Unit 2- Chapter 4 – Flashcards
Unlock all answers in this set
Unlock answersquestion
Civil liberties are A) freedoms that are not specified in the Constitution or in statutory laws, but make up the Unwritten Constitution. B) the rights to vote and participate in the political process in a democracy. C) laws that provide and set limits on oneʹs freedoms. D) citizensʹ rights to equal treatment under the law. E) individual legal and constitutional protections against the government.
answer
e
question
Americansʹ civil liberties are set down in A) the Declaration of Independence. B) the Bill of Rights. C) Article I of the Constitution. D) no written document or law. E) the Preamble to the Constitution.
answer
b
question
The ________ is the final interpreter of the content and scope of Americans' civil liberties. A) president B) Congress C) Supreme Court D) American Civil Liberties Union E) Constitution
answer
c
question
Civil liberties consist of A) legal and constitutional protections against the government. B) the right to be treated equally under the law. C) the cumulative decisions of the Supreme Court. D) the right of citizens to sue government.
answer
a
question
At the time of the ratification of the Constitution, A) all states had bills of rights but there was no national Bill of Rights. B) the national Bill of Rights also applied to the states. C) there were no bills of rights in the United States. D) both the national government and the states had bills of rights. E) the national government had a Bill of Rights but, there were no state bills of rights.
answer
a
question
The Bill of Rights was written and proposed by A) the United States Supreme Court in 1796. B) the First Congress of the United States in 1789. C) the Constitutional Convention in 1787. D) President George Washington in 1789. E) President Thomas Jefferson in 1801.
answer
b
question
The Bill of Rights was adopted primarily in response to A) the Spanish Inquisition. B) British abuses of the colonists' civil liberties. C) the abuses committed by the United States Continental Army during the Revolutionary War. D) the horrors of the French Revolution. E) Shays' Rebellion.
answer
b
question
Which of the following statements about the Bill of Rights is FALSE? A) The Bill of Rights was written by the First Congress of the United States. B) The Bill of Rights consists of the first ten amendments to the Constitution. C) Most state constitutions did not have a Bill of Rights at the time of the Constitutional Convention. D) Many states made adoption of a Bill of Rights a condition of ratification of the Constitution. E) The Constitution of 1787 contained no Bill of Rights.
answer
c
question
In the case of ________, the Supreme Court ruled that the Bill of Rights restrained only the national government, not states and cities. A) Miranda v. Arizona B) Barron v. Baltimore C) New York v. the United States D) Engel v. Vitale E) Gitlow v. New York
answer
b
question
The great freedoms of speech, press, religion, and assembly are contained in the A) First, Second, Third and Fourth Amendments. B) Fourth Amendment. C) Second Amendment. D) Third Amendment. E) First Amendment.
answer
e
question
The Supreme Court decision in Barron v. Baltimore (1833) maintained that the Bill of Rights intended to prevent A) both the national and state governments from violating civil rights. B) cities from taking private property without due process. C) only the national government from abridging civil liberties. D) the states from infringing on individual rights. E) the United States government from granting titles of royalty.
answer
c
question
Today, ________ apply to the states. A) all of the Bill of Rights except the First Amendment B) all of the Bill of Rights C) none of the Bill of Rights D) four amendments of the Bill of Rights E) all but five provisions or amendments of the Bill of Rights
answer
e
question
Beginning with the case of ________ in 1925, the Supreme Court began to rule that the Bill of Rights applied directly to the states, as well as to the national government. A) United States v. Bill of Rights B) Miranda v. Arizona C) Engel v. Vitale D) Barron v. Baltimore E) Gitlow v. New York
answer
e
question
In deciding to incorporate parts of the Bill of Rights into state laws since 1925, the Supreme Court has relied on the due process clause of the A) First Amendment. B) Twenty-sixth Amendment. C) Fourteenth Amendment. D) Fifth Amendment. E) Eighteenth Amendment.
answer
c
question
The ________ includes the clause "Congress shall make no law respecting an establishment of religion" A) Fifth Amendment B) First Amendment C) Second Amendment D) Religious Rights Amendment E) Fourteenth Amendment
answer
b
question
The incorporation doctrine involves A) application of the Bill of Rights to the states. B) the government's power to regulate corporations. C) the procedures for creating a city government. D) the interpretation of the commerce clause. E) the extension of judicial review to state courts.
answer
a
question
Thomas Jefferson argued that the First Amendment created a "wall of separation" between A) the government and the people. B) the Congress, the president, and the Supreme Court. C) the people and the Supreme Court. D) church and state. E) men and women.
answer
d
question
Unlike Great Britain and many other nations, the United States does not have an ________ church that is fficially supported by the government and recognized as a national institution. A) ecclesiastical B) adjudicated C) imperial D) incorporated E) established.
answer
e
question
Today, ________ have (has) an established church that is officially supported by the government. A) the United States B) no nation C) Great Britain D) all nations E) both the United States and Great Britain
answer
c
question
In Gitlow v. New York (1925), the decision that states could not abridge the freedoms of expression protected by the First Amendment was based on the A) Fifth Amendment. B) New York State Constitution. C) Fourteenth Amendment. D) First Amendment. E) exclusionary rule of the judiciary.
