Civil Liberties Protecting Test Bank + Answers Chapter.4 13e

We The People, 13e (Patterson)

Chapter 4 Civil Liberties: Protecting Individual Rights

1) The term civil liberties refers to specific individual rights that

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.

2) The individual right that is the most basic of democratic rights is

A) the right to an attorney.

B) freedom of expression.

C) the right to a jury trial.

D) the right to an adequate education.

E) protection against illegal searches and seizures.

3) Which constitutional amendment protects the individual against self-incrimination?

A) First

B) Second

C) Fourth

D) Fifth

E) Ninth

4) Like all other rights, the right of free expression is

A) spelled out in precise terms in the Bill of Rights.

B) not absolute.

C) fully respected by public officials.

D) protected from action by federal officials but not state officials.

E) None of these answers is correct.

5) The right to an attorney is guaranteed by the ________ Amendment.

A) First

B) Fifth

C) Sixth

D) Ninth

E) Tenth

6) Which of the following amendments contains a due process clause?

A) First

B) Tenth

C) Third

D) Fourteenth

E) Twenty-First

7) The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by

A) actions of the president.

B) the actions of individuals.

C) actions of the federal government.

D) actions of state and local governments.

E) actions of the U.S. military.

8) The inclusion of certain provisions of the Bill of Rights through the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called

A) the preferred position doctrine.

B) procedural change.

C) selective incorporation.

D) the absorption doctrine.

E) prior restraint.

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

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.

10) In Mapp v. Ohio, the selective incorporation process was extended to include

A) criminal proceedings in the states.

B) civil cases.

C) pleas of insanity.

D) children (minors) accused of crime.

E) indigent litigants.

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

A) First Amendment.

B) Fourth Amendment.

C) Fifth Amendment.

D) Eighth Amendment.

E) Tenth Amendment.

12) According to Freedom House, which of the following countries has the highest degree of freedom?

A) Japan

B) Mexico

C) Guatemala

D) Russia

E) United States

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

A) the First Amendment.

B) the Fourth Amendment.

C) the Sixth Amendment.

D) the Tenth Amendment.

E) the Fourteenth Amendment.

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

A) freedom of speech

B) freedom of press

C) freedom of assembly

D) freedom of bearing arms

E) freedom of religion

15) Which of the following is true about the Sedition Act of 1798?

A) The Act prohibited malicious newspaper stories about the president.

B) The Supreme Court ruled the Act unconstitutional.

C) The Senate voted it down, while the House passed it.

D) Thomas Jefferson strongly supported it.

E) The state governments refused to enforce it.

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

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.

17) If a person yells "Fire!" in a crowded theater when there is no fire, and people are hurt in the ensuing panic, that individual has abused his or her freedom of speech, according to the doctrine of

A) malice.

B) clear and present danger.

C) unlawful assembly.

D) privacy.

E) prior restraint.

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

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.

19) The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right

A) not to incriminate oneself.

B) of free speech.

C) to a jury trial.

D) to confront one's accusers in a court of law.

E) to worship any religion of choice.

20) In its 2011 Snyder v. Phelps ruling, the Supreme Court held that Westboro Baptist Church protests at military funerals

A) were unconstitutional because the funerals were military, but they would have been constitutional at civilian funerals.

B) would need specific prior approval by a federal judge.

C) were a constitutionally protected form of free speech.

D) could not be considered constitutionally protected freedom of assembly.

E) were a state matter and must be decided on a case-by-case basis in state courts.

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

A) imminent lawless action

B) Lemon

C) SLAPS

D) clear-and-present-danger

E) cry wolf

22) The Supreme Court

A) has ruled that even forms of symbolic speech considered to be dangerous to the public are protected.

B) ruled, during the Vietnam War, that the burning of draft registration cards was a protected form of symbolic speech.

C) has reduced its protection of symbolic speech dramatically, and has recently ruled against flag burning as a form of protected symbolic speech.

D) has protected symbolic speech much more substantially than it has protected verbal speech.

E) has generally protected symbolic speech almost as substantially as it has protected verbal speech.

23) In the Johnson flag-burning case, the Supreme Court ruled that flag burning

A) is an imminent danger to public safety.

B) is not symbolic speech.

C) cannot be prohibited even though it may be offensive.

D) can be prohibited by the national government but not by the states.

E) flag burning could be banned by Congress.

