Question 1

The due process clause in the Fifth Amendment is considered as a restraint on the state criminal trials and the due process clause in the Fourteenth Amendment applies only to civil trials.

Accepted Answer

The due process clause in the Fifth Amendment applies to federal government actions, while the due process clause in the Fourteenth Amendment applies to state and local government actions, both in criminal and civil matters.

Question 2

Procedural due process refers to the means or methods by which an individual exercises his or her due process rights.

Accepted Answer

Procedural due process refers to the procedures that the government must follow before it deprives a person of life, liberty, or property. This concept ensures that these processes are fair and that individuals have the opportunity to argue against the government's actions.

Question 3

The concept of due process is distinctly an American product.

Accepted Answer

The concept of due process has its roots in the Magna Carta of 1215, a foundational legal document from England, indicating that it is not exclusively an American product but has historical origins predating the establishment of the United States.

Question 4

The first case to apply one of the guarantees of the Bill of Rights to the states was Hurtado v. California.

Accepted Answer

The answer of The first case to apply one of...

Question 5

The total incorporation approach was used by the Supreme Court between the years of 1947 to 1969.

Accepted Answer

The total incorporation approach, which argues for the application of all the rights in the Bill of Rights to the states through the Fourteenth Amendment, was never fully adopted by the Supreme Court. Instead, the Court used selective incorporation to apply certain protections to the states on a case-by-case basis during this period and beyond.

Question 6

The selective approach accepts the premise from the fundamental rights approach that not all rights contained in the Bill of Rights are fundamental to due process.

Accepted Answer

The selective incorporation approach indeed accepts that not all rights in the Bill of Rights are fundamental to due process, and instead, it evaluates on a case-by-case basis which rights are sufficiently fundamental to be incorporated against the states through the Fourteenth Amendment's Due Process Clause.

Question 7

The "due process" clause of the Fourteenth Amendment provides additional protections other than those rights set forth in the Bill of Rights.

Accepted Answer

The "due process" clause of the Fourteenth Amendment not only incorporates many of the protections found in the Bill of Rights, making them applicable to the states, but also encompasses a broader range of rights, including certain fundamental rights that are not explicitly mentioned in the first ten amendments, such as the right to privacy.

Question 8

Only laws that affect fundamental rights come within the purview of the substantive due process doctrine.

Accepted Answer

The substantive due process doctrine only applies to laws that affect fundamental rights, such as the right to privacy, the right to vote, and the right to free speech.

Question 9

The police power of a state refers to the power of the state to place restraints on the personal freedom and property rights of persons for the protection of the public safety, health, and morals.

Accepted Answer

The police power of a state encompasses the authority to regulate behavior and enforce order within its territory for the betterment of the health, safety, morals, and general welfare of its inhabitants.

Question 10

A city ordinance that prohibits people of certain nationality from living in one sector of the city is an example of the use of police power.

Accepted Answer

The answer of A city ordinance that prohibits people of...

Question 11

A city ordinance that prohibits people of certain nationality from living in one sector of the city is an abridgement of a substantive due process right.

Accepted Answer

Substantive due process protects individuals from arbitrary denial of life, liberty, or property outside the bounds of legal process. A city ordinance that discriminates based on nationality and restricts where people can live violates this principle by arbitrarily denying them the liberty to reside where they choose based on an immutable characteristic.

Question 12

Vague laws may trap the innocent by not providing fair warning as to what conduct is prohibited.

Accepted Answer

Vague laws can indeed trap innocent people by failing to clearly define what actions are illegal, thus not giving individuals fair warning about what is considered criminal behavior. This can lead to arbitrary and discriminatory enforcement.

Question 13

The concept of equal protection of the law was first established by the Fourteenth Amendment.

Accepted Answer

The answer of The concept of equal protection of the...

Question 14

A Virginia statute which prohibited interracial marriages was a constitutionally proper exercise of the state's police power.

Accepted Answer

The U.S. Supreme Court in Loving v. Virginia (1967) ruled that state bans on interracial marriage were unconstitutional, violating the Equal Protection Clause of the Fourteenth Amendment.

Question 15

A city ordinance that prohibited groups of young people from meeting in groups without any valid purpose is probably

Accepted Answer

The ordinance is likely unconstitutional because it is vague, potentially infringing on the rights to free assembly and potentially leading to arbitrary enforcement, which could violate due process rights under the Constitution.

Question 16

A California statute that made it unlawful for an adult male to have sexual intercourse with a female under the age of 18 is considered as a

Accepted Answer

This statute is considered a valid exercise of the state's police power because it aims to protect minors from sexual exploitation and abuse, which is a legitimate state interest.

Question 17

The equal protection clause of the Fourteenth Amendment

Accepted Answer

The equal protection clause of the Fourteenth Amendment does allow for a wide exercise of discretion by the government in creating classifications, as long as those classifications are not purely arbitrary and have a reasonable basis. This means both statements A and B are correct, making option C the correct answer.

Question 18

Procedural due process refers

Accepted Answer

The answer of Procedural due process refers
...

Question 19

The following right, although required in federal criminal proceedings, has not been imposed on the states:

Accepted Answer

The requirement for a grand jury indictment in felony cases, as mandated by the Fifth Amendment, has not been imposed on the states through the process of incorporation, which applies most provisions of the Bill of Rights to the states. The other rights listed (right to counsel, right to privacy, and right to a jury trial in felony cases) have been applied to the states through the Fourteenth Amendment or interpreted to be protected under other amendments.

Question 20

The due process clause of the ____ Amendment has been construed to provide most of the Bill of Rights' protections to individuals involved in a state justice system.

Accepted Answer

The Fourteenth Amendment's due process clause has been interpreted by the Supreme Court to make most of the protections in the Bill of Rights applicable to the states, ensuring that individuals have those protections in state as well as federal proceedings.

Quiz 2: Concept of Due Process