Deck 5: Civil Liberties

Question 1

_______ are the limits on government that allow people to freely exercise their rights.

A) Civil liberties
B) Civil rights
C) Selective incorporations
D) Civil controls

Answer 1

A

Question 2

According to the text, we always weigh the rights of individuals against the concerns and _______ of the community.

A) safety
B) morals
C) preferences
D) standard of living

Answer 2

A

Question 3

Civil _______ require government action to help secure individual rights.

A) rights
B) liberties
C) freedoms
D) laws

Answer 3

A

Question 4

Civil _______ restrict government action to protect individual rights.

A) rights
B) liberties
C) freedoms
D) laws

Question 5

Initially, the Supreme Court _______ the requirement for students to recite the Pledge of Allegiance, even if it violated some students' faith.

A) upheld
B) failed to address
C) overturned
D) rejected

Question 6

Initially, the Bill of Rights protected against violations of citizens' rights by _______ government(s).

A) state
B) national
C) state and national
D) state and local

Question 7

The Barron v. Baltimore case demonstrates the selective incorporation of what civil liberty?

A) Seizure of property
B) Search and seizure
C) Right to bear arms
D) Free-exercise clause

Question 8

_______ incorporation is defined as extending protections from the Bill of Rights to the state governments, one right at a time.

A) Concurrent
B) Majority
C) Selective
D) Applicable

Question 9

The Fourteenth Amendment is often the basis for what process?

A) Concurrent incorporation
B) Majority incorporation
C) Applicable incorporation
D) Selective incorporation

Question 10

10) The Fourteenth Amendment is known as the _______ clause.

A) due process
B) clear and present danger
C) free-exercise
D) necessary and proper

Question 11

In what year did the Supreme Court make a classic statement about civil liberties?

A) 1940
B) 1941
C) 1943
D) None of these

Question 12

What case provides for the selective incorporation of the free exercise of religion?

A) Miranda v. Arizona
B) Benton v. Maryland
C) Cantwell v. Connecticut
D) Powell v. Alabama

Question 13

What case provides for the selective incorporation of the right to free speech?

A) Miranda v. Arizona
B) Benton v. Maryland
C) Gitlow v. New York
D) Powell v. Alabama

Question 14

What case provides for the selective incorporation of the right to remain silent?

A) Miranda v. Arizona
B) Benton v. Maryland
C) Gitlow v. New York
D) Powell v. Alabama

Question 15

What case provides for the selective incorporation of the right to counsel in criminal trial?

A) Miranda v. Arizona
B) Gideon v. Wainwright
C) Gitlow v. New York
D) Powell v. Alabama

Question 16

Which of the following rights is not found in the Constitution or the Bill of Rights?

A) Right to bear arms
B) Right to privacy
C) Right against cruel and unusual punishment
D) Right to free speech

Question 17

Which Supreme Court case granted women a right to contraceptives?

A) Griswold v. Connecticut
B) Gideon v. Wainwright
C) Gitlow v. New York
D) Powell v. Alabama

Question 18

Which Supreme Court case established a woman's right to choose?

A) Gideon v. Wainwright
B) Roe v. Wade
C) Gitlow v. New York
D) Powell v. Alabama

Question 19

Roe v. Wade overturned a(n) _______ law banning abortion.

A) Texas
B) South Carolina
C) Alabama
D) Mississippi

Question 20

In what year was the Roe v. Wade decision rendered?

A) 1982
B) 1973
C) 1994
D) 1984

Question 21

In 1980, the Supreme Court _______ a congressional ban on federal funding for abortions.

A) accepted
B) overturned
C) did not address in its ruling
D) remanded

Question 22

With the Planned Parenthood v. Casey decision, the Supreme Court left much discretion in abortion laws to _______, so long as the laws did not go against the Roe decision.

A) State governments
B) The federal government
C) Local governments
D) None of these

Question 23

The Planned Parenthood v. Casey decision established a judicial _______, a guiding principle that helps governments make judgment calls.

A) standard
B) rule
C) opinion
D) regulation

Question 24

A judicial _______, which sets a hard-and-fast boundary, can be found in the Roe v. Wade case.

A) standard
B) rule
C) opinion
D) regulation

Question 25

The state that passed the law struck down by Roe v. Wade was

A) Oklahoma.
B) California.
C) Texas.
D) Arkansas.

Question 26

What right did the Lawrence v. Texas case address?

A) Privacy
B) Right to bear arms
C) Free exercise of religion
D) Cruel and unusual punishment

Question 27

Which case relates to same-sex couples?

