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Ch4 #1-31

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Quiz on Ch4 #1-31, created by c2c0b5e2 on 29/06/2014.
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Question 1

Question
The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by
Answer
  • actions of the president.
  • the actions of individuals.
  • actions of the federal government.
  • actions of state and local governments.
  • actions of the U.S. military.

Question 2

Question
The term civil liberties refers to specific individual rights that
Answer
  • apply in civil cases but not in criminal cases.
  • apply in civil cases but not in military ones.
  • are constitutionally protected from infringement by government.
  • are constitutionally protected from infringement by individuals.
  • are not covered by the First Amendment.

Question 3

Question
The individual right that is widely regarded as the most basic of individual rights is
Answer
  • the right to an attorney.
  • freedom of expression.
  • the right to a jury trial.
  • the right to an adequate education.
  • protection against illegal searches and seizures.

Question 4

Question
Justice Holmes's "clear and present danger" test holds that government can
Answer
  • restrict speech that threatens national security.
  • restrict any speech of an inflammatory nature.
  • imprison political dissidents during time of war without following normal procedures.
  • engage in prior restraint of the press whenever national security is at issue.
  • restrict speech that is disrespectful to specific classes of citizens.

Question 5

Question
Like all other rights, the right of free expression is
Answer
  • spelled out in precise terms in the Bill of Rights.
  • not absolute.
  • fully respected by public officials.
  • protected from action by federal officials but not state officials.
  • None of these answers is correct.

Question 6

Question
The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right
Answer
  • not to incriminate oneself.
  • of free speech.
  • to a jury trial.
  • to confront one's accusers in a court of law.
  • to worship any religion of choice.

Question 7

Question
Justice Stone argued in 1938 that
Answer
  • citizens should have priority over non-citizens in the legal system.
  • First Amendment rights are the basis of most other rights.
  • the interests of the majority are more important than the rights of the individual.
  • the requirements of national security take precedence over freedom of expression.
  • the Bill of Rights should be fully applied to the states.

Question 8

Question
The Supreme Court's position on prior restraint of the press is that
Answer
  • national security needs are of highest priority.
  • only classified government documents are subject to prior restraint.
  • prior restraint can never be exercised by government.
  • 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.
  • prior restraint should be used fairly frequently in a democracy.

Question 9

Question
Government can lawfully prevent a political rally from taking place
Answer
  • under no circumstances; people have an unconditional right to express their views.
  • when the rally would require unduly expensive police protection.
  • when the views of those holding the rally are unpopular.
  • when it can demonstrate that harmful acts will necessarily result from the rally.
  • None of these answers is correct.

Question 10

Question
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
Answer
  • the preferred position doctrine.
  • procedural change.
  • selective incorporation.
  • the absorption doctrine.
  • prior restraint.

Question 11

Question
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
Answer
  • the preferred position doctrine.
  • procedural change.
  • selective incorporation.
  • the absorption doctrine.
  • prior restraint.

Question 12

Question
Spoken words that are known to be false and harmful to a person's reputation are an example of
Answer
  • libel.
  • slander.
  • blasphemy.
  • obscenity.
  • symbolic speech.

Question 13

Question
Which of the following is correct with regard to obscenity and the law?
Answer
  • Obscenity is not protected by the First Amendment.
  • Obscenity is never unlawful.
  • Child pornography is protected by the First Amendment.
  • Obscenity has been easy for courts to define with precision.
  • Obscenity is protected under the Ninth Amendment.

Question 14

Question
The establishment clause prohibits government from
Answer
  • establishing exceptions to the Bill of Rights.
  • establishing exceptions to the Fourteenth Amendment.
  • favoring one religion over another or supporting religion over no religion.
  • interfering with freedom of assembly.
  • interfering with the right to bear arms.

Question 15

Question
The Supreme Court upheld the use of tax-supported vouchers to attend private or parochial school in
Answer
  • Engel v. Vitale.
  • Griswold v. Connecticut.
  • Zelman v. Simmons-Harris.
  • Ashcroft v. Free Speech Coalition.
  • Miller v. California.

Question 16

Question
According to the Supreme Court, prayer in public schools violates
Answer
  • the free exercise clause.
  • the establishment clause.
  • the exclusionary rule.
  • procedural due process.
  • the clear and present danger test.

Question 17

Question
According to the Supreme Court, prayer in public schools violates
Answer
  • the free exercise clause.
  • the establishment clause.
  • the exclusionary rule.
  • procedural due process.
  • the clear and present danger test.

Question 18

Question
In 2007 the Supreme Court reversed its stance on partial-birth abortion, largely due to the replacement of Sandra Day O'Connor with
Answer
  • Samuel Alito.
  • Anthony Kennedy.
  • Ruth Bader Ginsburg.
  • William Rehnquist.
  • Antonin Scalia.

