Quiz
Ch4 #1-31
Questions in this quiz (33)
1The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by
- Aactions of the president.
- Bthe actions of individuals.
- Cactions of the federal government.
- Dactions of state and local governments.
- Eactions of the U.S. military.
2The term civil liberties refers to specific individual rights that
- Aapply in civil cases but not in criminal cases.
- Bapply in civil cases but not in military ones.
- Care constitutionally protected from infringement by government.
- Dare constitutionally protected from infringement by individuals.
- Eare not covered by the First Amendment.
3The individual right that is widely regarded as the most basic of individual rights is
- Athe right to an attorney.
- Bfreedom of expression.
- Cthe right to a jury trial.
- Dthe right to an adequate education.
- Eprotection against illegal searches and seizures.
4Justice Holmes's "clear and present danger" test holds that government can
- Arestrict speech that threatens national security.
- Brestrict any speech of an inflammatory nature.
- Cimprison political dissidents during time of war without following normal procedures.
- Dengage in prior restraint of the press whenever national security is at issue.
- Erestrict speech that is disrespectful to specific classes of citizens.
5Like all other rights, the right of free expression is
- Aspelled out in precise terms in the Bill of Rights.
- Bnot absolute.
- Cfully respected by public officials.
- Dprotected from action by federal officials but not state officials.
- ENone of these answers is correct.
6The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right
- Anot to incriminate oneself.
- Bof free speech.
- Cto a jury trial.
- Dto confront one's accusers in a court of law.
- Eto worship any religion of choice.
7Justice Stone argued in 1938 that
- Acitizens should have priority over non-citizens in the legal system.
- BFirst Amendment rights are the basis of most other rights.
- Cthe interests of the majority are more important than the rights of the individual.
- Dthe requirements of national security take precedence over freedom of expression.
- Ethe Bill of Rights should be fully applied to the states.
8The Supreme Court's position on prior restraint of the press is that
- Anational security needs are of highest priority.
- Bonly classified government documents are subject to prior restraint.
- Cprior restraint can never be exercised by government.
- Dprior 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.
- Eprior restraint should be used fairly frequently in a democracy.
9Government can lawfully prevent a political rally from taking place
- Aunder no circumstances; people have an unconditional right to express their views.
- Bwhen the rally would require unduly expensive police protection.
- Cwhen the views of those holding the rally are unpopular.
- Dwhen it can demonstrate that harmful acts will necessarily result from the rally.
- ENone of these answers is correct.
10The 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
- Athe preferred position doctrine.
- Bprocedural change.
- Cselective incorporation.
- Dthe absorption doctrine.
- Eprior restraint.
11The 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
- Athe preferred position doctrine.
- Bprocedural change.
- Cselective incorporation.
- Dthe absorption doctrine.
- Eprior restraint.
12Spoken words that are known to be false and harmful to a person's reputation are an example of
- Alibel.
- Bslander.
- Cblasphemy.
- Dobscenity.
- Esymbolic speech.
13Which of the following is correct with regard to obscenity and the law?
- AObscenity is not protected by the First Amendment.
- BObscenity is never unlawful.
- CChild pornography is protected by the First Amendment.
- DObscenity has been easy for courts to define with precision.
- EObscenity is protected under the Ninth Amendment.
14The establishment clause prohibits government from
- Aestablishing exceptions to the Bill of Rights.
- Bestablishing exceptions to the Fourteenth Amendment.
- Cfavoring one religion over another or supporting religion over no religion.
- Dinterfering with freedom of assembly.
- Einterfering with the right to bear arms.
15The Supreme Court upheld the use of tax-supported vouchers to attend private or parochial school in
- AEngel v. Vitale.
- BGriswold v. Connecticut.
- CZelman v. Simmons-Harris.
- DAshcroft v. Free Speech Coalition.
- EMiller v. California.
16According to the Supreme Court, prayer in public schools violates
- Athe free exercise clause.
- Bthe establishment clause.
- Cthe exclusionary rule.
- Dprocedural due process.
- Ethe clear and present danger test.
17According to the Supreme Court, prayer in public schools violates
- Athe free exercise clause.
- Bthe establishment clause.
- Cthe exclusionary rule.
- Dprocedural due process.
- Ethe clear and present danger test.
18In 2007 the Supreme Court reversed its stance on partial-birth abortion, largely due to the replacement of Sandra Day O'Connor with
- ASamuel Alito.
- BAnthony Kennedy.
- CRuth Bader Ginsburg.
- DWilliam Rehnquist.
- EAntonin Scalia.
19The exclusionary rule states that
- Afederal law cannot be applied in state courts.
- Bthe laws of one state court cannot be applied in the courts of another state.
