1040596
Pregunta 1
Pregunta
The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by
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actions of the president.
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the actions of individuals.
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actions of the federal government.
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actions of state and local governments.
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actions of the U.S. military.
Pregunta 2
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The term civil liberties refers to specific individual rights that
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apply in civil cases but not in criminal cases.
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apply in civil cases but not in military ones.
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are constitutionally protected from infringement by government.
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are constitutionally protected from infringement by individuals.
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are not covered by the First Amendment.
Pregunta 3
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The individual right that is widely regarded as the most basic of individual rights is
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the right to an attorney.
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freedom of expression.
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the right to a jury trial.
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the right to an adequate education.
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protection against illegal searches and seizures.
Pregunta 4
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Justice Holmes's "clear and present danger" test holds that government can
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restrict speech that threatens national security.
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restrict any speech of an inflammatory nature.
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imprison political dissidents during time of war without following normal procedures.
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engage in prior restraint of the press whenever national security is at issue.
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restrict speech that is disrespectful to specific classes of citizens.
Pregunta 5
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Like all other rights, the right of free expression is
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spelled out in precise terms in the Bill of Rights.
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not absolute.
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fully respected by public officials.
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protected from action by federal officials but not state officials.
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None of these answers is correct.
Pregunta 6
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The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right
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not to incriminate oneself.
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of free speech.
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to a jury trial.
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to confront one's accusers in a court of law.
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to worship any religion of choice.
Pregunta 7
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Justice Stone argued in 1938 that
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citizens should have priority over non-citizens in the legal system.
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First Amendment rights are the basis of most other rights.
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the interests of the majority are more important than the rights of the individual.
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the requirements of national security take precedence over freedom of expression.
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the Bill of Rights should be fully applied to the states.
Pregunta 8
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The Supreme Court's position on prior restraint of the press is that
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national security needs are of highest priority.
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only classified government documents are subject to prior restraint.
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prior restraint can never be exercised by government.
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prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.
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prior restraint should be used fairly frequently in a democracy.
Pregunta 9
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Government can lawfully prevent a political rally from taking place
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under no circumstances; people have an unconditional right to express their views.
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when the rally would require unduly expensive police protection.
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when the views of those holding the rally are unpopular.
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when it can demonstrate that harmful acts will necessarily result from the rally.
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None of these answers is correct.
Pregunta 10
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The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called
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the preferred position doctrine.
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procedural change.
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selective incorporation.
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the absorption doctrine.
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prior restraint.
Pregunta 11
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The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called
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the preferred position doctrine.
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procedural change.
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selective incorporation.
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the absorption doctrine.
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prior restraint.
Pregunta 12
Pregunta
Spoken words that are known to be false and harmful to a person's reputation are an example of
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libel.
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slander.
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blasphemy.
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obscenity.
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symbolic speech.
Pregunta 13
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Which of the following is correct with regard to obscenity and the law?
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Obscenity is not protected by the First Amendment.
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Obscenity is never unlawful.
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Child pornography is protected by the First Amendment.
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Obscenity has been easy for courts to define with precision.
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Obscenity is protected under the Ninth Amendment.
Pregunta 14
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The establishment clause prohibits government from
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establishing exceptions to the Bill of Rights.
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establishing exceptions to the Fourteenth Amendment.
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favoring one religion over another or supporting religion over no religion.
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interfering with freedom of assembly.
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interfering with the right to bear arms.
Pregunta 15
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The Supreme Court upheld the use of tax-supported vouchers to attend private or parochial school in
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Engel v. Vitale.
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Griswold v. Connecticut.
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Zelman v. Simmons-Harris.
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Ashcroft v. Free Speech Coalition.
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Miller v. California.
Pregunta 16
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According to the Supreme Court, prayer in public schools violates
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the free exercise clause.
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the establishment clause.
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the exclusionary rule.
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procedural due process.
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the clear and present danger test.
Pregunta 17
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According to the Supreme Court, prayer in public schools violates
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the free exercise clause.
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the establishment clause.
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the exclusionary rule.
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procedural due process.
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the clear and present danger test.
Pregunta 18
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In 2007 the Supreme Court reversed its stance on partial-birth abortion, largely due to the replacement of Sandra Day O'Connor with
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Samuel Alito.
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Anthony Kennedy.
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Ruth Bader Ginsburg.
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William Rehnquist.
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Antonin Scalia.
Pregunta 19
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The exclusionary rule states that
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federal law cannot be applied in state courts.