Question 19

Question
The exclusionary rule states that
Answer
  • federal law cannot be applied in state courts.
  • the laws of one state court cannot be applied in the courts of another state.
  • after seven years, the statute of limitations applies, except in murder cases.
  • evidence obtained illegally is inadmissible in court.
  • state law cannot be applied in federal courts.

Question 20

Question
In Mapp v. Ohio, the selective incorporation process was extended to include
Answer
  • criminal proceedings in the states.
  • civil cases.
  • pleas of insanity.
  • children (minors) accused of crime.
  • indigent litigants.

Question 21

Question
In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether
Answer
  • governments had observed procedural guarantees.
  • those convicted are actually guilty.
  • those convicted have the opportunity for appeal.
  • those convicted are treated humanely while imprisoned.
  • everyone is treated fairly in every case.

Question 22

Question
Which of the following is true of the appeal process?
Answer
  • The Constitution guarantees at least one appeal after conviction, but many states continue to challenge this guarantee in court.
  • Both the federal and all state constitutions guarantee an appeal after conviction.
  • The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
  • There are no guarantees of appeal at the federal or state level, but the appeal process has been effectively certified through common practice.
  • The guarantee of appeal in the states was established as part of selective incorporation as applied to the Fourteenth Amendment.

Question 23

Question
The Supreme Court has reasoned that a right of privacy is provided by
Answer
  • the Civil Rights Act of 1964.
  • the Ninth Amendment, which says that people's rights are not limited to those enumerated in the Constitution.
  • the Tenth Amendment, which reserves to the people and the states those powers not granted to the federal government.
  • the implication of said right by the freedoms in the Bill of Rights.
  • the Civil Rights Act of 1991.

Question 24

Question
The right to privacy was instrumental in which decision?
Answer
  • Roe v. Wade
  • Mapp v. Ohio
  • Schenck v. United States
  • Miranda v. Arizona
  • New York Times Co. v. United States

Question 25

Question
In Planned Parenthood v. Casey (1992), the justices
Answer
  • ruled that states are free to adopt abortion laws of their choosing.
  • reaffirmed the essential aspects of Roe v. Wade.
  • invoked the Ninth Amendment for the first time in an abortion decision.
  • invalidated the right to an abortion in the early months of pregnancy.
  • None of these answers is correct.

Question 26

Question
In Bowers v. Hardwick (1986), the Supreme Court justices determined that
Answer
  • the right of privacy includes abortion in the early months of pregnancy.
  • search warrants are not needed in murder investigations.
  • freedom of speech and freedom of assembly sometimes conflict.
  • state militia members have the right to peacefully assemble.
  • the right to privacy does not include homosexual acts.

Question 27

Question
What is the greatest restriction on appeals in the United States?
Answer
  • the refusal by state appeals court judges to grant even a first appeal
  • a federal law that bars in most instances a second federal appeal by a state prison inmate
  • the lack of any formal right of appeal in the federal process
  • a federal law that bars a first federal appeal to persons convicted of homicides
  • the very low income of some convicted persons, which reduces their ability to appeal

Question 28

Question
The inevitable discovery exception
Answer
  • holds that the exclusionary rule can be waived in cases where failure to convict can lead to further public harm.
  • holds that otherwise excludable evidence can be admitted in trial if police believed they were following the proper procedures.
  • allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence.
  • has effectively invalidated the exclusionary rule.
  • holds that a convicted person may not appeal the conviction when his or her own actions would have ultimately led to further unlawful acts.

Question 29

Question
The Fourth Amendment protects Americans from
Answer
  • any search conducted without a warrant.
  • unreasonable searches.
  • unreasonable searches conducted only by federal officers.
  • all searches conducted by state officers.
  • searches conducted only by local officers.

Question 30

Question
Voluntary school prayer in the public schools was ruled unconstitutional in
Answer
  • Escobedo v. Illinois (1964).
  • Engel v. Vitale (1962).
  • Buckley v. Valeo (1976).
  • Gitlow v. New York (1925).
  • Roth v. United States (1957).

Question 31

Question
Which of the following, relative to the others, is typically more protective of individual rights?
Answer
  • the U.S. Congress
  • the general public
  • public opinion
  • the presidency
  • the judiciary

Question 32

Question
The freedoms of speech, press, assembly, and petition are found in
Answer
  • the First Amendment.
  • the Fourth Amendment.
  • the Sixth Amendment.
  • the Tenth Amendment.
  • the Fourteenth Amendment.

Question 33

Question
Which of the following is true about the Sedition Act of 1798?
Answer
  • The Act prohibited malicious newspaper stories about the president.
  • The Supreme Court ruled the Act unconstitutional.
  • The Senate voted it down, while the House passed it.
  • Thomas Jefferson strongly supported it.
  • The state governments refused to enforce it.
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