Question 1

Which of the following is NOT protected by the First Amendment?

Accepted Answer

A)  freedom of speech
B)  freedom of press
C)  freedom of assembly
D)  freedom of bearing arms
E)  freedom of religionF) B) and C)
G) B) and D)

Question 2

"You have the right to remain silent....Anything you say can and will be used against you in a court of law....You have the right to an attorney." This is called the

Accepted Answer

A)  preferred position doctrine.
B)  clear-and-present-danger test.
C)  Miranda warning.
D)  fairness doctrine.
E)  None of these answers is correct.F) D) and E)
G) C) and D) C

Question 3

Explain the concept of procedural due process and list several of the procedural rights protected by the Constitution.Do these rights apply to all levels of government? Explain.

Accepted Answer

Procedural due process refers to procedu...

Question 4

The freedoms of speech,press,assembly,and religion are found in

Accepted Answer

A)  the First Amendment.
B)  the Fourth Amendment.
C)  the Sixth Amendment.
D)  the Tenth Amendment.
E)  the Fourteenth Amendment.F) B) and D)
G) A) and B)

Question 5

What is the greatest restriction on appeals in the United States?

Accepted Answer

A)  the refusal by state appeals court judges to grant even a first appeal
B)  a federal law that bars in most instances a second federal appeal by a prisoner
C)  the lack of any formal right of appeal in the federal process
D)  a federal law that bars a first federal appeal to persons convicted of homicide
E)  the very low income of some convicted persons,which reduces their ability to appealF) A) and B)
G) None of the above

Question 6

In a 2004 case involving the issue of whether a U.S.citizen accused of terrorist acts is entitled to constitutional protections,the Supreme Court held that such citizens

Accepted Answer

A)  are protected only if they live in the United States.
B)  are protected only if they have not been previously convicted of a crime.
C)  are protected only if law enforcement officials decide they deserve such protections.
D)  must be handled by military courts.
E)  do have the right to challenge their own detentions in court.F) C) and D)
G) A) and B)

Question 7

Gideon v.Wainwright is to the Sixth Amendment as Mapp v.Ohio is to the

Accepted Answer

A)  First Amendment.
B)  Fourth Amendment.
C)  Fifth Amendment.
D)  Eighth Amendment.
E)  Tenth Amendment.F) C) and D)
G) A) and E) B

Question 8

When can police legally begin their interrogation of a suspect?

Accepted Answer

A)  immediately upon arrest
B)  after the suspect has been warned that his or her words can be used as evidence
C)  only after the suspect has met with an attorney
D)  after the suspect has been arrested and is in the custody of the police
E)  after the suspect has been formally charged with a specific crimeF) A) and B)
G) A) and C)

Question 9

What is meant by selective incorporation? Discuss the history of this process and its importance to the protection of individual rights.

Accepted Answer

Selective incorporation refers to the ab...

Question 10

In its 1969 Brandenburg v.Ohio ruling,the Supreme Court established the ________ test.

Accepted Answer

A)  imminent lawless action
B)  Lemon
C)  SLAPS
D)  clear-and-present-danger
E)  cry wolfF) B) and E)
G) A) and D) A

Question 11

Since the 1980s,the Supreme Court has addressed the exclusionary rule by

Accepted Answer

A)  expanding its application to virtually all criminal cases both at the state and federal levels.
B)  determining that the rule was unconstitutional,in that it weakened the effectiveness of the police in maintaining an orderly society.
C)  expanding its application to federal cases only.
D)  expanding its application to state cases only.
E)  None of these answers is correct.F) B) and E)
G) All of the above

Question 12

Discuss the differences between the First Amendment's establishment and free exercise clauses.

Accepted Answer

The establishment clause has been interp...

Question 13

Justice Holmes's clear-and-present-danger test holds that government can

Accepted Answer

A)  restrict speech that threatens national security.
B)  restrict any speech of an inflammatory nature.
C)  imprison political dissidents during times of war without following normal procedures.
D)  engage in prior restraint of the press whenever national security is at issue.
E)  restrict speech that is disrespectful to specific classes of citizens.F) A) and C)
G) C) and D)

Question 14

Government can lawfully prevent a political rally from taking place

Accepted Answer

A)  under no circumstances; people have an unconditional right to express their views.
B)  when the rally would require unduly expensive police protection.
C)  when the views of those holding the rally are unpopular.
D)  when it can demonstrate that harmful acts will necessarily result from the rally.
E)  None of these answers is correct.F) All of the above
G) B) and D)

Question 15

The Fourth Amendment protects Americans from

Accepted Answer

A)  any search conducted without a warrant.
B)  unreasonable searches.
C)  unreasonable searches conducted only by federal officers.
D)  all searches conducted by state officers.
E)  searches conducted only by local officers.F) A) and C)
G) None of the above