answer
c
question
The significance of Gitlow v. New York (1925) was that A) a provision of the Bill of Rights was applied to the states for the first time. B) the national government was prevented from violating the Bill of Rights. C) a state constitution had precedence over the United States Constitution within that state. D) the Bill of Rights was interpreted as restraining only the national government and not cities or states. E) the U.S. Constitution has precedence over the state constitution within the state.
answer
a
question
Aid to parochial schools was first passed in the 1960s at the request of A) Richard M. Nixon. B) Jimmy Carter. C) John F. Kennedy. D) Lyndon Johnson. E) Barry Goldwater.
answer
d
question
In Lemon v. Kurtzman, the Supreme Court established that aid to church-related schools must do all of the following EXCEPT A) have a secular purpose. B) inhibit religion. C) not advance religion. D) not create excessive government entanglement with religion. E) treat all religions equally.
answer
b
question
The abridgment of citizensʹ freedom to worship, or not to worship, as they please is prohibited by the A) due process clause. B) establishment clause. C) free exercise clause. D) freedom of religion. E) Second Amendment.
answer
c
question
In dealing with First Amendment cases involving religion, the Supreme Court has ruled that A) the Constitution does not protect anti-religious beliefs and practices. B) such questions should be resolved at the state and local levels of government. C) while all religious beliefs are constitutionally protected, all religious practices are not. D) government must not interfere with any expression of religious faith. E) none of the above.
answer
c
question
In the Lemon v. Kurtzman decision of 1971, the Supreme Court ruled that A) any aid of any sort to church-related schools is not constitutional, because it violates church-state separation. B) aid to church-related schools is fully constitutional, and can be used for any purposes needed by the schools. C) spoken prayers in public schools were unconstitutional. D) aid to church-related schools must be for secular purposes only, and cannot be used to advance or inhibit religion. E) devotional Bible-reading in public schools was unconstitutional.
answer
d
question
In the Engel v. Vitale case of 1962, the Supreme Court ruled that ________ was (were) unconstitutional. A) prayers done as classroom exercises in public schools B) the Connecticut statute barring the distribution of birth control information C) segregation D) prior restraint E) police search or seizure without an authorized warrant
answer
a
question
The Supreme Court has interpreted the establishment clause of the First Amendment as A) grounds for denying federal aid to children attending parochial schools. B) merely preventing the establishment of a national church. C) prohibiting school-organized Bible-reading and prayer in public schools. D) allowing nondenominational school prayer. E) all of the above
answer
c
question
Which of the following statements about religion and politics is FALSE? A) Many school districts have simply ignored the Supreme Courtʹs ban on school prayer and hold prayers in their classrooms. B) The religious diversity in America has made it difficult to establish one state religion such as Britain has. C) The Supreme Court has never permitted the claim of religious freedom to permit every sort of behavior. D) Efforts are underway to amend the Constitution to permit school prayer. E) In recent years, religious issues and controversies have become less visible in political debate.
answer
e
question
In Lemon v. Kurtzman (1971), the Supreme Court ruled that A) states can prohibit pornography despite the freedom of the press. B) aid to church-related schools must have a secular legislative purpose. C) religious freedom takes precedence over compulsory education laws. D) an official prayer at a public-school graduation violated the constitutional separation of church and state. E) voluntary prayer in public schools is unconstitutional.
answer
b
question
The Supreme Court has ruled that government aid to church-related schools A) is acceptable for things such as field trips and teacher salaries, but not for textbooks or transportation to school. B) is permitted when the aid is for a non-religious purpose. C) is acceptable if the school is affiliated with a major religion but not for small, fringe religious sects. D) violates the Establishment Clause. E) does not constitute an establishment of religion.
answer
b
question
Government aid to religious schools has been a major issue A) since the Civil War. B) since the colonial era. C) since the mid 1960s. D) since ratification of the Bill of Rights. E) since the growth of the fundamentalist movement in the 1980s.
answer
c
question
Which of the following is NOT a free exercise issue? A) animal sacrifice B) religious use of peyote C) teacher led prayers in public schools D) whether Amish children must go to school E) none of the above
answer
c
question
In 2005, the Supreme Court found that two Kentucky counties violated the establishment clause of the First Amendment by A) establishing English as the ʺofficial first language of the State of Kentucky.ʺ B) by posting the Ten Commandments as a way of promoting religion. C) banning ʺintelligent designʺ from the curriculum D) providing an ʺinefficientʺ system of public education. E) requiring students to say the Pledge of Allegiance.
answer
c
question
During the 1980s, the Supreme Court ________ the displaying of Christmas nativity scenes and Hanukkah menorahs on public property. A) refused to hear cases challenging B) first permitted and then prohibited C) upheld the constitutionality of D) declared unconstitutional E) encouraged
answer
c
question
In free exercise cases, the Supreme Court A) allows the government to interfere with religious practices as long as it is not specifically aimed at religion. B) permits the government to interfere with religious practices. C) prohibits prayer in public schools but permits government aid to religious schools. D) prohibits the government from interfering with religious practices. E) never allows the government to interfere with religious practices.
