practice quiz 5

Question 1

The free exercise clause

Answer 1

allows individuals to practice their religion without government coercion.

Question 2

The USA Patriot Act made it easier for

Answer 2

the government to investigate and arrest suspected terrorists.

Question 3

A writ of habeas corpus is an order that requires

Answer 3

jailers to bring a prisoner before a court and explain why they are being held.

Question 4

The part of the First Amendment prohibiting the establishment of a church officially supported by the national government is called the

Answer 4

establishment clause.

Question 5

The original U.S. Constitution did not include a specific listing of civil rights and liberties, according to most historians, because

Answer 5

the framers felt it was unnecessary.

Question 6

The phrase “wall of separation of Church and State”

Answer 6

was used by Thomas Jefferson, and refers to the establishment clause.

Question 7

The Constitution prohibits _______________ laws, which make something a crime after the act was committed.

Answer 7

ex post facto

Question 8

As originally intended, the Bill of Rights

Answer 8

limited only the power of the national government, not that of the states.

Question 9

In the area of freedom of speech, which of the following is NOT true?

Answer 9

The Supreme Court ruled that universities may not impose mandatory student activity fees.

Question 10

Civil liberties differ from civil rights because civil liberties refer to protection

Answer 10

from government action, not from other citizens.

Question 11

As originally written, the Bill of Rights limited the activities of:

Answer 11

the national government, not the state governments.

Question 12

According to the clear and present danger test, expression could be restricted if

Answer 12

evidence exists that such expression would cause a dangerous condition that Congress has the power to prevent.

Question 13

The free exercise clause guarantees

Answer 13

the free exercise of religion.

Question 14

The Court decision that mandated that suspects must be advised of their rights was

Answer 14

Miranda v. Arizona.

Question 15

The Constitution protects the right to:

Answer 15

All of the above

Question 16

The death penalty may be imposed only by

Answer 16

a jury or a judge acting upon the recommendation of a jury.

Question 17

In Engel v. Vitale (1962), the Supreme Court ruled that the Regents’ Prayer used in New York public schools was unconstitutional because

Answer 17

it is no part of the business of government to compose official prayers.

Question 18

A defendant’s pretrial rights include all of the following EXCEPT

Answer 18

negotiable bail.

Question 19

In Roe, the Court ruled states can prohibit abortion altogether in the ____ trimester(s)?

Answer 19

third

Question 20

Obscenity was legally defined by Chief Justice Burger in

Answer 20

Miller v. California.

Question 21

The type of media that has the least First Amendment protection is

Answer 21

radio and television broadcasting.

Question 22

Slander is

Answer 22

the public uttering of a false statement that harms the good reputation of another.

Question 23

In the 1971 Supreme Court case Lemon v. Kurtzman, the Court ruled that direct state aid could NOT be used to

Answer 23

subsidize religious instruction.

Question 24

Griswold v. Connecticut (1965), which challenged a Connecticut statute making the use of birth control devices a crime, established the principle that

Answer 24

the Bill of Rights as a whole creates a zone of personal privacy or autonomy.

Question 25

Supreme Court rulings involving the establishment clause most often focus on

Answer 25

aid to religious schools and public school prayer.

Question 26

To be considered obscene, a work must

Answer 26

lack serious redeeming literary, artistic, political, or scientific merit.

Question 27

In Griswold v. Connecticut, a 1965 case involving the legality of contraceptives, the Supreme Court

Answer 27

held that the law prohibiting contraceptives violated the right to privacy.

Question 28

Gag orders have been used to

Answer 28

restrict the publication of news about a pretrial hearing.

Question 29

If the police conduct a search later found to be unconstitutional, the _______________ holds that evidence collected during the search cannot be used in trial.

Answer 29

exclusionary rule

Question 30

Where in the Constitution are civil liberties protected?

Answer 30

first ten amendments

Question 31

The potential for the application of the Bill of Rights to the states began with the passage of the _______________ Amendment in 1868, which adds several restrictions on what the states can do.

Answer 31

14th

Question 32

In Roe v. Wade, the Supreme Court

Answer 32

extended privacy rights to cover abortion.

Question 33

Those who read the First Amendment as banning government involvement in all religious affairs advocate

Answer 33

a wall of separation between church and state.

Question 34

The First Amendment, written in absolute terms, is more likely to be subject to the myth of guarantees

Answer 34

of absolute liberty.

Question 35

Not until 1925, in Gitlow v. New York, did the Supreme Court hold that the Fourteenth Amendment protected ______ from state infringement.

Answer 35

the freedom of speech

Question 36

For a public official to obtain damages under libel laws, he or she must

Answer 36

prove the statement was made with actual malice.

Question 37

Before the latter half of the nineteenth century, abortion was

Answer 37

not a criminal offense before the first movement of the fetus in the uterus.

Question 38

Nonverbal activities that convey a political message such as saluting the flag, burning the flag, or burning draft cards are referred to as:

Answer 38

symbolic speech.

Question 39

Prior restraint is defined as

Answer 39

restraining an activity before that activity has actually occurred.

Question 40

State and local attempts to forbid the teaching of evolution in schools

Answer 40

have not passed constitutional muster in the eyes of the Supreme Court.

Question 41

Defamation of character is defined as

Answer 41

wrongfully hurting a person’s good reputation.

Question 42

Civil liberties

Answer 42

restrain the actions of government against individuals.

Question 43

Under what conditions is prayer permitted in public schools?

Answer 43

If the prayer takes place outside instructional hours and is not sponsored by the school

Question 44

An individual’s trial rights include all of the following EXCEPT

Answer 44

the right not to be subject to lengthy questioning.

Question 45

Libel is

Answer 45

defamation in writing.

Question 46

Freedom of speech, freedom of religion, and freedom of the press are

Answer 46

civil liberties.

Question 47

The Fourteenth Amendment does all of the following EXCEPT

Answer 47

states that the right to vote shall not be denied or abridged on account of race.

Question 48

Most protections in the Bill of Rights now apply to the states as a result of the Supreme Court's interpretation of the ____ clause.

Answer 48

due process

Question 49

The incorporation theory refers to

Answer 49

the view that most protections of the Bill of Rights apply to state and local governments through the Fourteenth Amendment.

Question 50

Symbolic speech is

Answer 50

expression made through nonverbal communication.

Question 51

The New York Times v. United States case

Answer 51

affirmed the no-prior-restraint doctrine.

Question 52

If police officers were searching everyone leaving a video store and they had no search warrant, you could refuse to be searched on the basis of your constitutional rights guaranteed by which amendment?

Answer 52

Fourth