Deck 5: Civil Liberties

Question 1

Today,compared to the number of countries around the world that allow it,almost three times as many countries have eliminated which of the following punishments for crime?

A)prison system
B)juvenile justice system
C)hard physical labor
D)capital punishment
E)corporal punishment

Answer 1

D

Question 2

A false written statement is __________; the same statement spoken aloud is __________.

A)defamation,slander
B)slander,libel
C)libel,defamation
D)libel,slander
E)slander,defamation

Answer 2

D

Question 3

Which rule bars the use of illegally seized evidence at trial?

A)double jeopardy
B)right to pay
C)prior restraint
D)exclusionary
E)hate speech

Answer 3

D

Question 4

Which U.S.Supreme Court case found that a woman's right to have an abortion is protected by the implied constitutional right to privacy?

A)Planned Parenthood of Southeastern Pennsylvania v.Casey
B)Lawrence v.Texas
C)Miranda v.Arizona
D)New York Times Co.v.Sullivan
E)Roe v.Wade

Question 5

Under Roe v.Wade,what rule applied to a woman who wanted an abortion in her first trimester?

A)She was completely free to obtain one.
B)She was banned from obtaining one.
C)The state could regulate or prohibit it consistent with its interest in protecting potential human life.
D)The state could regulate it consistent with its interest in maternal health.
E)The state could restrict it consistent with its interest in protecting potential life,even if it put an undue burden on the woman's right to obtain an abortion.

Question 6

Which amendment protects the right to bear arms?

A)First
B)Second
C)Third
D)Fourth
E)Fifth

Question 7

Profanity,obscenity,and threats are examples of which of the following?

A)hate speech
B)prior restraints
C)fighting words
D)free speech
E)free exercise

Question 8

Civil liberties are __________ that the government cannot take away.

A)property rights
B)personal freedoms
C)business rights
D)recognitions of equality
E)religious freedoms

Question 9

New York Times v.United States is the most famous case regarding which of the following?

A)hate speech
B)prior restraint
C)fighting words
D)libel
E)actual harm

Question 10

Article I of the Constitution prohibits which of the following,which make an act punishable as a crime even if the act was legal when it was committed?

A)writs of habeas corpus
B)bills of attainder
C)ex post facto laws
D)procedural guarantees
E)prior restraints

Question 11

The Constitution protects against search of an individual's person,home,or vehicle without __________.

A)due process
B)permission
C)a warrant
D)compensation
E)a good reason

Question 12

What did Abington School District v.Schempp find to be unconstitutional?

A)state-mandated Bible reading
B)forced sterilization
C)segregated education
D)discrimination against homosexuals
E)imprisonment without a trial

Question 13

What does the Sixth Amendment guarantee to those accused of a crime?

A)assistance of counsel
B)access to law books
C)a jury trial
D)assistance by the press
E)a written indictment

Question 14

The Bill of Rights is made up of the first __________ amendments to the U.S.Constitution.

A)three
B)five
C)seven
D)ten
E)twelve

Question 15

Which of the following generally is unconstitutional in school?

A)fighting
B)a weapon
C)free speech
D)prayer
E)punishment

Question 16

In Furman v.Georgia,which of the following did the Supreme Court declare unconstitutional?

A)the death penalty
B)flag burning
C)gun control laws
D)hate speech
E)abortion

Question 17

Selective incorporation makes the protections from the Bill of Rights applicable to the states through which of the following amendments?

A)Fourth
B)Fifth
C)Sixth
D)Tenth
E)Fourteenth

Question 18

The free exercise clause guarantees that the national government will not interfere with which of the following?

A)education
B)finance
C)business
D)speech
E)religion

Question 19

Which clause prevents the national government from sanctioning an official religion?

A)establishment
B)free exercise
C)full faith and credit
D)equal protection
E)due process

Question 20

In Roth v.U.S.,the U.S.Supreme Court held that material must be utterly without social importance in order to be considered __________.

A)illegal
B)obscene
C)hate speech
D)fighting words
E)a prior restraint

Question 21

Which test examines the constitutionality of religious establishments?

A)Orange
B)Lemon
C)Free Exercise
D)Prior Restraint
E)Due Process

Question 22

The Supreme Court has used selective incorporation to __________ the rights of states.

A)protect
B)limit
C)expand
D)define
E)enforce

Question 23

The doctrine of prior restraint prevents the government from prohibiting speech or publication __________.

A)that is obscene
B)after the fact
C)that is illegal
D)that is critical of the government
E)before the fact

Question 24

New rights not specifically listed in the Constitution can be discovered through which type of due process?

A)procedural
B)fundamental
C)conceptual
D)substantive
E)constitutional

Question 25

In the case of Citizens United v.FEC,the Supreme Court held that which amendment allows corporations to spend their funds to engage in independent campaigns for candidates?