answer
a
question
In regard to the free exercise clause, the Supreme Court has made each of the following rulings EXCEPT A) polygamy may be justified for Mormons on religious grounds. B) the Air Force can enforce its dress code even against religiously based dress choices. C) Amish parents may take their children out of school after the eighth grade. D) people could become conscientious objectors to war on religious grounds. E) public schools cannot require Jehovah's Witnesses to attend flag saluting ceremonies
answer
a
question
The Supreme Court ruled that freedom of religious practice was more important than the right of the government to interfere in deciding in favor of A) a Mormon who justified polygamy on religious grounds. B) the right of Amish parents in Wisconsin to take their children out of public school after the eighth grade. C) the right of an orthodox Jewish Air Force captain to wear his yarmulke despite the strict military dress code. D) the Louisiana law requiring schools that taught Darwinian theory to teach the Bible's version of creation as well. E) Christian Scientists' religious opposition to scientific medical treatment for themselves or their children.
answer
b
question
Freedom of expression A) has sometimes been limited when it conflicts with other rights and values. B) is protected by the Fourth and Fifth Amendments. C) is an absolute right protected by the First Amendment. D) includes freedom of speech and press, but not actions. E) would not protect a political rally to attack an opposition candidate's stand on issues.
answer
a
question
Which of the following statements about freedom of expression is FALSE? A) Universities cannot prohibit racial, religious, or sexual insults. B) Obscenity and libel are not protected by the First Amendment. C) Picketing is considered symbolic speech and receives First Amendment protection. D) Government can limit expression more easily than it can limit action. E) Holding a political rally to attack an opposition candidate's stand on important issues gets First Amendment protection.
answer
d
question
________ refers to a governmentʹs censorship of material before it is published. A) The exclusionary rule B) Probable cause C) Equal protection D) Prior restraint E) Just cause
answer
d
question
In what case did the Supreme Court rule that a newspaper, no matter how outrageous its opinions, must be allowed to publish without prior restraint? A) Wisconsin v. Yoder B) Miranda v. Arizona C) Near v. Minnesota D) New York Times v. Sullivan E) Mapp v. Ohio.
answer
c
question
The extent of an individual's or group's freedom from prior restraint depends on A) whether the nation is at war. B) nothing- it is absolute. C) the moods of the Supreme Court justices. D) who the individual or group is. E) the Constitution.
answer
d
question
In its Near v. Minnesota decision of 1931, the Supreme Court ruled that A) the state government could not use prior restraint to shut down an outspoken newspaper. B) a school newspaper was not a public forum and could be regulated "in any reasonable manner" by school officials. C) states had the power to use prior restraint broadly, but the national government did not. D) a CIA agent could not publish a personal memoir without clearing it through the agency. E) states were prohibited from publishing newspapers because that amounted to government censorship of the press and constituted the establishment of a government monopoly.
answer
a
question
The Supreme Court has permitted prior restraint of which of the following? A) high school newspapers B) compact discs by 2 Live Crew C) the Pentagon Papers D) a newspaper that called local officials "Jewish gangsters" E) It has permitted prior restraint of all of these.
answer
a
question
The Pentagon Papers dealt with A) a documented history of United States involvement in the Vietnam War which the government wanted kept secret. B) a documented history of United States involvement in the Korean War which the government wanted kept secret. C) prisoners of war from World War II. D) secret agreements between the United States and the Soviet Union. E) all of the above
answer
a
question
Which of the following elements of the Bill of Rights was extended to the states by the Supreme Court case of Near v. Minnesota? A) freedom of speech B) freedom of the press C) right to counsel in felony cases D) grand jury requirement E) right to privacy
answer
b
question
Time and time again, the Supreme Court has protected freedom of the press by A) ruling in favor of strict libel laws. B) striking down prior restraint. C) refusing to allow the subpoena of reporters. D) relaxing due process procedures. E) all of the above.
answer
b
question
The case of Near v. Minnesota (1931) A) ruled that newspapers could not publish secret information that threatens national security. B) ruled that states cannot prohibit animal sacrifice. C) held that government had illegally issued a prior restraint. D) identified an exception to the Constitutional guarantees barring government censorship of the press. E) upheld Minnesota's right to close down a newspaper making slanderous remarks.
answer
c
question
Prior restraint is most often considered acceptable on the grounds of A) libel. B) obscenity. C) national security. D) cruel and unusual punishment. E) religious freedom.
answer
c
question
In the case of Dennis v. United States, the Supreme Court A) upheld the federal law banning the Nazi party in the United States and prohibiting its activities. B) upheld the convictions of Communist party officials who had been sent to prison because of their beliefs. C) overturned the convictions of Communist party officials who had been sent to prison because of their beliefs. D) ruled that burning a draft card was not covered under free speech. E) overturned the federal law against burning or desecrating the American flag, arguing that it violated free speech.
