Question 49

In the context of the rights of criminal defendants, the Fifth Amendment:

A) provides that no warrant for a search or an arrest be issued without probable cause.
B) guarantees a speedy trial, a trial by jury, a public trial, and the right to confront witnesses.
C) includes the constitutional protection against self-incrimination.
D) offers protection from unreasonable searches and seizures.
E) provides that a person can be required to testify against himself or herself.

Question 50

In the context of the practice of euthanasia, in 1997, the Supreme Court:

A) held that euthanasia is one of the civil liberties protected by the Constitution.
B) held that state laws permitting assisted suicide were unconstitutional.
C) held that state laws banning physician-assisted suicide are inherently unconstitutional.
D) upheld the states' rights to ban assisted suicide or mercy killing.
E) denounced the states' rights to ban the practice of assisted suicide.

Question 51

The concept of intelligent design posits that an undirected process such as natural selection lies behind the creation and development of the universe and living things.

Question 52

The Miranda warnings were established in 1973 by the Supreme Court in a landmark decision in Miranda v. Mexico City.

Question 53

Which of the following statements is true of the exclusionary rule?

A) It allows police personnel to arrest anyone who opposes the government without a warrant.
B) It protects the constitutional rights spelled out in the First Amendment.
C) It forces law enforcement personnel to gather evidence properly.
D) It was extended to state court proceedings in 1985.
E) It makes illegally obtained evidence admissible in court.

Question 54

In 2000, the Supreme Court invalidated a Nebraska statute banning partial-birth abortions, a procedure used during the second trimester of pregnancy.

Question 55

Sean, a middle-aged unemployed man, is accused of the assault and murder of an old woman. Despite being found at the crime scene with the murder weapon, the police officer in charge warns Sean that he has the right to remain silent and that anything he says can be used against him. In this case, the police officer is reading Sean _____.

A) his civic duties
B) his fundamental duties
C) the preferred-position doctrine
D) his Miranda rights
E) the Lemon test requirements

Question 56

AM Daily, a news channel, broadcasts a report that states that a young man, Elvis, is accused of brutally assaulting his girlfriend, Sherry. Elvis pleads guilty and the prosecutors offer him a deal which he accepts. The incident is declared a homicide a few days later as Sherry dies due to the wounds inflicted during the assault. In this scenario, Elvis cannot be tried for murder due to:

A) the due process clause.
B) the exclusionary rule.
C) the ex post facto law.
D) protection against self-incrimination.
E) prohibition against double jeopardy.

Question 57

Which of the following statements is true of the Freedom of Information Act of 1966?

A) It protects the privacy rights of individuals.
B) It prevents states from disclosing or selling a driver's personal information without the driver's consent.
C) It protects the privacy of medical information.
D) It restricts government disclosure of data to third parties.
E) It supports the protection, enhancement, and wise use of a person's personal information.

Question 58

Bob posted sexually explicit photographs of his former partner on BeFriend, a social media site, to harass her. He even included her name and address in the post to ensure her mental harassment. In this scenario, Bob can be convicted of _____.

A) online terrorism
B) spamming
C) sedition
D) prior restraint
E) revenge porn

Question 59

The constitutional protection against _____ is the basis for a criminal suspect's "right to remain silent" in criminal proceedings.

A) mistrial
B) detention
C) probation
D) self-incrimination
E) double jeopardy

Question 60

The _____ is responsible for authorizing searches by the National Security Agency (NSA) and other intelligence agencies.

A) Foreign International Switching Center
B) Foreign Intelligence Surveillance Court
C) International Information Service Centre
D) International Court of Justice
E) United Intelligence Taskforce

Question 61

In June 2015, Republican libertarians united with left-leaning Democrats in an attempt to place limits on the activities of the National Security Agency. This resulted in the creation of the _________.

A) USA Freedom Act
B) USA Privacy Act
C) Mayflower Compact
D) Bill of Rights

Question 62

Stopping an activity before it actually happens is known as _________.

A) prior restraint
B) libel
C) slander
D) double jeopardy

Question 63

According to the _________ to the U.S. Constitution, each state has the right to maintain a volunteer armed force.

A) Second Amendment
B) Seventh Amendment
C) Ninth Amendment
D) Tenth Amendment

Question 64

Is the right to free speech absolute? What are the types of speech that receive no protection under the First Amendment?

Question 65

Describe some of the laws and programs that were created after the terrorist attacks of September 11, 2001 and how they infringe on Americans' privacy rights. How has the USA Freedom Act of 2015 worked toward limiting the discretion of these laws and programs?

Question 66

Why do criminal suspects have rights? Discuss some of the constitutional safeguards for criminal defendants set forth in the Bill of Rights.

Question 67

Four decades after the Supreme Court's decision in Roe v. Wade (1973), abortion remains a controversial issue. How has the Court ruled in cases involving legislative restrictions on abortion?

Question 68

According to some scholars, recording all custodial interrogations would satisfy the _________ prohibition against coercion and in the process render the Miranda warnings unnecessary.

A) Sixth Amendment's
B) First Amendment's
C) Tenth Amendment's
D) Fifth Amendment's

Question 69

The _________, which essentially states that illegally obtained evidence is not admissible in court, was extended to state court proceedings in 1961.

A) exclusionary rule
B) Miranda warning
C) supremacy clause
D) establishment clause

Question 70

In the 1963 case of _________, the Supreme Court held that if a person is accused of a felony and cannot afford an attorney, an attorney must be made available to the accused person at the government's expense.

A) Roe v. Wade
B) Gideon v. Wainwright
C) Griswold v. Connecticut
D) California v. Miller

Question 71

In the United States, private organizations-such as Facebook-are not bound by the _________.

A) First Amendment
B) Second Amendment
C) Sixth Amendment
D) Tenth Amendment

Question 72

The reserved powers of the U.S. states are derived from the _________.

A) Second Amendment
B) Seventh Amendment
C) Ninth Amendment
D) Tenth Amendment

Question 73

What are the requirements stated by the Lemon test for a state's school aid to be constitutional?

Question 74

The practice of posting online sexually explicit photographs or videos of a former partner is called _________.

A) sedition
B) prostitution
C) phishing
D) revenge porn

Question 75

The Miranda warnings were created by the Supreme Court in the year _________.

A) 1920
B) 1880
C) 1966
D) 1850