Deck 4: Civil Liberties
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Deck 4: Civil Liberties
1
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) Miranda v. Arizona
D) Roe v. Wade
A) Planned Parenthood of Southeastern Pennsylvania v. Casey
B) Lawrence v. Texas
C) Miranda v. Arizona
D) Roe v. Wade
D
2
In 2004,the Supreme Court ruled that detainees have a right to which of the following?
A) the assistance of counsel
B) equal protection
C) habeas corpus
D) a bill of attainder
A) the assistance of counsel
B) equal protection
C) habeas corpus
D) a bill of attainder
C
3
The Fourth Amendment of the Constitution protects against unreasonable __________.
A) litigation
B) limits on free speech
C) searches
D) prior restraint
A) litigation
B) limits on free speech
C) searches
D) prior restraint
C
4
Selective incorporation makes the protections in the Bill of Rights applicable to the states through which of the following amendments?
A) Fourth
B) Fifth
C) Tenth
D) Fourteenth
A) Fourth
B) Fifth
C) Tenth
D) Fourteenth
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5
Profanity,obscenity,and threats may constitute which of the following?
A) content neutrality
B) prior restraints
C) fighting words
D) censorship
A) content neutrality
B) prior restraints
C) fighting words
D) censorship
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6
Which of the constitutional amendments was the first to be incorporated and applied to the states?
A) Fourth
B) Fifth
C) First
D) Second
A) Fourth
B) Fifth
C) First
D) Second
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7
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
A) that is critical of the government
B) that is illegal
C) after the fact
D) before the fact
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8
Which rule bars the use of illegally seized evidence at trial?
A) double jeopardy
B) right to pay
C) prior restraint
D) exclusionary
A) double jeopardy
B) right to pay
C) prior restraint
D) exclusionary
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9
In Roth v.U.S.,the U.S.Supreme Court held that material must be utterly without social importance in order to be considered __________.
A) pornographic
B) obscene
C) hate speech
D) libel
A) pornographic
B) obscene
C) hate speech
D) libel
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10
A defamatory,false written statement is __________; the same statement spoken aloud is __________.
A) perjury; slander
B) slander; libel
C) illegal; legal
D) libel; slander
A) perjury; slander
B) slander; libel
C) illegal; legal
D) libel; slander
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11
Which amendment protects the right to bear arms?
A) Second
B) Third
C) Fourth
D) Fifth
A) Second
B) Third
C) Fourth
D) Fifth
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12
What did Abington School District v.Schempp find to be unconstitutional?
A) state-mandated Bible reading
B) forced sterilization
C) discrimination against homosexuals
D) imprisonment without a trial
A) state-mandated Bible reading
B) forced sterilization
C) discrimination against homosexuals
D) imprisonment without a trial
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13
Today,the United States is the only western country to use which of the following to punish crime?
A) victim impact statements
B) juries
C) recidivism
D) the death penalty
A) victim impact statements
B) juries
C) recidivism
D) the death penalty
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14
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
A) assistance of counsel
B) the right to parole
C) reasonable bail
D) a written indictment
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15
The Bill of Rights is made up of the first __________ amendments to the U.S.Constitution.
A) three
B) five
C) seven
D) ten
A) three
B) five
C) seven
D) ten
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16
Which clause prevents the national government from sanctioning an official religion?
A) establishment
B) free exercise
C) full faith and credit
D) equal protection
A) establishment
B) free exercise
C) full faith and credit
D) equal protection
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17
__________ make an act punishable as a crime even if the act was legal when it was committed.These are prohibited by Article I of the Constitution.
A) Writs of habeas corpus
B) Bills of attainder
C) Ex post facto laws
D) Prior restraints
A) Writs of habeas corpus
B) Bills of attainder
C) Ex post facto laws
D) Prior restraints
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18
Which of the following generally is unconstitutional in school?
A) hate speech
B) learning about religion
C) free speech
D) mandatory prayer
A) hate speech
B) learning about religion
C) free speech
D) mandatory prayer
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19
The free exercise clause guarantees that the national government will not interfere with which of the following?
A) education
B) religion
C) business
D) speech
A) education
B) religion
C) business
D) speech
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20
According to Justice Blackmun,a woman has an absolute right to __________.
A) an abortion during her first trimester
B) home and hearth
C) work without fear of discrimination
D) an abortion at any time during her pregnancy
A) an abortion during her first trimester
B) home and hearth
C) work without fear of discrimination
D) an abortion at any time during her pregnancy
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21
In which case did the Supreme Court first recognize the exclusionary rule,which bars the use of illegally seized evidence at trial?
A) Weeks v. U.S.
B) Gideon v. Wainwright
C) Furman v. Georgia
D) Griswold v. Connecticut
A) Weeks v. U.S.
B) Gideon v. Wainwright
C) Furman v. Georgia
D) Griswold v. Connecticut
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22
New York Times Co.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) an audience
D) a written record
A) property loss
B) actual malice
C) an audience
D) a written record
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23
In Near v.Minnesota,the Supreme Court further developed which of the following?