answer
b
question
In the case of New York Times v. United States in 1971, the Supreme Court ruled A) against permitting racy advertisements for massage parlors, saunas, and escort services which could be deemed obscene. B) against prior restraint in the case of the Pentagon Papers, which allowed them to be published. C) that the government cannot file libel suits against newspapers, because, it would result in government censorship. D) in favor of permitting racy advertisements for massage parlors, saunas, and escort services as freedom of speech. E) in favor of prior restraint in order to prevent publication of the Pentagon Papers.
answer
b
question
In Schenck v. United States (1919), Justice Holmes said that speech can be restricted when it A) is uttered by government officials in an effort to establish a religion. B) provokes "a clear and present danger. to people." C) advocates the violent overthrow of the United States. D) is spoken rather than non-verbal or symbolic. E) is expressed on private property.
answer
b
question
Constitutional protections of free speech are ________ on private property . A) completely invalidated B) fully protected C) diminished D) untested E) unchanged.
answer
c
question
A shield law A) gives reporters the right to withhold information from the courts. B) gives judges the right to issue a gag order. C) protects certain religious practices not covered by Supreme Court rulings. D) prevents the courts from closing criminal trials to the press. E) prevents reporters from disclosing secret government information.
answer
a
question
The Supreme Court ruled in Branzburg v. Hayes (1972) that in the absence of shield laws, A) the right of a free trial preempts the reporter's right to protect sources. B) that newspaper files are protected by the First Amendment. C) that reporters have more rights than other citizens. D) judges can bar cameras from the courtroom. E) none of the above.
answer
a
question
In Roth v. United States, the Supreme Court held that A) outdoor drive-ins could not be barred from showing a film which included nudity. B) the possession of child pornography was not covered by any right to free speech or press, and could be made a crime. C) the government cannot prohibit discrimination against women priests by churches because it would violate the free exercise of religion. D) obscenity is not within the area of constitutionally protected free speech. E) the film Carnal Knowledge, which had critical acclaim but a sexual theme and explicit scenes, could not be banned.
answer
d
question
The principle that "obscenity is not within the area of constitutionally protected speech or press" was established in A) Roth v. United States. B) Osborne v. Ohio. C) Miller v. California. D) United States v. Snepp. E) Ohio v. Pussycat Theater.
answer
a
question
Obscenity is A) equated with nudity by the Supreme Court. B) clearly defined as it pertains to both freedom of the press and freedom of speech. C) prohibited in the First Amendment. D) a matter of federal standards rather than state or local standards. E) not protected under the Constitution.
answer
e
question
In Zurcher v. Stanford Daily, the Supreme Court ruled that A) the Stanford Daily had complete control over its photograph files. B) the Stanford Daily must cease publication of military strategy papers. C) the Stanford Daily must open its files for use as police evidence. D) the Stanford Daily must disclose the location of its reporters. E) the Stanford Daily is controlled by the University president, not state laws.
answer
c
question
In ________, the Court clarified its doctrine of what was obscene, including such gauges as whether material appealed to merely a prurient interest in sex, and whether it lacked serious artistic, literary, political or scientific merit. A) Osborne v. Ohio B) Engel v. Vitale C) Miller v. California D) Near v. Minnesota E) Federal Communications Commission v. Stern
answer
c
question
In Miller v. California (1971), the Court ruled that decisions regarding whether or not material was obscene should generally be made by A) Congress, through statutory law. B) lower federal judges as they see fit, but in conformance with the First Amendment. C) local communities, with some guidelines provided by the Court itself about how to make such judgments. D) the Supreme Court itself, on a case-by-case basis. E) individual persons in their own private lives.
answer
c
question
Miller v. California (1973) A) achieved a workable definition of legal obscenity. B) abolished pornographic material only when it involved children. C) resulted in uniform state laws regulating obscenity. D) stated that local communities should have more responsibility over deciding what constitutes obscenity. E) prohibited hanging as a cruel and unusual punishment.
answer
d
question
The Communications Decency Act banning obscene material and criminalizing the transmission of indecent speech or images to anyone under the age of 18 was A) affirmed by the Court. B) opposed by Christian groups. C) overturned by the Supreme Court. D) the first regulation of obscenity affirmed by the Court. E) none of the above.
answer
c
question
At the urging of feminists and conservative Christians, some cities have banned pornography on the grounds it dehumanizes and endangers women. How have the courts dealt with these bans? A) They have upheld them based on the Equal Protection Clause of the Fourteenth Amendment. B) They have refused to review them. C) They have struck them down as violations of the First Amendment. D) They have upheld them based on the First Amendment. E) The courts have been erratic, allowing some ordinances and revoking others.
answer
c
question
In the case of New York Times v. Sullivan (1964), the Supreme Court ruled that A) government officials cannot sue newspapers for libel since this would entail prior restraint of the press. B) the Pentagon Papers could be legally published despite the government's desire to keep the material secret. C) the publication of the Pentagon Papers could be legally barred as a matter of national security. D) statements made about political figures, however malicious, can never be deemed libelous. E) statements made about political figures are libelous only if made with malice and reckless disregard for the truth.
