Question 1

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 2

According to the Supreme Court,prior restraint on the press is only acceptable if

Accepted Answer

A)   lower federal courts approve the action.
B)   the government can clearly justify the restriction.
C)   the press itself willingly accepts that restraint.
D)   the press is careless in its claims.
E)   the press is malicious in its intent.F) C) and D)
G) A) and C)

Question 3

According to the Supreme Court,prayer in public schools violates

Accepted Answer

A)   the free exercise clause.
B)   the establishment clause.
C)   the exclusionary rule.
D)   procedural due process.
E)   the clear and present danger test.F) A) and B)
G) All of the above

Question 4

In 2007 the Supreme Court reversed its stance on partial-birth abortion,largely due to the replacement of Sandra Day O'Connor with

Accepted Answer

A)   Samuel Alito.
B)   Anthony Kennedy.
C)   Ruth Bader Ginsburg.
D)   William Rehnquist.
E)   Antonin Scalia.F) B) and E)
G) A) and B)

Question 5

According to the Supreme Court,what is the status of prayer in the public schools?

Accepted Answer

A)   Formal prayer is not allowed, but moments of silence are constitutional.
B)   State-supported prayers are not allowed in public schools.
C)   Prayer is now allowed, but each school must allow students to leave the classroom when prayers are read aloud.
D)   Bible readings in public schools are constitutional.
E)   Student-led prayers at public school football games are constitutional.F) None of the above
G) A) and D)

Question 6

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 state prison inmate
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 homicides
E)   the very low income of some convicted persons, which reduces their ability to appealF) A) and B)
G) A) and C)

Question 7

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.
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) None of the above
G) A) and D)

Question 8

The USA Patriot Act

Accepted Answer

A)   grants the government new powers of surveillance.
B)   relaxed restrictions on the sharing of intelligence surveillance information with criminal investigators.
C)   gives intelligence agencies the authority to share crime-related information with law enforcement agencies.
D)   was enacted in response to the terrorist attacks of September 11, 2001.
E)   All these answers are correct.F) A) and B)
G) C) and D)

Question 9

The inevitable discovery exception

Accepted Answer

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

Question 10

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 D)
G) C) and D)

Question 11

In Planned Parenthood v.Casey (1992) ,the justices

Accepted Answer

A)   ruled that states are free to adopt abortion laws of their choosing.
B)   reaffirmed the essential aspects of Roe v. Wade.
C)   invoked the Ninth Amendment for the first time in an abortion decision.
D)   invalidated the right to an abortion in the early months of pregnancy.
E)   None of these answers is correct.F) A) and E)
G) B) and D)

Question 12

Justice Stone argued in 1938 that

Accepted Answer

A)   citizens should have priority over non-citizens in the legal system.
B)   First Amendment rights are the basis of most other rights.
C)   the interests of the majority are more important than the rights of the individual.
D)   the requirements of national security take precedence over freedom of expression.
E)   the Bill of Rights should be fully applied to the states.F) B) and E)
G) A) and E)

Question 13

Which constitutional amendment protects the individual against self-incrimination?

Accepted Answer

A)   First
B)   Second
C)   Fourth
D)   Fifth
E)   NinthF) A) and E)
G) A) and D)

Question 14

How did the Supreme Court's position on the rights of the 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 position did not change noticeably.
E)   The Supreme Court ceased to enforce the practice of selective incorporation.F) C) and D)
G) A) and D)

Question 15

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) C) and D)
G) B) and E)

Question 16

Spoken words that are known to be false and harmful to a person's reputation are an example of

Accepted Answer

A)   libel.
B)   slander.
C)   blasphemy.
D)   obscenity.
E)   symbolic speech.F) A) and B)
G) C) and E)

Question 17

The Supreme Court has reasoned that a right of privacy is provided by

Accepted Answer

A)   the Civil Rights Act of 1964.
B)   the Ninth Amendment, which says that people's rights are not limited to those enumerated in the Constitution.
C)   the Tenth Amendment, which reserves to the people and the states those powers not granted to the federal government.
D)   the implication of said right by the freedoms in the Bill of Rights.
E)   the Civil Rights Act of 1991.F) C) and D)
G) D) and E)

Question 18

The establishment clause prohibits government from

Accepted Answer

A)   establishing exceptions to the Bill of Rights.
B)   establishing exceptions to the Fourteenth Amendment.
C)   favoring one religion over another or supporting religion over no religion.
D)   interfering with freedom of assembly.
E)   interfering with the right to bear arms.F) B) and C)
G) All of the above

Question 19

Which of the following is true of the appeal process?

Accepted Answer

A)   The Constitution guarantees at least one appeal after conviction, but many states continue to challenge this guarantee in court.
B)   Both the federal and all state constitutions guarantee an appeal after conviction.
C)   The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
D)   There are no guarantees of appeal at the federal or state level, but the appeal process has been effectively certified through common practice.
E)   The guarantee of appeal in the states was established as part of selective incorporation as applied to the Fourteenth Amendment.F) A) and E)
G) All of the above

Question 20

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) B) and D)

Exam 4: Civil Liberties: Protecting Individual Rights

In 2007 the Supreme Court reversed its stance on partial-birth abortion,largely due to the replacement of Sandra Day O'Connor with

Correct AnswerverifiedShow Answer

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 inevitable discovery exception

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According to the Supreme Court,prior restraint on the press is only acceptable if

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According to the Supreme Court,prayer in public schools violates

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Spoken words that are known to be false and harmful to a person's reputation are an example of

Correct AnswerverifiedShow Answer

In Planned Parenthood v.Casey (1992) ,the justices

Correct AnswerverifiedShow Answer

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

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The USA Patriot Act

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

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According to the Supreme Court,what is the status of prayer in the public schools?

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Which constitutional amendment protects the individual against self-incrimination?

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When can police legally begin their interrogation of a suspect?

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Which of the following is true of the appeal process?

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

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The establishment clause prohibits government from

Correct AnswerverifiedShow Answer

Justice Stone argued in 1938 that

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The Supreme Court has reasoned that a right of privacy is provided by

Correct AnswerverifiedShow Answer

The Lemon test is designed to

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Procedural due process refers to procedu...
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