A) exclusionary rule
B) due process clause
C) incorporation doctrine
D) free exercise clause
A) exclusionary rule
B) due process clause
C) incorporation doctrine
D) free exercise clause
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24
The Sixth Amendment sets out basic requirements for which type of due process?
A) civil
B) substantive
C) criminal
D) procedural
A) civil
B) substantive
C) criminal
D) procedural
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25
In 2014,what did the Supreme Court decide about the use of prayers to open government meetings?
A) Such meetings can start with a prayer that does not favor one particular faith.
B) Such meetings can start with a prayer as long as it is led by a lay person.
C) Such meetings can start with a prayer even if it clearly favors one faith.
D) Such meetings cannot start with a prayer.
A) Such meetings can start with a prayer that does not favor one particular faith.
B) Such meetings can start with a prayer as long as it is led by a lay person.
C) Such meetings can start with a prayer even if it clearly favors one faith.
D) Such meetings cannot start with a prayer.
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26
The USA PATRIOT Act allows the government to collect __________.
A) documents sent via the mail
B) blood and saliva samples
C) the addressing information of citizens' communications
D) audio recordings of all private residences that receive public utilities
A) documents sent via the mail
B) blood and saliva samples
C) the addressing information of citizens' communications
D) audio recordings of all private residences that receive public utilities
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27
The Supreme Court briefly outlawed which of the following in the 1970s by asserting that it was being imposed in an arbitrary manner?
A) capital punishment
B) the exclusionary rule
C) access to court-appointed counsel
D) symbolic speech protection
A) capital punishment
B) the exclusionary rule
C) access to court-appointed counsel
D) symbolic speech protection
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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) going free
D) asserting innocence
A) seeking the assistance of an attorney
B) being tried again for the same crime
C) going free
D) asserting innocence
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29
The "right to remain silent" is a citizen's protection against which of the following?
A) governmental intrusion
B) search and seizure
C) self-incrimination
D) a biased jury
A) governmental intrusion
B) search and seizure
C) self-incrimination
D) a biased jury
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30
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 substantial inconvenience
C) a prior restraint
D) an undue burden
A) a bar to equal protection b substantial inconvenience
C) a prior restraint
D) an undue burden
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31
Which Supreme Court case is most closely associated with the exclusionary rule?
A) Parker v. Gideon
B) New York Times Co. v. Sullivan
C) Mapp v. Ohio
D) Wolf v. Colorado
A) Parker v. Gideon
B) New York Times Co. v. Sullivan
C) Mapp v. Ohio
D) Wolf v. Colorado
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32
Which of the following is an example of procedural due process?
A) the right to bear arms
B) the right to a speedy trial
C) the right to free speech
D) the right to practice religion
A) the right to bear arms
B) the right to a speedy trial
C) the right to free speech
D) the right to practice religion
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33
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
A) examine private records
B) take personal property
C) imprison citizens without trial
D) indict foreign enemies
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34
Which test examines the constitutionality of religious establishment issues?
A) Orange
B) Lemon
C) Free Exercise
D) Prior Restraint
A) Orange
B) Lemon
C) Free Exercise
D) Prior Restraint
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35
The Supreme Court has used selective incorporation to __________ the authority of states.
A) protect
B) limit
C) expand
D) define
A) protect
B) limit
C) expand
D) define
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36
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
A) a phone call
B) due process
C) a jury trial
D) counsel
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37
If a police officer has a reasonable belief that someone is committing or about to commit a crime,that officer can stop 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
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
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38
What type of due process protects citizens from arbitrary or unjust state or federal laws?
A) procedural
B) constitutional
C) substantive
D) prospective
A) procedural
B) constitutional
C) substantive
D) prospective
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39
Which Supreme Court case upheld the National Firearms Act,which imposed taxes on some kinds of weapons?
A) U.S. v. Miller
B) Gideon v. Wainwright
C) Miranda v. Arizona
D) Mapp v. Ohio
A) U.S. v. Miller
B) Gideon v. Wainwright
C) Miranda v. Arizona
D) Mapp v. Ohio
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40
What kind of speech is by its very utterance intended to inflict injury or incite an immediate breach of peace?
A) hate speech
B) symbolic speech
C) obscenity
D) fighting words
A) hate speech
B) symbolic speech
C) obscenity
D) fighting words
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41
Writs of habeas corpus are laws declaring an act illegal without a judicial trial.
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42
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
A) right to marry
B) right to travel
C) right to vote
D) right to privacy
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43
Convicted criminals cannot have their sentences increased when a new law calls for tougher penalties due to a prohibition against __________.
A) habeas corpus
B) ex post facto laws
C) bills of attainder
D) writs of certiorari
A) habeas corpus
B) ex post facto laws
C) bills of attainder
D) writs of certiorari
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44
The Supreme Court has interpreted the Fourteenth Amendment as ensuring that many of the protections in the Bill of Rights apply to the states.
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45
Which of the following is responsible for determining whether enough evidence exists to go to trial?