answer
e
question
The publication of statements known to be false that are malicious and tend to damage a person's reputation is called A) obscenity. B) symbolic. C) slander. D) libel. E) fraud.
answer
d
question
What happened when Jacksonville, Florida, tried to ban movies with nudity in them from being shown at drive-in theaters on grounds of obscenity? A) The Court upheld the ban to protect citizens' rights to privacy. B) The Supreme Court ruled that all nudity cannot be deemed obscene. C) The ban was upheld to help the community rid itself of a public nuisance and potential traffic hazard. D) The Court ruled that X-rated movies were protected under the First Amendment. E) a riot
answer
b
question
The principle that statements about public figures are libelous only if made with malice and reckless disregard for the truth was established in A) Texas v. Johnson. B) New York Times v. Sullivan. C) Osborne v. Ohio. D) the Anti-Defamation Act of 1952. E) Hustler Magazine v. Falwell.
answer
b
question
Which of the following statements regarding libel is FALSE? A) Public figures are protected against libel since publications must prove that what they wrote is true and not malicious. B) Libel cases are very difficult for public figures to win. C) Libel laws do inhibit the press to some extent. D) General William Westmoreland failed to prove libel. E) It is more difficult for a public figure than a private individual to win a libel suit.
answer
a
question
Wearing an arm band and burning a United States flag are examples of ________: actions that do not consist of speaking or writing but that express an opinion. A) commercial speech B) symbolic speech C) obscenity D) the free exercise clause E) unspoken speech
answer
b
question
Symbolic speech A) consists of speech criticizing the symbols of government. B) cannot be prohibited because it is too vague for government to legislate against. C) has been ruled as disruptive and as a criminal activity. D) consists of action that expresses an opinion. E) is prohibited under the First Amendment.
answer
d
question
Advertising is considered a form of ________, and, according to the decisions of the Supreme Court, is subject to greater restrictions on free speech than religious or political speech . A) symbolic speech B) paid speech C) imaged expression D) propaganda E) commercial speech
answer
e
question
Commercial speech on radio and television is regulated by A) state and local governments. B) no government agency, as such would be a violation of the freedom of speech. C) the Federal Communications Commission. D) the Federal Trade Commission. E) the Bureau of Consumer Affairs.
answer
d
question
One of the most regulated forms of speech is A) symbolic speech. B) obscenity. C) libel. D) unintended speech. E) commercial speech.
answer
e
question
The content and nature of radio and television broadcasting are regulated by A) the Public Broadcasting System. B) the Federal Communications Commission. C) the Federal Trade Commission. D) the Department of Commerce. E) no government agency, as any such regulation would be a violation of the freedoms of speech and the press.
answer
b
question
Which of the following statements concerning the public airways is FALSE? A) The FCC restricts the use of obscene words on public airways. B) The same restrictions that apply to radio and television also apply to newspapers. C) About two-thirds of American homes have cable TV. D) Cable television has fewer restrictions placed on them than the public airways. E) The Federal Communications Commission (FCC) regulates radio and television broadcasting.
answer
b
question
In 2000, the Supreme Court ruled that A) government had a legitimate interest in protecting sexually explicit material on cable stations. B) government had no right to regulate sexually explicit material on cable stations. C) government had a legitimate interest in prohibiting sexually explicit material on cable stations. D) government regulation of sexually explicit material on cable stations must be narrowly tailored to promote the government's interest in protecting children. E) government had a legitimate interest in protecting sexually explicit print material.
answer
d
question
The content, nature, and existence of radio and television broadcasting is regulated by A) the National Broadcasting Board. B) the states. C) Congress. D) the Federal Communications Commission. E) no one, because to do so would violate the freedom of the press as applied to broadcasters.
answer
d
question
Freedom of assembly includes the right to do all of the following EXCEPT A) riot. B) parade. C) protest. D) picket. E) demonstrate.
answer
a
question
In the case of ________, the Supreme Court ruled that requiring an organization to turn over its membership lists was an unconstitutional restriction on freedom of association. A) Planned Parenthood v. Casey B) NAACP v. Alabama C) Near v. Minnesota D) Mapp v. Ohio E) United States v. Communist Party
answer
b
question
Which of the following statements about freedom of assembly is FALSE? A) Freedom of assembly is often neglected alongside the great freedoms of speech, press, and religion. B) Without freedom of assembly we would not have the right to form political parties or interest groups. C) Freedom of assembly includes the right to assemble and the right to associate. D) Nazis have the constitutional right to march through a heavily Jewish community. E) Freedom of assembly allows groups to demonstrate at any time, at any place, or in any manner they wish.
answer
e
question
In the case of NAACP v. Alabama (1958), the Supreme Court ruled that A) Alabama could not require segregated schools. B) the First Amendment's freedom of assembly does not include freedom of association. C) the state of Alabama was unlawfully restricting the NAACP's freedom of association. D) picketing in residential neighborhoods can be restricted. E) the NAACP had to turn over its membership list to the government.