A) Gideon v. Wainwright
B) Lawrence v. Texas
C) Gitlow v. New York
D) Powell v. Alabama

Question 28

Which of the following is not one of the clauses relating to freedom of religion?

A) Free exercise
B) Necessary and proper
C) Establishment
D) None of these

Question 29

Where are the rights to freedom of religion set forth?

A) First Amendment
B) Second Amendment
C) Eighth and Ninth Amendments
D) Fourth Amendment

Question 30

Which clause says that government may not interfere in religious practice?

A) Free exercise
B) Necessary and proper
C) Establishment
D) None of these

Question 31

Which president called for a "wall of separation" between church and state?

A) Jefferson
B) Washington
C) Adams
D) Lincoln

Question 32

The wall of separation permitting religious freedoms relates to which clause?

A) Free exercise
B) Necessary and proper
C) Establishment
D) None of these

Question 33

Which Supreme Court case held that starting the school day with a prayer violated the establishment clause?

A) Williams v. Ohio
B) Engel v. Vitale
C) Lemon v. Kurtzman
D) None of these; the Court ruled the practice constitutional

Question 34

The _______ case set a test for judging what government actions are permissible in terms of the establishment clause.

A) Lemon
B) Engel
C) Williams
D) Miranda

Question 35

Which of the following is not part of the Lemon test?

A) Secular purpose
B) Neither advancing nor inhibiting religion
C) Not excessively entangling government in religion
D) None; these are all parts of the Lemon test

Question 36

Which of the following does not violate the freedom of religion?

A) Children reciting "under God" during the Pledge of Allegiance
B) Prayer at graduation
C) Public school minute of silent prayer or meditation
D) Christmas displays with secular as well as religious displays

Question 37

Which faith has been predominant in the United States since its founding?

A) Catholicism
B) Judaism
C) Islam
D) No predominant religion

Question 38

The Lemon test is an example of what perspective on judging violations of the establishment clause?

A) Accommodation
B) Strict separation
C) Strict entanglement
D) None of these

Question 39

Which test applies to the free exercise clause?

A) Lemon
B) Engel
C) Sherbert
D) Miranda

Question 40

In the Sherbert case, the Supreme Court ruled that denying unemployment benefits to someone who was fired for refusing to work on Saturdays for religious reasons was

A) Constitutional
B) Unconstitutional
C) The right thing to do
D) None of these

Question 41

Which Supreme Court case replaced the Sherbert test with a neutrality test?

A) Lawrence v. Texas
B) Employment Division v. Smith
C) Miranda v. Arizona
D) Ohio v. Smith

Question 42

_______ speech is hostile speech based on someone's personal characteristics.

A) First-degree
B) Second-degree
C) Culturally insensitive
D) Hate

Question 43

When the right to speak out clashes with other rights, such as the right of minorities to be protected from abusive language, free speech usually

A) wins.
B) loses.
C) ties.
D) is not considered.

Question 44

In which amendment is the right to free speech guaranteed?

A) First
B) Third
C) Sixth
D) Seventh

Question 45

Freedom of speech holds _______ position among rights.

A) an ambiguous
B) a subsidiary
C) a preferred
D) no particular

Question 46

The Alien and Sedition Acts relate to which individual freedom?

A) Freedom of speech
B) Freedom of religion
C) Freedom against unreasonable search and seizure
D) Freedom from quartering of troops

Question 47

Under what president were the Alien and Sedition Acts passed?

A) Lincoln
B) Jefferson
C) Washington
D) John Adams

Question 48

What test was the result of the Schenck v. United States case?

A) Necessary and proper test
B) Clear and present danger test
C) Constitutional determination of legitimacy test
D) None of these

Question 49

Which Supreme Court justice articulated the clear and present danger test?

A) Holmes
B) Roberts
C) Warren
D) O'Connor

Question 50

The clear and present danger test applies to which civil liberty?

A) Right to free speech
B) Right to bear arms
C) Right against cruel and unusual punishment
D) Right to a grand jury

Question 51

The _______ test says that speech is not protected if officials believe that the speech will lead to a prohibited action, such as violence or terrorism.

A) necessary and proper
B) clear and present danger
C) constitutional determination of legitimacy
D) imminent lawless action

Question 52

Which of the following is not a form of protected symbolic speech?

A) Burning the flag
B) Carrying banners advocating drugs at schools
C) Wearing armbands to school
D) Burning a cross to express views

Question 53

What war was the basis for the Tinker decision?

A) Vietnam
B) Korean
C) World War I
D) World War II

Question 54

The Nixon administration's attempt to stop publication of the Pentagon Papers demonstrates what principle involving freedom of the press?

