Deck 4: Civil Liberties and Public Policy

Question 1

What did Abington School District v.Schempp find to be unconstitutional?

A) state-mandated Bible recitations
B) forced sterilization
C) segregated education
D) imprisonment without a trial

Answer 1

A

Question 2

New York Times v.Sullivan held that there must be proof of which of the following in order to find libel against a public figure?

A) property loss
B) actual malice
C) witnesses
D) a written record

Answer 2

B

Question 3

When a defendant in a criminal case agrees to plead guilty in exchange for concessions from the prosecutor,the case has been resolved by what?

A) a civil trial
B) peremptory challenges
C) plea bargaining
D) the exclusionary rule

Answer 3

C

Question 4

The incorporation doctrine makes the protections of the Bill of Rights applicable to the states through which of the following amendments?

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

Question 5

What does the Sixth Amendment guarantee to those accused of a crime?

A) assistance of counsel
B) the right to parole
C) reasonable bail
D) a written indictment

Question 6

Gitlow v.New York,in which the Supreme Court held that freedom of speech and of the press are fundamental liberties protected by the Fourteenth Amendment from impairment by the states,began the development of the __________ doctrine.

A) eminent domain
B) free exercise
C) establishment
D) incorporation

Question 7

The Bill of Rights is made up of the first __________ amendments to the U.S.Constitution.

A) three
B) five
C) seven
D) ten

Question 8

Freedom of assembly is guaranteed by which constitutional amendment?

A) First
B) Second
C) Third
D) Fourth

Question 9

Which rule bars the use of illegally seized evidence at trial?

A) double jeopardy
B) right to pay
C) prior restraint
D) exclusionary

Question 10

In 2008,in Boumediene v.Bush,the Supreme Court ruled that detainees have a right to which of the following?

A) a bill of attainder
B) the assistance of counsel
C) equal protection
D) habeas corpus

Question 11

The Fourth Amendment of the Constitution protects against unreasonable __________.

A) litigation
B) limits on free speech
C) searches
D) prior restraint

Question 12

The free exercise clause states that the national government will not interfere with which of the following?

A) education
B) business
C) speech
D) religion

Question 13

Which U.S.Supreme Court case found that a woman's right to have an abortion is protected by the implied constitutional right to privacy?

A) Planned Parenthood of Southeastern Pennsylvania v. Casey
B) Lawrence v. Texas
C) New York Times v. Sullivan
D) Roe v. Wade

Question 14

A false and malicious written statement could be considered __________; the same statement spoken aloud could be considered __________.

A) slander; defamation
B) slander; libel
C) libel; defamation
D) libel; slander

Question 15

In Roth v.United States,the U.S.Supreme Court held that material must be utterly without social importance in order to be considered __________.

A) illegal
B) obscene
C) hate speech
D) fighting words

Question 16

According to Roe v.Wade,what could a state do if it wanted to limit a woman's right to an abortion during her first trimester?

A) The state could do very little to limit a woman's right to an abortion.
B) The state could regulate it if the mother's life were in danger.
C) The state could ban the abortion unless the mother's life was in danger.
D) The state could ban it.

Question 17

Which amendment protects the right to bear arms?

A) Second
B) Third
C) Fourth
D) Fifth

Question 18

Which clause prevents the national government from sanctioning an official religion?

A) establishment
B) free exercise
C) full faith and credit
D) equal protection

Question 19

Which of the following generally is unconstitutional in school?

A) hate speech
B) learning about religion
C) free speech
D) mandatory prayer

Question 20

Since the Supreme Court upheld the constitutionality of the death penalty in Gregg v.Georgia,how many people have been executed in the United States?

A) 6
B) 1,100
C) 2,900
D) 12,400

Question 21

Which of the following created the right to privacy?

A) the judiciary
B) the bureaucracy
C) the president
D) the legislature

Question 22

Which test examines the constitutionality of religious establishment issues?

A) Orange
B) Lemon
C) Free Exercise
D) Prior Restraint

Question 23

The USA Patriot Act enhances the government's ability to do which of the following?

A) examine private records
B) take personal property
C) imprison citizens without trial
D) issue pardons for those accused of war crimes

Question 24

Opponents of the death penalty have argued that it violates which amendment to the Constitution?

A) Fifth
B) Eighth
C) Tenth
D) Fourteenth

Question 25

Miranda rights require that the police inform suspects of which of the following rights?