- Cafter seven years, the statute of limitations applies, except in murder cases.
- Devidence obtained illegally is inadmissible in court.
- Estate law cannot be applied in federal courts.
20In Mapp v. Ohio, the selective incorporation process was extended to include
- Acriminal proceedings in the states.
- Bcivil cases.
- Cpleas of insanity.
- Dchildren (minors) accused of crime.
- Eindigent litigants.
21In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether
- Agovernments had observed procedural guarantees.
- Bthose convicted are actually guilty.
- Cthose convicted have the opportunity for appeal.
- Dthose convicted are treated humanely while imprisoned.
- Eeveryone is treated fairly in every case.
22Which of the following is true of the appeal process?
- AThe Constitution guarantees at least one appeal after conviction, but many states continue to challenge this guarantee in court.
- BBoth the federal and all state constitutions guarantee an appeal after conviction.
- CThe Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
- DThere are no guarantees of appeal at the federal or state level, but the appeal process has been effectively certified through common practice.
- EThe guarantee of appeal in the states was established as part of selective incorporation as applied to the Fourteenth Amendment.
23The Supreme Court has reasoned that a right of privacy is provided by
- Athe Civil Rights Act of 1964.
- Bthe Ninth Amendment, which says that people's rights are not limited to those enumerated in the Constitution.
- Cthe Tenth Amendment, which reserves to the people and the states those powers not granted to the federal government.
- Dthe implication of said right by the freedoms in the Bill of Rights.
- Ethe Civil Rights Act of 1991.
24The right to privacy was instrumental in which decision?
- ARoe v. Wade
- BMapp v. Ohio
- CSchenck v. United States
- DMiranda v. Arizona
- ENew York Times Co. v. United States
25In Planned Parenthood v. Casey (1992), the justices
- Aruled that states are free to adopt abortion laws of their choosing.
- Breaffirmed the essential aspects of Roe v. Wade.
- Cinvoked the Ninth Amendment for the first time in an abortion decision.
- Dinvalidated the right to an abortion in the early months of pregnancy.
- ENone of these answers is correct.
26In Bowers v. Hardwick (1986), the Supreme Court justices determined that
- Athe right of privacy includes abortion in the early months of pregnancy.
- Bsearch warrants are not needed in murder investigations.
- Cfreedom of speech and freedom of assembly sometimes conflict.
- Dstate militia members have the right to peacefully assemble.
- Ethe right to privacy does not include homosexual acts.
27What is the greatest restriction on appeals in the United States?
- Athe refusal by state appeals court judges to grant even a first appeal
- Ba federal law that bars in most instances a second federal appeal by a state prison inmate
- Cthe lack of any formal right of appeal in the federal process
- Da federal law that bars a first federal appeal to persons convicted of homicides
- Ethe very low income of some convicted persons, which reduces their ability to appeal
28The inevitable discovery exception
- Aholds that the exclusionary rule can be waived in cases where failure to convict can lead to further public harm.
- Bholds that otherwise excludable evidence can be admitted in trial if police believed they were following the proper procedures.
- Callows the use of evidence that would have been discovered regardless by other means or through other forms of evidence.
- Dhas effectively invalidated the exclusionary rule.
- Eholds that a convicted person may not appeal the conviction when his or her own actions would have ultimately led to further unlawful acts.
29The Fourth Amendment protects Americans from
- Aany search conducted without a warrant.
- Bunreasonable searches.
- Cunreasonable searches conducted only by federal officers.
- Dall searches conducted by state officers.
- Esearches conducted only by local officers.
30Voluntary school prayer in the public schools was ruled unconstitutional in
- AEscobedo v. Illinois (1964).
- BEngel v. Vitale (1962).
- CBuckley v. Valeo (1976).
- DGitlow v. New York (1925).
- ERoth v. United States (1957).
31Which of the following, relative to the others, is typically more protective of individual rights?
- Athe U.S. Congress
- Bthe general public
- Cpublic opinion
- Dthe presidency
- Ethe judiciary
32The freedoms of speech, press, assembly, and petition are found in
- Athe First Amendment.
- Bthe Fourth Amendment.
- Cthe Sixth Amendment.
- Dthe Tenth Amendment.
- Ethe Fourteenth Amendment.
33Which of the following is true about the Sedition Act of 1798?
- AThe Act prohibited malicious newspaper stories about the president.
- BThe Supreme Court ruled the Act unconstitutional.
- CThe Senate voted it down, while the House passed it.
- DThomas Jefferson strongly supported it.
- EThe state governments refused to enforce it.
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- Quiz on Ch4 #1-31, created by c2c0b5e2 on 29/06/2014.
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