Question 16

The Miranda warning was strengthened by the Supreme Court in 2004 in

Accepted Answer

A)  Palko v.Connecticut.
B)  Stenberg v.Carhart.
C)  Reno v.ACLU.
D)  Ferguson v.Charleston.
E)  Missouri v.Siebert.F) C) and D)
G) A) and E)

Question 17

In Schenck v.United States (1919) ,the Supreme Court ruled that

Accepted Answer

A)  the Espionage Act was unconstitutional.
B)  speech could be restricted when the nation's security is at stake.
C)  speech unrelated to national security can never be restricted.
D)  speech by unpopular groups can be restricted more than speech by popular groups.
E)  all forms of political dissent are constitutional.F) B) and C)
G) A) and B)

Question 18

The Lemon test is designed to

Accepted Answer

A)  test a state's practice of guaranteeing procedural due process rights.
B)  ensure the secular nature of a government action or policy.
C)  prevent a prosecution or defense from creating a biased jury.
D)  test state adherence to rights protected by proxy in the Fourteenth Amendment.
E)  ensure that a defendant has been given access to counsel from the time of arrest through a trial.F) A) and D)
G) A) and E)

Question 19

The term civil liberties refers to specific individual rights that

Accepted Answer

A)  apply in civil cases but not in criminal cases.
B)  apply in civil cases but not in military ones.
C)  are constitutionally protected from infringement by government.
D)  are constitutionally protected from infringement by individuals.
E)  are not covered by the First Amendment.F) B) and D)
G) A) and C)

Question 20

How did the Supreme Court's position on the rights of the criminally accused in state courts change in the 1960s?

Accepted Answer

A)  The Supreme Court began to allow states greater freedom to interpret the rights of the accused.
B)  The Supreme Court began to dramatically reduce federal power to force the states to make special accommodations for the rights of accused minorities.
C)  The Supreme Court began to protect the rights of the accused from action by the states.
D)  The Supreme Court's position did not change noticeably.
E)  The Supreme Court ceased to enforce the practice of selective incorporation.F) A) and E)
G) B) and C)

Exam 4: Civil Liberties: Protecting Individual Rights

Which of the following is NOT protected by the First Amendment?

Correct AnswerverifiedShow Answer

"You have the right to remain silent....Anything you say can and will be used against you in a court of law....You have the right to an attorney." This is called the

Correct AnswerverifiedC

Explain the concept of procedural due process and list several of the procedural rights protected by the Constitution.Do these rights apply to all levels of government? Explain.

Correct AnswerverifiedProcedural due process refers to procedu...View AnswerShow Answer

The freedoms of speech,press,assembly,and religion are found in

Correct AnswerverifiedShow Answer

What is the greatest restriction on appeals in the United States?

Correct AnswerverifiedShow Answer

In a 2004 case involving the issue of whether a U.S.citizen accused of terrorist acts is entitled to constitutional protections,the Supreme Court held that such citizens

Correct AnswerverifiedShow Answer

Gideon v.Wainwright is to the Sixth Amendment as Mapp v.Ohio is to the

Correct AnswerverifiedB

When can police legally begin their interrogation of a suspect?

Correct AnswerverifiedShow Answer

What is meant by selective incorporation? Discuss the history of this process and its importance to the protection of individual rights.

Correct AnswerverifiedSelective incorporation refers to the ab...View AnswerShow Answer

In its 1969 Brandenburg v.Ohio ruling,the Supreme Court established the ________ test.

Correct AnswerverifiedA

Since the 1980s,the Supreme Court has addressed the exclusionary rule by

Correct AnswerverifiedShow Answer

Discuss the differences between the First Amendment's establishment and free exercise clauses.

Correct AnswerverifiedThe establishment clause has been interp...View AnswerShow Answer

Justice Holmes's clear-and-present-danger test holds that government can

Correct AnswerverifiedShow Answer

Government can lawfully prevent a political rally from taking place

Correct AnswerverifiedShow Answer

The Fourth Amendment protects Americans from

Correct AnswerverifiedShow Answer

The Miranda warning was strengthened by the Supreme Court in 2004 in

Correct AnswerverifiedShow Answer

In Schenck v.United States (1919) ,the Supreme Court ruled that

Correct AnswerverifiedShow Answer

The Lemon test is designed to

Correct AnswerverifiedShow Answer

The term civil liberties refers to specific individual rights that

Correct AnswerverifiedShow Answer

How did the Supreme Court's position on the rights of the criminally accused in state courts change in the 1960s?

Correct AnswerverifiedShow Answer

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C

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Procedural due process refers to procedu...
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B

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Selective incorporation refers to the ab...
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A

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The establishment clause has been interp...
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