A) a phone call
B) due process
C) a jury trial
D) counsel

Question 26

The Supreme Court has used incorporation to __________ the authority of states.

A) protect
B) limit
C) expand
D) enforce

Question 27

The Supreme Court has ruled that states can limit abortions if the regulations do not pose which of the following?

A) an inconvenient truth
B) any additional constraints
C) a prior restraint
D) an undue burden

Question 28

The double jeopardy clause prevents an individual who is acquitted of a crime from which of the following?

A) seeking the assistance of an attorney
B) being tried again for the same crime
C) asserting innocence
D) benefiting financially from that crime

Question 29

Which Supreme Court case developed the exclusionary rule?

A) Parker v. Gideon
B) New York Times v. Sullivan
C) Mapp v. Ohio
D) Wolf v. Colorado

Question 30

In the 1960s,the Supreme Court aroused the wrath of many Americans with rulings like that in Engel v.Vitale regarding which controversial religious issue?

A) displays of religious symbols on government buildings
B) teaching of evolution in school
C) displays of religious symbols during holidays
D) recitation of prayer and Bible passages in school

Question 31

Which amendment has been interpreted by the Supreme Court as prohibiting coerced confessions and entrapment?

A) First
B) Second
C) Fifth
D) Eighth

Question 32

Near v.Minnesota was a landmark Supreme Court case involving which of the following?

A) exclusionary rule
B) due process clause
C) prior restraint
D) free exercise clause

Question 33

Which Supreme Court case upheld an individual's right to have a gun in his or her home for self-defense?

A) Griswold v. Connecticut
B) Gideon v. Wainwright
C) Miranda v. Arizona
D) D.C. v. Heller

Question 34

The doctrine of prior restraint says that the government cannot prevent speech or publication __________.

A) that is critical of the government
B) that is illegal
C) after the fact
D) before the fact

Question 35

The USA Patriot Act allows the government to __________.

A) read documents sent via the mail
B) collect blood and saliva samples
C) spy on American citizens more easily
D) make audio recordings at all private residences that receive public utilities

Question 36

In Zelman v.Simmons-Harris,the Supreme Court ruled that a state program providing families with vouchers could be used to __________.

A) pay tuition at religious schools
B) get birth control
C) attend the doctor
D) receive free or reduced price meals

Question 37

If a police officer has a reasonable belief that someone is engaged in criminal activity,that officer can stop and frisk the suspect __________.

A) only if that person gives consent
B) only if the officer plans to arrest that person
C) without getting a warrant
D) only if there are three witnesses

Question 38

The Supreme Court addressed the constitutionality of a Connecticut law that prohibited the use of contraception by relying on the implied right to __________.

A) sexual freedom
B) family
C) commerce
D) privacy

Question 39

The Fourth Amendment protects citizens from which of the following?

A) double jeopardy
B) unreasonable search and seizure
C) self-incrimination
D) trials without a jury

Question 40

In Barron v.Baltimore,the Supreme Court held that the Bill of Rights limits __________,not __________,activity.

A) federal; state
B) state; federal
C) commercial; noncommercial
D) noncommercial; commercial

Question 41

The Supreme Court has interpreted the Fourteenth Amendment to mean that most of the protections in the Bill of Rights apply to the states.

Question 42

Slander is a false written statement that defames the character of a person.

Question 43

The exclusionary rule prohibits police from using illegally seized evidence at trial.

Question 44

The Military Commissions Act of 2006 was ruled unconstitutional because it violated detainees' rights to __________.

A) an appeal
B) habeas corpus
C) bills of attainder
D) motions for summary judgment

Question 45

In the decades since the Miranda v.Arizona decision,the Supreme Court has sometimes deemphasized or made exceptions to its requirements.

Question 46

After Gideon v.Wainwright,the Sixth Amendment has been interpreted to guarantee a right to counsel to criminal defendants regardless of the accused's ability to pay.

Question 47

In Engel v.Vitale,the Supreme Court found it unconstitutional to require schoolchildren to do which of the following?

A) pray
B) take standardized tests
C) be bused
D) desegregate

Question 48

Which of the following would most likely be considered obscene under the Roth test?

A) child pornography
B) nude images
C) pornography
D) profane language

Question 49

Prior restraint requires prosecutors to offer a "reasonably sound" plea bargain before holding a trial.

Question 50

Writs of habeas corpus are laws declaring an act illegal without a judicial trial.