answer
c
question
In the case of the Nazis' proposed 1977 march on Skokie, a suburb north of Chicago with many Holocaust survivors which had denied the Nazis a permit to march, the Supreme Court, a year after the fact, let stand a lower court ruling that A) communities have the right to impose local standards on the right to march. B) Nazis and Communists are among a select list of groups that because of their anti-democratic nature are not protected by the First Amendment. C) the Nazis could only march if they publicly repudiated the murderous actions of the Nazis before and during WWII. D) certain groups are so predisposed to violence that their freedom of assembly is not guaranteed. E) no community could use its power to grant parade permits to stifle free expression or freedom of assembly.
answer
e
question
Most of the wording of the Bill of Rights concerns A) the rights of people accused of crimes. B) the right to bear arms. C) freedom of religion and the establishment clause. D) freedom of speech and freedom of the press. E) freedoms of expression.
answer
a
question
The rights of accused persons included in the Bill of Rights were originally intended to protect the accused in A) federal civil cases. B) federal criminal cases. C) local civil and criminal cases. D) political arrests and trials. E) police custody.
answer
d
question
Which of the following is an accurate statement about the Bill of Rights and its relevance to the stages of the criminal justice system? A) The rights of accused persons are protected up to the point of actual arrest. B) The rights of accused persons are protected up to the point of being convicted of a crime. C) The Bill of Rights does not apply to accused criminals. D) The rights of accused persons are protected up to the point of the trial itself. E) The rights of accused persons and convicted criminals are guaranteed at every stage, from gathering of evidence to the imposition of punishment.
answer
e
question
Unreasonable searches and seizures are specifically forbidden in the A) Sixteenth Amendment. B) Fifth Amendment. C) Second Amendment. D) Tenth Amendment. E) Fourth Amendment.
answer
e
question
To prevent abuse of police power, the Constitution requires that no court may issue ________ unless probable cause exists to believe that a crime has occurred or is about to occur. A) a writ of habeas corpus B) a prior restraint C) an exclusionary rule D) a search warrant E) any of the above
answer
d
question
Viewing the stages of the criminal justice system as a series of funnels of decreasing size tells us that A) most arrests result in a trial. B) most trials result in a guilty verdict. C) many more trials are held than prosecutions. D) the likelihood of being punished decreases as one moves through the system. E) many more arrests occur than trials.
answer
e
question
Unless they witness a crime, police officers cannot arrest a suspect without A) due process. B) a search warrant. C) informing them of their Miranda rights. D) probable cause. E) a writ of habeas corpus.
answer
d
question
Which of the following statements about the Bill of Rights and the rights of the accused is FALSE? A) The great majority of the words in the Bill of Rights deal with the rights of the accused rather than freedoms of expression. B) The Bill of Rights covers every stage of the criminal justice system. C) The language of the Bill of Rights regarding the rights of the accused is often vague. D) Defendants' rights are well-defined in the Bill of Rights. E) Most defendants' rights, as provided in the Bill of Rights, have been incorporated by the states.
answer
d
question
In the case of ________, the Supreme Court ruled that the protection against unreasonable search and seizure applied to the state and local governments, as well as the national government, thus nationalizing the exclusionary rule. A) Miranda v. Arizona B) Gideon v. Wainwright C) Roth v. United States D) United States v. New York E) Mapp v. Ohiols.
answer
e
question
Ever since 1914, the courts have used ________ to prevent illegally seized evidence from being introduced into the courtroom. A) prior restraint B) the Miranda rule C) probable cause D) search warrants E) an exclusionary rule
answer
e
question
The exclusionary rule, which was applied to state governments, as well as the federal government in Mapp v. Ohio (1961), meant that A) federal agents may make arrests for state crimes. B) state governments are excluded from prosecuting federal crimes. C) searches by police could not be made without a legal search warrant. D) probable cause must be established prior to arrest. E) unlawfully obtained evidence could not be used in court.
answer
e
question
The Fifth Amendment forbids A) cruel and unusual punishment. B) forced self-incrimination. C) illegal searches and seizures. D) the government establishment of a national religion. E) all of the above except D.
answer
b
question
The ________ Amendment forbids forced self-incrimination, stating that no person "shall be compelled to be a witness against himself." A) First B) Twenty-sixth C) Fifth D) Fourth E) Ninth
answer
c
question
In the case of Miranda v. Arizona, the Supreme Court ruled that A) illegally obtained evidence cannot be used in a trial. B) police must inform any suspect of a series of rights, including the constitutional right to remain silent. C) the death penalty could be imposed for the most extreme of crimes. D) defendants in all felony cases have a right to counsel, even if the state has to provide such legal assistance. E) the police must show probable cause before making an arrest.
answer
b
question
In what case did the Supreme Court rule that suspects must be told of their constitutional rights to remain silent, that what they say can be used against them, and of their right to have an attorney present during any questioning? A) Gideon v. Wainwright B) Near v. Minnesota C) Plucennik v. United States D) Miranda v. Arizona E) Mapp v. Ohio
answer
d
question
Which of the following is TRUE about the Supreme Court's decision in Miranda v. Arizona? A) Miranda's innocence or guilt was not at issue; his rights had been violated, so his conviction was overturned. B) The Court's decision greatly relieved members of police departments throughout the country. C) The Court ruled that Miranda was innocent, and Miranda later became a famous public defender in the local courts. D) The Court ruled that Miranda's constitutional rights had not been violated and that he could be legally executed. E) The Court concluded that Miranda was innocent, overturned his conviction, and ordered him freed from prison.
