Deck 14: Civil Liberties

Question 1

What did the National Research Council conclude in its examination of the death penalty?

A)that the death penalty has no impact on the incidence of violent crime
B)that the costs associated with the death penalty outweigh the benefits
C)that the death penalty has a small,but significant deterrent effect
D)that the studies examining the death penalty's deterrent effect are flawed

Answer 1

D

Question 2

Which constitutional provisions ensure the protection of civil liberties?

A)Article I and the Fourteenth Amendment
B)the Bill of Rights and the Fourteenth Amendment
C)Article II and the Bill of Rights
D)the Bill of Rights and the Sixteenth Amendment

Answer 2

B

Question 3

Which of the following is a right specified in the original Constitution?

A)trial by jury in the national courts
B)freedom of speech
C)right to bear arms
D)freedom of assembly

Answer 3

A

Question 4

What did Mapp v.Ohio find to be unconstitutional?

A)illegally obtained evidence
B)segregated education
C)discrimination against homosexuals
D)imprisonment without a trial

Question 5

A false written statement is considered to be __________,while utterances that have the power to provoke individuals to acts of violence are considered __________.

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

Question 6

Which of the following is a consequence of selective incorporation?

A)It has led to restrictions on the right to bear arms.
B)It has given greater power to state governments.
C)It has given greater power to the national government.
D)It has led to restrictions on freedom of speech.

Question 7

In Miller v.California,the U.S.Supreme Court held that material must have a deficit of meaningful artistic,literary,political,or scientific worth to be
Considered __________.

A)obscene
B)hate speech
C)fighting words
D)a prior restraint

Question 8

How is an impartial jury defined?

A)as one that represents a fair cross section of the community
B)as one that reflects the defendant's race
C)as one that contains an equal number of men and women
D)as one that is agreed to by both the defendant's attorney and the prosecutor

Question 9

Where are due process rights located in the Constitution?

A)in the First and Fifth Amendments
B)in the Fifth and Fourteenth Amendments
C)in the Fifth and Ninth Amendments
D)in the Fourth,Fifth,and Ninth Amendments

Question 10

The Constitution protects against search of an individual's person,home,or vehicle without __________.

A)due process
B)permission
C)a warrant
D)compensation

Question 11

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

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

Question 12

Obscenity and fighting words are examples of which of the following?

A)hate speech
B)slander
C)unprotected speech
D)protected speech

Question 13

The __________ allows for the trial of enemy combatants before military commissions.

A)Sixth Amendment
B)Fourth Amendment
C)USA PATRIOT Act
D)Military Commissions Act

Question 14

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 15

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

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

Question 16

High school is one of only two places where which of the following is constitutional?

A)prayer
B)free speech
C)prior restraint
D)civil disobedience

Question 17

What was the Supreme Court's main purpose in adopting the exclusionary rule?

A)to allow for regulation of content on the Internet
B)to allow journalists to withhold information from grand juries
C)to protect individuals against self-incrimination
D)to remove any incentive for police misconduct

Question 18

A Christmas tree and nativity scene is displayed at the statehouse.Which Supreme Court justice would most likely object to this as a violation of the establishment clause?

A)Justice Thomas
B)Justice Scalia
C)former Chief Justice Rehnquist
D)former Justice O'Connor

Question 19

Under the "undue burden" test,the Supreme Court has allowed __________.

A)government funding of religious charities
B)states to require women to wait 24 hours before having an abortion
C)evidence contrary to the Miranda guidelines to be used in criminal cases
D)the federal government to hold suspected terrorists indefinitely

Question 20

Which amendment protects the right to bear arms?

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

Question 21

If a grand jury agrees that a trial is justified,its next step is to __________.

A)make an offer for a plea bargain
B)assign jurors to the case
C)issue an indictment
D)advice the defendant of Miranda guidelines

Question 22

Which Supreme Court case applied the exclusionary rule to the states?

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

Question 23

The "right to remain silent" is a citizen's protection against which of the following?

A)governmental intrusion
B)search and seizure
C)religious establishment
D)self-incrimination

Question 24

Miranda rights include the right to which of the following?