A)First
B)Second
C)Fourth
D)Fifth
E)Sixth

Question 26

The Supreme Court briefly outlawed which of the following in the 1970s by asserting that it was being imposed in an arbitrary manner?

A)capital punishment
B)school prayer
C)access to court-appointed counsel
D)symbolic speech protection
E)the exclusionary rule

Question 27

The Supreme Court has ruled that states can limit abortions if the regulations do not pose which of the following?

A)a bar to equal protection
B)a due process violation
C)a prior restraint
D)an undue burden
E)a substantial inconvenience

Question 28

Which Supreme Court case developed the exclusionary rule?

A)Parker v.Gideon
B)New York Times Co.v.Sullivan
C)Mapp v.Ohio
D)Wolf v.Colorado
E)Gideon v.Wainwright

Question 29

What kind of speech is by its very utterance intended to inflict injury or incite an immediate breach of peace?

A)hate speech
B)symbolic speech
C)political speech
D)fighting words
E)obscenity

Question 30

Which of the following gives detainees a right to appear in court on formal charges except when the right is suspended to enhance public safety during times of rebellion or invasion?

A)due process
B)assistance of counsel
C)equal protection
D)habeas corpus
E)a bill of attainder

Question 31

Which Supreme Court case upheld an individual's right to have a gun in his or her home?

A)McDonald v.Chicago
B)Gideon v.Wainwright
C)Miranda v.Arizona
D)Mapp v.Ohio
E)Griswold v.Connecticut

Question 32

In matters of religion,the free exercise clause protects individuals from which of the following?

A)discrimination
B)persecution
C)governmental intrusion
D)segregation
E)dissenting opinions

Question 33

What type of due process protects citizens from arbitrary or unjust state or federal laws?

A)procedural
B)constitutional
C)substantive
D)individual
E)prospective

Question 34

The "right to remain silent" is a citizen's protection against which of the following?

A)governmental intrusion
B)search and seizure
C)religious establishment
D)a biased jury
E)self-incrimination

Question 35

If a police officer has a reasonable belief that someone is committing or about to commit a crime,that officer can stop and frisk the suspect without __________.

A)their consent
B)arresting them
C)a warrant
D)a witness
E)evidence

Question 36

A bill of attainder declares a person guilty of a crime and establishes punishment without which of the following?

A)a personal appearance
B)a judge
C)the court
D)evidence
E)a trial

Question 37

Miranda rights include the right to which of the following?

A)a phone call
B)due process
C)a jury trial
D)be free from search and seizure
E)counsel

Question 38

The USA PATRIOT Act enabled the government to do which of the following without judicial approval?

A)conduct searches and seizures
B)control the media
C)imprison citizens without trial
D)indict foreign enemies
E)control public schooling

Question 39

The Sixth Amendment sets out basic requirements for which type of due process?

A)civil
B)substantive
C)criminal
D)procedural
E)constitutional

Question 40

Near v.Minnesota was the first case in which the Supreme Court established its position on which of the following?

A)exclusionary rule
B)due process clause
C)prior restraint
D)free exercise clause
E)selective incorporation doctrine

Question 41

Which of the following is responsible for determining whether enough evidence exists to support a conviction against a criminal defendant?

A)trial court
B)defense attorney
C)prosecutor
D)legislature
E)jury

Question 42

Which of the following is an example of procedural due process?

A)the right to bear arms
B)the right to a speedy trial
C)the right to free speech
D)the right to practice religion
E)the right to vote

Question 43

The Supreme Court decision in Citizens United v.FEC rested on a case thirty years before,Buckley v.Valeo,that held which of the following?

A)Political speech can be restricted because it is manipulative.
B)Money is the equivalent of free speech.
C)Campaign contributions of all kinds are equally protected.
D)Core political speech is the equivalent of pornography.
E)Campaign involvement by corporations is prohibited.

Question 44

In Buckley v.Valeo,the Supreme Court determined that in political campaigns __________ is the equivalent of speech.

A)press
B)exposure
C)religion
D)power
E)money

Question 45

Substantive due process created a standard whereby the states had a legal burden to prove that their laws were which of the following?

A)a valid exercise of power
B)fairly applied to all citizens
C)consistent with the First Amendment
D)consistent with federal regulations
E)similar to one another

Question 46

Which of the following Supreme Court Cases applied selective incorporation?

A)Barron v.Baltimore
B)Roe v.Wade
C)New York Times Co.v.Sullivan
D)Gitlow v.New York
E)Miranda v.Arizona

Question 47

During World War I and at other times prior to 1919,speech that advocated criminal conduct was itself deemed criminal under what standard?