answer
a
question
Fifth Amendment protection against self-incrimination means that A) you have a right to confront witnesses against you. B) you can be granted immunity from prosecution in exchange for your testimony. C) as a defendant you have a right to counsel. D) you cannot be forced to be a witness against yourself. E) police officers may use whatever force is necessary to protect themselves from harm in arrest situations.
answer
d
question
Fifth Amendment rights were expanded to include guidelines for police interrogation procedures in the famous case of A) California v. Simpson. B) Dennis v. United States. C) Gideon v. Wainwright. D) Miranda v. Arizona. E) Mapp v. Ohio.
answer
d
question
The Miranda Rule A) has been strengthened by the Court in recent years. B) was openly welcomed by police departments throughout the country. C) has made police interrogations easier. D) was based on the probable cause clause of the Fourth Amendment. E) has required all police officers to inform accused persons of their rights.
answer
e
question
Today, courts must provide a lawyer for a defendant A) whenever imprisonment could be imposed. B) only in felony cases or where civil fines exceeding $10,000 could be levied. C) whenever they plead not guilty. D) only in capital cases where the punishment would be execution. E) immediately after being arrested.
answer
a
question
In the 1963 case of ________, the Supreme Court ruled that defendants in all felony cases had a right to counsel, and if they could not afford to hire a lawyer, one must be provided. A) Mapp v. Ohio B) Engel v. Vitale C) Gideon v. Wainwright D) Miranda v. Arizona E) National Bar Association v. United States
answer
c
question
According to the Constitution and the Bill of Rights, how many members should there be on a jury? A) a minimum of six B) a minimum of twelve C) between six and twelve D) a maximum of twelve E) no specifications are made as to jury size
answer
e
question
Most criminal cases are settled in A) the Supreme Court. B) plea bargaining. C) municipal and county courts. D) district court. E) the jury room.
answer
b
question
The Supreme Court case of Gideon v. Wainwright A) extended the right to counsel to everyone accused of a felony. B) prohibited government officials from issuing gag orders to the media. C) ruled that illegally seized evidence can not be used in court. D) gave only those accused of capital crimes the right to counsel. E) set guidelines for police questioning of suspects.
answer
a
question
The Sixth Amendment right to counsel in federal courts was expanded in the famous 1963 Supreme Court case of A) Gregg v. Georgia. B) Gideon v. Wainwright. C) Arizona v. the United States. D) Mapp v. Ohio. E) Miranda v. Arizona.
answer
b
question
Most cases are settled through A) plea bargaining. B) paupers' petitions. C) judicial tribunals. D) trial by a judge. E) trial by jury.
answer
a
question
The Eighth Amendment to the Constitution A) is the freedom of privacy. B) forbids cruel and unusual punishment. C) is the right to bear arms. D) grants women equal rights including the right to vote. E) protects freedom of assembly.
answer
b
question
What was the Supreme Court's decision in Hamdam v. Rumsfeld? A) Terrorists are not entitled to protection by the Bill of Rights. B) The procedures for trying prisoners at Guantanamo Bay, Cuba were insufficient for ensuring a fair trial. C) The Geneva Convention does not apply because the "enemy combatants" are not soldiers in a recognized army. D) The president has "inherent power" to fight the war on terror as he sees fit. Therefore, the president can establish judicial procedures on his own. E) all of the above
answer
b
question
Cruel and unusual punishment is forbidden by the A) self-incrimination clause. B) Sixth Amendment. C) Eighth Amendment. D) exclusionary clause. E) Fifth Amendment.
answer
c
question
The right to a "speedy trial" and the prohibition against "cruel and unusual punishment" A) are included in the Bill of Rights, but are rather vague and subject to the interpretation of the courts themselves. B) are so important that they were among the few civil liberties actually guaranteed by the original constitution. C) are not guaranteed by the Bill of Rights but, however vague in their wording, are considered vital to our court system. D) were ruled unconstitutional in 1976 because they were so ill-defined as to be meaningless. E) are included in the Bill of Rights, are self-evident, and have not required much court interpretation.
answer
a
question
In Gregg v. Georgia (1976), concerning applications of the Eighth Amendment, the Supreme Court ruled that A) only the federal government, and not the states, can impose the death penalty. B) execution by electrocution is cruel and unusual punishment. C) Georgia's death penalty law was "freakish" and "random." D) capital punishment is an extreme sanction, but it is suitable to the most extreme of crimes. E) the death penalty constitutes cruel and unusual punishment.