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the laws of one state court cannot be applied in the courts of another state.
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after seven years, the statute of limitations applies, except in murder cases.
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evidence obtained illegally is inadmissible in court.
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state law cannot be applied in federal courts.
Pregunta 20
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In Mapp v. Ohio, the selective incorporation process was extended to include
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criminal proceedings in the states.
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civil cases.
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pleas of insanity.
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children (minors) accused of crime.
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indigent litigants.
Pregunta 21
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In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether
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governments had observed procedural guarantees.
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those convicted are actually guilty.
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those convicted have the opportunity for appeal.
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those convicted are treated humanely while imprisoned.
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everyone is treated fairly in every case.
Pregunta 22
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Which of the following is true of the appeal process?
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The Constitution guarantees at least one appeal after conviction, but many states continue to challenge this guarantee in court.
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Both the federal and all state constitutions guarantee an appeal after conviction.
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The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
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There are no guarantees of appeal at the federal or state level, but the appeal process has been effectively certified through common practice.
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The guarantee of appeal in the states was established as part of selective incorporation as applied to the Fourteenth Amendment.
Pregunta 23
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The Supreme Court has reasoned that a right of privacy is provided by
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the Civil Rights Act of 1964.
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the Ninth Amendment, which says that people's rights are not limited to those enumerated in the Constitution.
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the Tenth Amendment, which reserves to the people and the states those powers not granted to the federal government.
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the implication of said right by the freedoms in the Bill of Rights.
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the Civil Rights Act of 1991.
Pregunta 24
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The right to privacy was instrumental in which decision?
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Roe v. Wade
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Mapp v. Ohio
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Schenck v. United States
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Miranda v. Arizona
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New York Times Co. v. United States
Pregunta 25
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In Planned Parenthood v. Casey (1992), the justices
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ruled that states are free to adopt abortion laws of their choosing.
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reaffirmed the essential aspects of Roe v. Wade.
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invoked the Ninth Amendment for the first time in an abortion decision.
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invalidated the right to an abortion in the early months of pregnancy.
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None of these answers is correct.
Pregunta 26
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In Bowers v. Hardwick (1986), the Supreme Court justices determined that
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the right of privacy includes abortion in the early months of pregnancy.
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search warrants are not needed in murder investigations.
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freedom of speech and freedom of assembly sometimes conflict.
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state militia members have the right to peacefully assemble.
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the right to privacy does not include homosexual acts.
Pregunta 27
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What is the greatest restriction on appeals in the United States?
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the refusal by state appeals court judges to grant even a first appeal
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a federal law that bars in most instances a second federal appeal by a state prison inmate
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the lack of any formal right of appeal in the federal process
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a federal law that bars a first federal appeal to persons convicted of homicides
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the very low income of some convicted persons, which reduces their ability to appeal
Pregunta 28
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The inevitable discovery exception
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holds that the exclusionary rule can be waived in cases where failure to convict can lead to further public harm.
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holds that otherwise excludable evidence can be admitted in trial if police believed they were following the proper procedures.
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allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence.
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has effectively invalidated the exclusionary rule.
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holds that a convicted person may not appeal the conviction when his or her own actions would have ultimately led to further unlawful acts.
Pregunta 29
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The Fourth Amendment protects Americans from
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any search conducted without a warrant.
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unreasonable searches.
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unreasonable searches conducted only by federal officers.
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all searches conducted by state officers.
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searches conducted only by local officers.
Pregunta 30
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Voluntary school prayer in the public schools was ruled unconstitutional in
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Escobedo v. Illinois (1964).
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Engel v. Vitale (1962).
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Buckley v. Valeo (1976).
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Gitlow v. New York (1925).
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Roth v. United States (1957).
Pregunta 31
Pregunta
Which of the following, relative to the others, is typically more protective of individual rights?
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the U.S. Congress
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the general public
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public opinion
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the presidency
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the judiciary
Pregunta 32
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The freedoms of speech, press, assembly, and petition are found in
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the First Amendment.
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the Fourth Amendment.
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the Sixth Amendment.
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the Tenth Amendment.
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the Fourteenth Amendment.
Pregunta 33
Pregunta
Which of the following is true about the Sedition Act of 1798?
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The Act prohibited malicious newspaper stories about the president.
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The Supreme Court ruled the Act unconstitutional.
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The Senate voted it down, while the House passed it.
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Thomas Jefferson strongly supported it.
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The state governments refused to enforce it.
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