A)preferred position
B)bad tendency
C)gravity of the danger
D)clear and present danger
E)category of speech

Question 48

In Barron v.Baltimore,the Supreme Court held that the Bill of Rights limits __________,not __________,action.

A)federal,state
B)state,federal
C)state,local
D)local,state
E)federal,local

Question 49

During World War I,the Supreme Court upheld the Espionage Act by ruling that Congress has a right to restrict speech that __________.

A)is critical of the government
B)is a prior restraint
C)creates a clear and present danger
D)qualifies as hate speech
E)is symbolic but obscene

Question 50

Through 1938,the federal government criminalized the distribution of which of the following?

A)religious materials
B)birth control
C)abortions
D)weapons
E)drugs

Question 51

In recent years,the Supreme Court has struggled to address __________ on the Internet in a First Amendment context.

A)slander
B)libel
C)hate speech
D)obscenity
E)fighting words

Question 52

The prohibition on cruel and unusual punishment comes from which of the following amendments?

A)First
B)Second
C)Fifth
D)Sixth
E)Eighth

Question 53

Shouting profanities in public is an example of __________,which is not protected speech.

A)hate speech
B)fighting words
C)obscenity
D)libel
E)slander

Question 54

What standard did the Supreme Court use in Dennis v.United States to approve convictions of leaders of the Communist Party based on their violation of the Smith Act?

A)preferred position
B)gravity of the danger
C)category of speech
D)clear and present danger
E)bad tendency

Question 55

Which type of speech has gained growing protection from the courts because it,like political speech,transmits information?

A)student speech by minors
B)commercial speech
C)inflammatory words
D)defamation
E)compelled speech

Question 56

The Supreme Court has allowed great flexibility in how states apply the protections of the Bill of Rights except when a right is closely linked to which of the following?

A)the Fourteenth Amendment
B)medical malpractice
C)human autonomy and liberty
D)corporate rights
E)equal rights

Question 57

Which of the following could pass muster and not be considered obscenity under the Roth test?

A)child pornography
B)nude images
C)film
D)hardcore pornography
E)profane language

Question 58

Although the speech in question was suppressed,the Court in Gitlow v.New York held that not all forms of __________ can be limited.

A)hate speech
B)symbolic speech
C)political speech
D)fighting words
E)obscenity

Question 59

Which of the following created the right to privacy?

A)the Bill of Rights
B)the Constitution
C)the executive branch
D)the legislature
E)the judiciary

Question 60

Which of the following rights has the Supreme Court found to be one of the penumbra of unstated liberties linked to explicitly stated rights?

A)right to marry
B)right to travel
C)right to vote
D)right to privacy
E)right to have a family

Question 61

The exclusionary rule prohibits police from using illegally seized evidence at trial.

Question 62

The Supreme Court's most recent approach to deciding free exercise of religion cases uses the __________ test,which declares that in some cases a government law or action that burdens religion is constitutional,even if there is no compelling government interest at stake.

Question 63

Writs of habeas corpus are laws declaring an act illegal without a judicial trial.

Question 64

In the 1970s,the Supreme Court ended __________ because it was being imposed arbitrarily,but it was later reinstated.

Question 65

Commercial speech is constitutionally protected.

Question 66

The preferred position means that First Amendment freedoms should only be abridged with great reluctance.

Question 67

Planned Parenthood v.Casey held that a state court could limit abortions as long as the regulation did not pose an undue burden on pregnant women.

Question 68

__________ include profanity,obscenity,and threats.

Question 69

Most developed countries use some form of the death penalty.

Question 70

In recent years,the Supreme Court has __________ constraints on aid to parochial schools and voucher programs.

Question 71

Slander is a false written statement that defames the character of a person.

Question 72

The free exercise clause guarantees that the government will not interfere with the practice of religion.

Question 73

Cross burning is not constitutionally protected symbolic speech.

Question 74

The Fourteenth Amendment suggests that the protections in the Bill of Rights could be interpreted as applying to the states.

Question 75

After Gideon v.Wainwright,the Sixth Amendment has been interpreted to guarantee a right to counsel to all criminal defendants,regardless of indigence.

Question 76

The Supreme Court used the example of a man who falsely shouts fire in a theatre and causes a panic to illustrate that certain kinds of speech are not constitutionally protected in any circumstance.

Question 77

In Abington School District v.Schempp,the Court ruled that state-mandated Bible readings were constitutional under the free exercise clause.

Question 78

The Second Amendment right to bear arms was originally considered a collective guarantee of self-defense and only recently has been seen as an individual right.

Question 79

The neutrality test declares that a government law or action with a neutral intent and application is constitutional.

Question 80

One prong of the Lemon test is that the law has a __________ secular purpose.