answer
d
question
Which of the following is NOT protected in the First Amendment? A) right to privacy B) right of people to petition the government for a redress of grievances C) no establishment of religion D) freedom of speech E) freedom of the presss
answer
a
question
Where is the right to privacy found in the Constitution? A) Tenth Amendment B) First Amendment C) Sixth Amendment D) Ninth Amendment E) none of the above
answer
e
question
Which of the following is NOT specifically stated in the Bill of Rights? A) right to privacy B) protection against double jeopardy C) right to bear arms D) freedom of speech E) All of these are specifically stated.
answer
a
question
In Roe v. Wade, the Supreme Court ruled that in the third trimester of pregnancy A) states can ban abortion except when the mother's health is in danger. B) states are prohibited from funding the abortions of poor women. C) states cannot ban abortion unless the mother's life is in danger. D) states cannot ban abortion. E) the federal government, but not the states, is prohibited from funding abortions for poor women.
answer
a
question
The Supreme Court's Roe v. Wade decision was issued in A) 1979. B) 1954. C) 1973. D) 1991. E) 1985.
answer
c
question
The Supreme Court ruled in its Roe v. Wade decision that A) each state and not the federal government has authority to determine whether to permit or prohibit abortion in that state. B) all restrictions on abortions at any stage of a pregnancy were a violation of a woman's right to privacy. C) abortion was murder. D) abortion was to be allowed only in cases of rape or incest, or when the life of the pregnant woman was in danger. E) abortion could not be prohibited by any state during the first trimester of pregnancy.
answer
e
question
Since its Roe v. Wade decision, the Supreme Court has A) generally moved to allow states more room to regulate abortions (e.g., waiting periods) than was true in Roe. B) not moved an inch from its dramatic original ruling. C) greatly extended the right of a woman to make her own decision about terminating her pregnancy. D) reversed itself within the last few years, and has now overturned the Roe decision. E) been silent on the politically divisive issue of abortion.
answer
a
question
The idea that the Constitution guarantees a right to privacy was first enunciated in A) Griswold v. Connecticut. B) Marbury v. Madison. C) Roe v. Wade. D) Webster v. Reproductive Health Services. E) Planned Parenthood v. Casey.
answer
a
question
The right to privacy was applied to the states by the Supreme Court case of A) Gitlow v. New York. B) Gitlow, Near & Mapp v. the States. C) Mapp v. Ohio. D) Near v. Minnesota. E) Griswold v. Connecticut.
answer
e
question
The most important application of privacy rights has come in the area of A) abortion. B) birth control. C) sexual preference. D) pornography. E) the death penalty.
answer
a
question
The Supreme Court case of Roe v. Wade (1973) ruled that A) abortions are not protected under the Constitution. B) a state cannot forbid abortions during the first trimester of pregnancy. C) a state cannot regulate abortions under any circumstances. D) family planning services cannot provide women any abortion counseling. E) states must permit abortions on demand during all nine months of pregnancy.
answer
b
question
The abortion decision in Roe v. Wade (1973) was justified by the Supreme Court largely on the grounds of A) the freedom of religion clause of the First Amendment. B) the free exercise clause of the First Amendment. C) the right of privacy implied in the Bill of Rights. D) our constitutional right to life. E) new advances in medical technology.
answer
c
question
In the 1992 case of Planned Parenthood v. Casey, the Supreme Court ruled that abortion A) could be completely outlawed by individual states. B) must be funded by state governments when the mother cannot afford it, or it would be a violation of the Equal Protection Clause. C) restrictions could be imposed by states if they did not involve "undue burdens" on the women seeking abortions. D) funding by any level of government was unconstitutional. E) was a fundamental right, and any restrictions on such a right had to be judged by a "strict scrutiny".
answer
c
question
In recent years, the Supreme Court has A) increased protection of women's physical access to abortion clinics. B) restricted women's physical access to abortion clinics. C) permitted states to close down increasing numbers of abortion clinics. D) prohibited demonstrations within sight of abortion clinics. E) done nothing to protect women's physical access to abortion clinics despite the calls of many women's groups.
answer
a
question
Which of the following statements about the Supreme Court and abortion is FALSE? A) The Supreme Court has forbidden any state regulation of abortion during the first trimester. B) The Supreme Court upheld a state law requiring teenagers to secure the consent of at least one parent before obtaining an abortion. C) The Court permits states to require a 24-hour waiting period before getting an abortion. D) The Court allows states to require a woman to give her husband advance notice of an abortion. E) The Supreme Court permits states to forbid the use of any state funds to pay for abortions.
answer
e
question
Civil liberties A) reflect the wishes of the majority. B) never conflict with each other. C) make government less democratic. D) limit what the majority can ask the government to do. E) were established in the 1960s.
answer
d
question
Civil liberties relating to defendants' rights have often been used to A) break up factions. B) enhance the power of the courts C) enhance diversity. D) protect individual rights. E) gain a plea bargain.
answer
d
question
In Planned Parenthood v. Casey, the Supreme Court A) struck down a law requiring minors to notify one or both parents or a judge before obtaining an abortion. B) changed its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits more regulation. C) specified that family planning services receiving federal funds could not provide women any counseling regarding abortion. D) affirmed a provision requiring a married woman to tell her husband of her intent to have an abortion. E) made abortions for minors illegal.
answer
b