A)due process
B)a jury trial
C)freedom from search and seizure
D)counsel

Question 25

The right of the individual to contract,to acquire useful knowledge,and to marry are liberties that are expressly protected by which type of due process?

A)civil
B)substantive
C)criminal
D)procedural

Question 26

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

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

Question 27

Before 1990,the Supreme Court allowed government infringement on religious practices if __________.

A)such infringement reinforced the "wall of separation" between church and state
B)the law was not targeted at particular religious groups
C)the government had a compelling interest in doing so
D)the religious practices in question were widely condemned

Question 28

What type of jury privately hears evidence presented by the government to determine whether persons should be required to stand trial?

A)petit
B)private
C)secret
D)grand

Question 29

Which Supreme Court case upheld California's three felonies rule,which allowed a 25-years-to-life sentence for certain convictions?

A)Ewing v.California
B)Gideon v.Wainwright
D)Miller v.California
E)Allegheny v.ACLU

Question 30

The Supreme Court briefly outlawed which of the following in the 1970s due to concerns that it might violate the Eighth Amendment?

A)capital punishment
B)access to court-appointed counsel
C)symbolic speech protection
D)the exclusionary rule

Question 31

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)indict foreign enemies

Question 32

The USA PATRIOT Act expands an exception found in which amendment to allow spying?

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

Question 33

Approximately __________ percent of adults in the United States identify themselves as Christian.

A)37
B)55
C)79
D)90

Question 34

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

A)a bar to equal protection
B)a due process violation
C)a prior restraint
D)an undue burden

Question 35

In what year did the Supreme Court lift the moratorium on the death penalty?

A)1966
B)1963
C)1981
D)1976

Question 36

In Employment Division v.Smith,the Supreme Court altered the interpretation of which of the following?

A)the exclusionary rule
B)the due process clause
C)the free exercise clause
D)the incorporation doctrine

Question 37

Over the course of the early 2000s,the Supreme Court ruled that detainees have a right to which of the following?

A)due process
B)the assistance of counsel
C)equal protection
D)habeas corpus

Question 38

Which of the following is offered the least protection under the First Amendment freedom of speech?

A)beliefs
B)values
C)speech
D)actions

Question 39

Under the __________ test,the First Amendment forbids government practices that a reasonable observer would view as supporting religion.

A)nonpreferentialist
B)strict separation
C)Lemon
D)endorsement

Question 40

What type of due process protects citizens from arbitrary or unjust state or federal laws?

A)procedural
B)constitutional
C)substantive
D)individual

Question 41

The USA PATRIOT Act lowered requirements for which of these?

A)violation of free speech
B)warrant approval
C)prior restraint
D)civil disobedience

Question 42

What was the significance of the Supreme Court's decision in Miller v.California?

A)The Court developed the exclusionary rule.
B)The Court resolved debate over interpretation of the establishment clause.
C)The Court broadened the power of eminent domain.
D)The Court agreed to a constitutional definition of obscenity.

Question 43

Procedural due process limits __________,while substantive due process limits __________.

A)what the law is;how the law is applied
B)how the law is applied;what the law is
C)regulation of speech;regulation of action
D)infringement on civil liberties;infringement on civil rights

Question 44

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

A)media coverage
B)being tried again
C)asserting innocence
D)seeking the assistance of an attorney

Question 45

Convicted criminals whose sentences increase during their prison term due to a change in the law have been illegally subjected to what kind of law?

A)cruel and unusual
B)habeas corpus
C)ex post facto
D)bill of attainder

Question 46

When the government exercises the power of eminent domain,it must __________.

A)first get congressional approval
B)fairly compensate the property owner
C)demonstrate a compelling government interest
D)first pursue other policy alternatives

Question 47

What was Justice Potter Stewart referring to when he said,"I know it when I see it"?

A)regulatory taking
B)slander
C)obscenity
D)prior restraint

Question 48

Which of the following Supreme Court cases applied selective incorporation?

A)Barron v.Baltimore
B)Roe v.Wade
C)New York Times Co.v.Sullivan
D)Gitlow v.New York

Question 49

Efforts to regulate content on the Internet have been __________.