A) trial court
B) defense attorney
C) prosecutor
D) grand jury
A) trial court
B) defense attorney
C) prosecutor
D) grand jury
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46
The Military Commission 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
A) an appeal
B) habeas corpus
C) bills of attainder
D) motions for summary judgment
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47
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
A) federal; state
B) state; federal
C) commercial; noncommercial
D) noncommercial; commercial
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48
Slander is any false written statement that defames the character of a person.
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49
Which of the following best explains the rationale for the selective incorporation of freedom of assembly?
A) It is included in the Bill of Rights.
B) The framers intended for the state and federal governments to respect this right.
C) It is a fundamental freedom essential to order, liberty, and justice.
D) It is one of the implicit rights reserved to the people by the Tenth Amendment.
A) It is included in the Bill of Rights.
B) The framers intended for the state and federal governments to respect this right.
C) It is a fundamental freedom essential to order, liberty, and justice.
D) It is one of the implicit rights reserved to the people by the Tenth Amendment.
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50
During World War I,the Supreme Court upheld the Espionage Act by ruling that Congress has a right to restrict speech that __________.
A) is critical of the government
B) creates a clear and present danger
C) qualifies as hate speech
D) is symbolic
A) is critical of the government
B) creates a clear and present danger
C) qualifies as hate speech
D) is symbolic
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51
In Gitlow v.New York,the Supreme Court decided that __________.
A) hate speech is not a constitutionally protected form of speech
B) symbolic speech is not afforded the same protection as verbal speech
C) states must comply with the Constitution's free speech guarantee
D) obscenity is determined by applying traditional, national standards
A) hate speech is not a constitutionally protected form of speech
B) symbolic speech is not afforded the same protection as verbal speech
C) states must comply with the Constitution's free speech guarantee
D) obscenity is determined by applying traditional, national standards
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52
Which of the following created the right to privacy?
A) the judiciary
B) the bureaucracy
C) the president
D) the legislature
A) the judiciary
B) the bureaucracy
C) the president
D) the legislature
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53
Substantive due process means that states have a legal burden to prove that their laws __________.
A) are a valid exercise of power
B) improve the general well-being
C) do not inhibit or advance a particular religion
D) are consistent with behavioral norms
A) are a valid exercise of power
B) improve the general well-being
C) do not inhibit or advance a particular religion
D) are consistent with behavioral norms
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54
The constitutionally guaranteed right to bear arms was included because of colonists' distrust of standing armies.
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55
What is the likely effect of the Supreme Court's ruling in Burwell v.Hobby Lobby Stores?
A) The government will be able to read emails sent to foreign IP addresses.
B) It will be more difficult for women to access contraception.
C) Prisoners of war will no longer be detained at Guantanamo Bay.
D) Students will no longer be able to defer student loan payments while in graduate school.
A) The government will be able to read emails sent to foreign IP addresses.
B) It will be more difficult for women to access contraception.
C) Prisoners of war will no longer be detained at Guantanamo Bay.
D) Students will no longer be able to defer student loan payments while in graduate school.
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56
The Alien and Sedition Acts likely violated the Constitution's prohibitions against __________.
A) undemocratic speech
B) prior restraint
C) seditious speech
D) hate speech
A) undemocratic speech
B) prior restraint
C) seditious speech
D) hate speech
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57
The U.S.Supreme Court first interpreted the Constitution to include a right to privacy in the 1960s.
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58
While enemy combatants have a reduced right to habeas corpus,they have the same right to a jury trial as other accused criminals.
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59
Inciting a fight by using threats and profanity could be considered __________,which is not a protected type of speech.
A) hate speech
B) fighting words
C) obscenity
D) libel
A) hate speech
B) fighting words
C) obscenity
D) libel
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60
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
A) child pornography
B) nude images
C) pornography
D) profane language
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61
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.
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62
A knowingly false article accusing Barack Obama of being a drug addict in order to defame his character is an example of __________.
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63
The Supreme Court has interpreted the __________ Amendment to protect an individual's right to own a firearm for self-defense.
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64
Yelling "Fire!" in a crowded theater is a classic example of speech that creates a __________.
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65
__________ may involve profanity,obscenity,and threats.
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66
An early effort to define __________ focused on whether the material had any serious literary,artistic,political,or scientific value.
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67
In Abington School District v.Schempp,the Court ruled that state-sponsored Bible readings were constitutional under the free exercise clause as long as students could opt out.
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68
The exclusionary rule prohibits police from using illegally seized evidence at trial.
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69
One part of the __________ test asks whether the law has a legitimate secular purpose.
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70
__________ rights include the right to remain silent.
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71
The __________ Amendment ensures the right of a criminal defendant to confront witnesses at trial.
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72
Burning the American flag as a political protest is constitutionally protected symbolic speech.
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73
Prior to ratification of the U.S.Constitution,state constitutions provided little protection for personal liberties.
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74
Prior restraint is a constitutional doctrine that prevents the government from prohibiting __________ before the fact.
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75
The Roberts Court has vehemently enforced the rights identified in Miranda v.Arizona.
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76
The Supreme Court struck down anti-sodomy laws because they infringed on citizens' __________ rights.
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77
Most developed countries use some form of the death penalty.
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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.
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79
The free exercise clause states that the government will not interfere with the practice of religion.
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80
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.
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