A) Prior restraint
B) Prior constraint
C) Reactive restraint
D) Reactive constraint

Question 55

What Supreme Court case formed the basis for the obscenity test used in regulating free speech?

A) Mapp v. Ohio
B) Miller v. California
C) Engel v. Vitale
D) Michigan v. Jones

Question 56

How many of the three characteristics for judging obscene speech must be met in order for the speech to be declared obscene?

A) At least one
B) At least two
C) All three
D) None

Question 57

Spoken untruths or falsehoods that are not protected speech (except when made against public officials) are defined as which of the following?

A) Libel
B) Slander
C) Both libel and slander
D) None of these

Question 58

Written untruths or falsehoods that are not protected speech (except when made against public officials) are defined as which of the following?

A) Libel
B) Slander
C) Both libel and slander
D) None of these

Question 59

It is generally _______ to prove slander or libel when derogatory statements are made against a public official compared with when such statements are made against an average citizen.

A) less difficult
B) more difficult
C) equally difficult
D) not difficult

Question 60

For slanderous or libelous statements made against a public official, what must be proved?

A) Knowledge
B) Malice
C) Poor fact checking
D) None of these

Question 61

In what amendment is the right to bear arms specified?

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

Question 62

Which was involved in a 2008 Supreme Court decision that struck down a rule restricting gun ownership?

A) Illinois
B) Virginia
C) District of Columbia
D) South Carolina

Question 63

What case provided for the extension of the Second Amendment to lower-level governments?

A) McDonald v. Chicago
B) District of Columbia v. Heller
C) Michigan v. Arnold
D) Mapp v. Ohio

Question 64

Which amendment does not apply to the rights of the accused?

A) Fourth
B) Fifth
C) Seventh
D) Eighth

Question 65

Relating to the rights of the accused, the courts are generally moving away from individual protections and toward _______ law enforcement powers.

A) enhanced
B) unlimited
C) neutral
D) varied

Question 66

How many people were executed in the United States in 2019?

A) 19
B) 20
C) 21
D) 22

Question 67

Which case provides the foundation for the exclusionary rule?

A) Mapp v. Ohio
B) Miranda v. Arizona
C) Lawrence v. Texas
D) Roe v. Wade

Question 68

To which amendment does the exclusionary rule relate most prominently?

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

Question 69

The _______ rule says that evidence obtained in an illegal search may not be introduced in a trial.

A) exclusionary
B) limited approach
C) limited inclusion
D) false pretense

Question 70

Out of which case did the exclusionary rule emerge?

A) Roe v. Wade
B) Griswold v. Connecticut
C) Baron v. Baltimore
D) Mapp v. Ohio

Question 71

The Fourth Amendment is generally described as prohibiting

A) Trials without attorneys
B) Reading of rights long after arrest
C) Unlawful search and seizure
D) None of these

Question 72

Which amendment relates to the rights of individuals at trials?

A) Fourth
B) Fifth
C) Seventh
D) Ninth

Question 73

A citizen's right to indictment by a grand jury is found in what amendment?

A) Fourth
B) Fifth
C) Seventh
D) Ninth

Question 74

Which kind of jury does not decide on guilt or innocence but decides only whether there is enough evidence for the case to go to trial?

A) Grand jury
B) Arraignment jury
C) Civil jury
D) None of these

Question 75

The O.J. Simpson case demonstrates the principle that a person can be tried twice for the same crime, once in criminal court and once in civil court. Since these were separate proceedings, they did not violate which principle of the Fifth Amendment?

A) First past the post
B) Miranda indictment
C) Double jeopardy
D) Mapp indictment

Question 76

"You have the right to remain silent" is a famous introduction to what warnings, based on the Supreme Court's interpretation of the Fifth Amendment?

A) Miranda
B) Mapp
C) Lawrence
D) Engale

Question 77

Based on the Miranda decision, what is the result when a police officer acquires evidence before reading the Miranda warnings to the suspect?

A) The evidence always can be admitted in court.
B) The evidence sometimes can be admitted in court.
C) The evidence cannot be admitted in court.
D) None of the answer choices is correct.

Question 78

The right to an attorney in felony cases is based on what amendment?

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

Question 79

Originally, the right to an attorney applied only to what kind of case?

A) Civil
B) Capital
C) Felony
D) Misdemeanor and above

Question 80

Which case granted citizens the right to an attorney in all felony cases?

A) Gideon v. Wainwright
B) Powell v. Alabama
C) Lawrence v. Texas
D) Jones v. Ohio