A)generally opposed by Congress
B)upheld by the Supreme Court
C)enormously popular
D)generally unsuccessful

Question 50

Which of the following would be permitted under the nonpreferentialist test?

A)government grants to a wide range of private religious charities
B)warrantless searches of individuals whom police suspect of committing crimes
C)government censorship of news stories related to national security matters
D)speech advocating the overthrow of the government

Question 51

Journalists generally support a right to withhold information from grand juries or legislative committees.What is their main argument?

A)This right is essential to protect reporters from self-incrimination.
B)This right is essential to maintain the independence of the press.
C)Without this right,reporters will not be able to get the information they need to keep the public informed.
D)Without this right,journalists will have no ability to shape the content of news stories.

Question 52

In recent years,the Supreme Court has struggled to address __________ on the Internet in a First Amendment context.

A)slander
B)libel
C)obscenity
D)fighting words

Question 53

The establishment clause was created,in part,as a reaction to which of these?

A)Native American principles
B)French civil law
C)the English legal system
D)Spanish jurisprudence

Question 54

Which type of speech has the Supreme Court given the highest level of protection?

A)commercial speech
B)fighting words
C)political speech
D)libel

Question 55

Under the bad tendency test,which of the following would be prohibited?

A)withholding of information from grand juries
B)speech advocating the use of illegal drugs
C)published defamation or false statements
D)government entanglement with religion

Question 56

Under what circumstance is a law regulating speech most likely to be upheld?

A)if the law targets profane language
B)if the law is viewpoint neutral
C)if the law does not require prior restraint
D)if the law avoids excessive government entanglement

Question 57

The __________ test was used through the 1950s by the Supreme Court to determine what types of speech should be constitutionally protected.

A)clear and present danger
B)bad tendency
C)preferred position
D)prior restraint

Question 58

How did the Supreme Court's decision in Kelo v.City of New London broaden the power of eminent domain?

A)by expanding eminent domain to environmental regulations
B)by including takings in which the title is left in the owner's name
C)by extending the power of eminent domain to the states
D)by including economic development as a public use

Question 59

In the most recent case of selective incorporation in 2010,the Supreme Court applied the __________ to the states.

A)First Amendment right to free speech
B)First Amendment right to religious freedom
C)Fifth Amendment rights of the accused
D)Second Amendment right to bear arms

Question 60

A four-letter profanity worn on a sweatshirt would be considered __________.

A)hate speech
B)fighting words
C)obscenity
D)protected speech

Question 61

The free exercise clause guarantees that the government will not interfere with individuals' right to hold particular beliefs.

Question 62

Though the Supreme Court has resisted striking down the __________,critics wonder why alleged criminals should be freed simply due to police misconduct or error.

Question 63

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

Question 64

Most developed countries use some form of the death penalty.

Question 65

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

Question 66

After Gideon v.Wainwright,the Sixth Amendment has been interpreted to guarantee a right to counsel to all criminal defendants,regardless of indigence.

Question 67

The Constitution explicitly protects the right to privacy.

Question 68

State restrictions on handguns and other arms are now subject to strict constitutional review.

Question 69

The preferred position doctrine holds that First Amendment freedoms should only be abridged with great reluctance.

Question 70

__________ speech includes libel,obscenity,and fighting words.

Question 71

One prong of the __________ test is that the law has a legitimate secular purpose.

Question 72

The Supreme Court has held that any restrictions on access to abortion are unconstitutional.

Question 73

A petit jury decides if a defendant is found guilty in a civil or criminal action.

Question 74

The Fourteenth Amendment suggests that the protections in the Bill of Rights could be interpreted as applying to the states.

Question 75

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

Question 76

In Terry v.Ohio (1968),the Supreme Court upheld a(n)__________ exception to the warrant requirement when officers believe someone is armed and dangerous.

Question 77

Under the First Amendment,all forms of speech and expression are permitted.

Question 78

There are two kinds of due process that serve as restraints on government's exercise of power: procedural and __________.

Question 79

In Griswold v.Connecticut,the Court ruled that a Georgia sodomy law is constitutional under the free exercise clause.

Question 80

Commercial speech is constitutionally protected.