Deck 4: Civil Liberties

Question 1

In Near v. Minnesota, the Supreme Court included free speech under what?

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

Answer 1

due process clause

Question 2

Which constitutional clause(s) require(s) a government to use fair procedures before punishing a citizen?

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

Answer 2

due process

Question 3

Which chief justice wrote the opinion in Barron v. Baltimore limiting the protections of the Bill of Rights to action by the federal government?

A) Roberts
B) Marshall
C) Burger
D) Taft

Answer 3

Marshall

Question 4

The Supreme Court found that requiring Hobby Lobby to provide employee medical insurance that pays for contraceptives __________.

A) does not violate the family-owned company's first amendment rights under the Religious Freedom Restoration Act
B) violates the family-owned company's religious protections under the Religious Freedom Restoration Act
C) does not violate the family-owned company's constitutional right to privacy
D) violates the family-owned company's statutory right to privacy

Question 5

Which of the following Supreme Court cases applied incorporation?

A) Barron v. Baltimore
B) Roe v. Wade
C) Dred Scott v. Sandford
D) McDonald v. Chicago

Question 6

Which of the following describes the test some legislators and lawyers urge judges to use in religious practices cases that would place the burden on the government to prove that the necessity of a specific law outweighs an individual's desire to engage in a religious practice?

A) Lemon
B) strict scrutiny
C) establishment
D) free exercise

Question 7

Government support for certain religious programs or religious practices is permitted under which approach to the establishment clause?

A) separationist
B) strict constructionist
C) judicial activist
D) accommodationist

Question 8

Under a strict separationist view of the establishment clause, government __________.

A) must avoid using government money for religious programs and must prohibit display of religious items on public property
B) may allow some religious displays or practices in schools or public places, as long as it does not finance them
C) may sponsor certain religious programs such as rehabilitation programs in prison
D) may financially support certain religious programs such as those teaching math and science

Question 9

One prong of the Lemon test is whether the law has a __________ purpose.

A) secular
B) religious
C) judicial activist
D) creationist

Question 10

How does the Lemon test examine the constitutionality of religious establishment issues?

A) It determines whether the law has a nonreligious purpose.
B) It assesses whether prayer is required.
C) It mandates public display of the Ten Commandments.
D) It establishes a creation science/evolutionary theory curriculum.

Question 11

In Citizens United v. Federal Election Commission, the Supreme Court held that which of the following should be treated like people in terms of campaign spending?

A) corporations
B) churches
C) banks
D) political parties

Question 12

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

A) selective incorporation
B) fighting words
C) a clear and present danger
D) direct incitement

Question 13

Which if true regarding libel and slander?

A) Libel is defamatory speech, but slander is not.
B) Both are protected under freedom of speech.
C) Slander creates a clear and present danger, but libel does not.
D) Both are forms of defamatory communication.

Question 14

In __________, the Supreme Court demonstrated that many judges will require exceptionally compelling proof before exercising censorship, even in cases involving national security issues.

A) New York Times Co. v. United States
B) Gideon v. Wainwright
C) Roth v. United States
D) Miller v. California

Question 15

In Near v. Minnesota, the Supreme Court issued a strong statement regarding which of the following?

A) exclusionary rule
B) prior restraint
C) libel
D) full faith and credit

Question 16

The reporter's privilege is best described by which of the following?

A) News reporters are free to be as critical of the government as they desire.
B) News reporters can editorialize and fabricate information like all other writers.
C) News agencies can refuse to provide information requested by the government.
D) News agencies must be allowed to cover all government meetings and events.

Question 17

Some states have enacted __________ to protect news reporters, but there is no nationwide protection.

A) prior restraint laws
B) the exclusionary rule
C) press shield laws
D) prior restraint

Question 18

Which accurately explains why freedom of the press is essential to democracy?

A) The Constitution outlines in detail the requirements for speech to be considered "free speech."
B) Having an informed electorate is important to a thriving democracy.
C) Without free speech, the president would not be able to fulfill the responsibilities of the office.
D) Without free speech, the members of Congress could not campaign for office.

Question 19

When are police required to inform people of their Miranda rights?

A) only when they make an arrest
B) whenever they question anyone who might be suspected of a crime
C) only when an individual is in police custody and is not free to leave
D) whenever a suspect refuses to speak or answer questions

Question 20

An important battleground for the meaning of the Eighth Amendment has been cases concerning which of the following?

A) hate speech
B) gun-control laws
C) Miranda rights
D) capital punishment

Question 21

Which of the following is true of a bifurcated proceeding?

A) The defendant appears in court to waive a trial by jury, after which the case is determined by a judge in a second proceeding.
B) The defendant's sentence is split into two segments during sentencing, the time already served and the time left to serve.
C) Separate trials are held to determine guilt and to decide on the appropriate sentence.
D) It consists of two proceedings, a grand jury investigation and a jury trial.

Question 22

Which of the following describes the Supreme Court's stance regarding when a defendant has the right to a trial by jury?

A) Defendants in any criminal prosecution have a right to be judged by an impartial jury, regardless of the seriousness of the offense.
B) Any defendant accused of a serious criminal offense punishable by six months or more of imprisonment has a right to a trial by jury.
C) All defendants appearing in any court have a right to trial by jury unless they are enemy combatants detained during a time of war.
D) Any defendant accused of a serious criminal or civil offense punishable by one year or more of imprisonment has a right to a jury trial.

Question 23

A trial in which a judge presides without a jury and makes determinations of fact and law is a __________ trial.

A) double jeopardy
B) bifurcated
C) death penalty
D) bench

Question 24

After the decision in Roe v. Wade, several state legislatures and local governments sought to make abortions more difficult to obtain by enacting which type of laws?

A) laws requiring that all abortions be performed in fully equipped hospital operating rooms.
B) laws mandating waiting periods before receiving an abortion
C) laws requiring massive state taxes on all abortions
D) laws providing large financial incentives for giving unwanted children up for adoption

Question 25

The word _______ does not appear in the Constitution but has been interpreted to exist by the courts.

A) liberty
B) privacy
C) grievance
D) security

Question 26

The Supreme Court cited the ________ in support of Americans' right to marital privacy because it reserves unenumerated rights to the people.

A) Ninth Amendment
B) elastic clause
C) free exercise clause
D) Thirteenth Amendment