Practice Test 5 – Flashcards
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An action that criminalizes an act after it occurs is a(n):
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Unconstitutional ex post facto law
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The right of an accused to be brought before a judge and informed of the charges and evidence against him or her is known as:
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habeas corpus
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The Supreme Court began the process of applying the Bill of Rights to the states:
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In a piecemeal fashion starting in 1897
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The source of authority cited by the Supreme Court for applying the Bill of Rights to the states is:
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the Fourteenth Amendment to the Constitution.
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All of the following statements concerning incorporation of the Bill of Rights are true EXCEPT:
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The Supreme Court began the process of incorporation of the Bill of Rights in the late 1960s.
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The rights the founders believed were essential to maintaining a representative democracy included all of the following EXCEPT:
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Establishment of religion
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The establishment clause guarantees:
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That government will not create and support an official state church
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According to the Supreme Court, for school prayer to violate the establishment clause, it must be:
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Part of official school activities
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Separationists differ from accommodationists in that:
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Separationists favor a stricter separation of church and state than accommodationists.
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The test that seems to provide the most protection for free speech is the:
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Imminent lawless action test
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The Lemon test established that:
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There shall be no excessive entanglement of government and religion.
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The Supreme Court demonstrated the difficulty of balancing the free exercise of religion clause of the First Amendment with the need for social order in:
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West Virginia State Board of Education v. Barnette
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In attempting to decide when speech can be prohibited, the Supreme Court has:
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Made it harder for the government to suppress speech
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Which of the following statements does not reflect the Supreme Court's view of freedom of expression?
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Associations such as the NAACP can be required to make their membership lists public.
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Which of the following statements concerning the protection of free expression in the United States is not true?
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The Supreme Court has consistently favored expansion of the freedom of expression.
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The national government decides to prosecute a speaker who states at a political rally, "The U.S. government's policy toward the Middle East is responsible for the violence in the region, and our leaders should be forced to change their policy." Although the government would most likely be unsuccessful, for what would the government prosecute the speaker?
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Sedition
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The Supreme Court's ruling in Brandenburg v. Ohio is significant because it:
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Created a new standard for regulating political speech
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The Supreme Court has ruled that:
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Symbolic speech is not protected when it is most likely to inspire fear of bodily harm.
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It is difficult for the Supreme Court to determine the exact meaning of obscenity because:
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The whole area is so subjective that wide disagreement exists
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The founders' opposition to prior restraint showed their commitment to:
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Freedom of the press
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The Supreme Court has ruled that prior restraint:
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May be upheld only in cases of extreme emergency
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Written defamation of character is known as:
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Libel
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The Supreme Court has ruled that public figures can win libel suits against the mass media only when the:
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Claims made by the media are known by them to be false or are made with reckless disregard for the truth of the claims
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The Supreme Court has ruled that:
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Public figures have less protection from the press than other members of the public.
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The Supreme Court has:
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Generally protected freedom of expression on the Internet
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The Supreme Court has most recently ruled that the Second Amendment:
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Establishes an individual right to bear arms
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The current status of the exclusionary rule is that:
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Unconstitutionally gathered evidence may be used in court as long as the police did not violate the Constitution deliberately; however, the burden is on the police to show they acted in good faith.
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Miranda v. Arizona held that:
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Police have to advise people of their constitutional rights prior to questioning.
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The right against self-incrimination:
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Applies at all stages of a criminal proceeding at the state and national levels
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It is difficult to know when to apply the prohibition against cruel and unusual punishment because:
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The definitions of cruel and unusual are difficult to establish.
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Which of the following statements best describes the constitutional right to privacy?
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A right to privacy is not clearly spelled out in the Constitution, but many people argue the right is implied.
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The Supreme Court's ruling in Griswold v. Connecticut is significant because it:
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Opened the door for a variety of claims regarding the right to privacy
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According to John Locke and the Declaration of Independence, our rights are:
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Natural
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The difference between civil rights and civil liberties is:
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That civil rights involve government action to secure rights of citizenship, whereas civil liberties involve individual freedoms that limit the power of government
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Individual actions can come into conflict with the collective good of society:
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Because individual actions often have important consequences and costs for society
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The example provided in the textbook concerning the response to the September 11 attacks demonstrates that:
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It may be hard to protect both liberty and security