Question 51

Americans are more tolerant of the free speech rights of religious extremists than are people in other democracies with developed economies.

Question 52

Which of the following best represents the reasoning used by the Supreme Court in Church of the Lukumi Babalu Aye,Inc.v.City of Hialeah,in which the Court overturned a city ordinance prohibiting the ritual killing of animals as part of religious ceremonies?

A) Any law banning a religious practice must be passed at the state level, not at the local level.
B) People must be free to practice their religion, no matter what it involves.
C) A government that permits other forms of killing animals may not ban sacrifices.
D) The establishment clause prevents the city from having such an ordinance.

Question 53

Which of the following rights has the Supreme Court found to be one of the penumbras of unstated liberties linked to explicitly stated rights?

A) right to marry
B) right to travel
C) right to vote
D) right to privacy

Question 54

During World War I,the Supreme Court upheld the conviction of Charles T.Schenck,ruling that government can limit speech that __________.

A) is critical of the government
B) is a prior restraint
C) creates a clear and present danger
D) qualifies as hate speech

Question 55

The 2008 amendments to the Foreign Intelligence Surveillance Act allow government officials to use broad warrants for surveillance of which of the following?

A) text messages on employer-paid devices
B) locations of automobiles
C) the communications of foreign suspects
D) the hard drives of personal computers and laptops

Question 56

Prohibiting a newspaper from publishing a story critical of the government is an example of __________.

A) probable cause
B) prior restraint
C) the Roth test
D) symbolic speech

Question 57

All juries in the United States have 12 jurors.

Question 58

Commercial speech is regulated to the same extent as political or religious speech.

Question 59

Which of the following statements best expresses the outcome of conflicts between civil liberties in the United States?

A) When individuals or groups attempt to express themselves and the government tries to constrain them, the individuals or groups will usually win.
B) Individuals and groups must be prepared to make sacrifices so that government can protect civil liberties.
C) Because civil liberties are essential to democracy, the majority's wishes must take the front seat in any debate involving civil liberties.
D) Individuals or groups are free to express themselves in any way they wish; the government cannot constrain or otherwise restrict them.

Question 60

Which of the following Supreme Court cases demonstrates how reluctant the courts are to exercise prior restraint even when national security issues are involved?

A) Barron v. Baltimore
B) Roe v. Wade
C) Near v. Minnesota
D) New York Times v. United States

Question 61

One part of the __________ test asks whether the law has a legitimate secular purpose.

Question 62

The Supreme Court has interpreted the __________ Amendment to protect an individual's right to own a firearm for self-defense.

Question 63

Prior restraint is a constitutional doctrine that prevents the government from prohibiting __________ before the fact.

Question 64

In Abington School District v.Schempp,the Court ruled that state-mandated Bible readings were constitutional under the free exercise clause.

Question 65

Under Roe v.Wade,a woman could legally seek a(n)__________ without restriction during her first trimester.

Question 66

Wearing armbands,burning flags,and marching in parades are examples of __________ speech.

Question 67

Yelling "Fire!" in a crowded theater is a classic example of speech that creates a __________.

Question 68

The Supreme Court has made most of the provisions in the Bill of Rights applicable to the states using the __________ doctrine.

Question 69

The free exercise clause means that the government will not interfere with the practice of religion.

Question 70

__________ rights include the right to remain silent.

Question 71

In the 1970s,the Supreme Court suspended __________ because it was being imposed arbitrarily.After states made their laws and practices less arbitrary,it was later reinstated.

Question 72

Most developed countries use some form of the death penalty.

Question 73

The USA Patriot Act provided the government with broad new powers to engage in wiretapping and surveillance of suspected terrorists.

Question 74

The __________ rule states that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner.

Question 75

A knowingly false and malicious article accusing Barack Obama of being a drug addict in order to defame his character is an example of __________.

Question 76

In Zelman v.Simmons-Harris,the Supreme Court upheld a program that provided some families in Cleveland,Ohio,with __________ they could use to pay tuition at religious schools.

Question 77

What is hate speech? What have the courts said about whether it can be restricted?

Question 78

Planned Parenthood v.Casey held that a state could limit abortions as long as the regulation did not pose an undue burden on pregnant women.

Question 79

Burning the American flag as a political protest is constitutionally protected symbolic speech.

Question 80

An early effort to define __________ focused on whether the material had any serious literary,artistic,political,or scientific value.