24) Government can lawfully prevent a political rally from taking place

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.

25) According to the Supreme Court, which is true regarding freedom of assembly?

A) Individuals have the right to command immediate access to a public auditorium.

B) Individuals have the right to hold a public rally in the middle of a busy intersection at a time of their choosing.

C) Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable.

D) Public officials can prohibit assembly by unpopular groups.

E) Freedom of assembly is an absolute right, because it is in the First Amendment.

26) The Supreme Court's position on prior restraint of the press is that

A) national security needs are of highest priority.

B) only classified government documents are subject to prior restraint.

C) prior restraint can never be exercised by government.

D) prior restraint should occur only under very compelling circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.

E) prior restraint should be used fairly frequently in a democracy.

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

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.

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

A) libel.

B) slander.

C) blasphemy.

D) obscenity.

E) symbolic speech.

29) Libel applies to defamation of an individual's reputation through the

A) written word.

B) spoken word.

C) written and spoken word.

D) written, spoken, and symbolic word.

E) None of these answers is correct.

30) The establishment clause prohibits government from

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.

31) According to the Supreme Court, prayer in public schools violates

A) the free exercise clause.

B) the establishment clause.

C) the exclusionary rule.

D) procedural due process.

E) the clear-and-present-danger test.

32) School prayer in the public schools was ruled unconstitutional in

A) Escobedo v. Illinois (1964).

B) Engel v. Vitale (1962).

C) Buckley v. Valeo (1976).

D) Gitlow v. New York (1925).

E) Roth v. United States (1957).

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

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) Teacher-led bible readings in public schools are constitutional.

E) Student-led prayers at public school football games are constitutional.

34) The Lemon test is designed to

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.

35) In the 2014 case of Burwell v. Hobby Lobby Stores, the Supreme Court ruled that

A) the Patient Protection and Affordable Care Act does not require employers to provide insurance for employees.

B) companies with only a few owners can refuse, on religious grounds, to include contraceptives in employees' health coverage.

C) businesses can decide which employees deserve employer-paid health insurance based on employee performance.

D) the free exercise of religion clause in the First Amendment does not apply to the secular business practices of corporations.

E) All of these answers are correct.

36) In 1987 the Supreme Court ruled that creationism

A) has as much evidence supporting it as the theory of evolution does.

B) must be taught in public schools whenever evolution is taught.

C) is a scientific theory, not a religious doctrine.

D) is a religious doctrine, not a scientific theory.

E) is both a scientific theory and a religious doctrine.

37) What was the main conclusion of the Supreme Court's 2008 decision in District of Columbia v. Heller and 2010 decision in McDonald v. Chicago?

A) The Second Amendment applies only to federal law, not state law.

B) Cities and states can ban gun ownership, but the federal government cannot.

C) Citizens are allowed to own guns for legitimate purposes, such as for protecting the home.

D) Governments can ban ownership of guns, except for people who serve in the military or the National Guard.

E) Governments cannot place any restrictions on gun ownership.

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

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 the right to privacy by the freedoms in the Bill of Rights.

E) the Civil Rights Act of 1991.

39) The right to privacy was instrumental in which decision?

A) Roe v. Wade

B) Mapp v. Ohio

C) Schenck v. United States

D) Miranda v. Arizona

E) New York Times Co. v. United States

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

A) ruled that states are free to adopt abortion laws of their choosing.

B) allowed a restriction on abortion services as long as it did not cause an "undue burden" on the woman.

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.

41) In Bowers v. Hardwick (1986), the Supreme Court justices determined that

A) the right of privacy includes abortion in the early months of pregnancy.

B) search warrants are not needed in murder investigations.

C) freedom of speech and freedom of assembly sometimes conflict.

D) state militia members have the right to peacefully assemble.

E) the right to privacy does not include homosexual acts.

42) In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether

A) governments had observed procedural guarantees.

B) those convicted are actually guilty.

C) those convicted have the opportunity for appeal.

D) those convicted are treated humanely while imprisoned.

E) everyone is treated fairly in every case.

43) In the Constitution, procedural due process is protected in various ways by the

A) Fourth Amendment.

B) Fifth Amendment.

C) Sixth Amendment.

D) Eighth Amendment.

E) All of these answers are correct.

44) The Fourth Amendment protects Americans from

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.

45) In deciding two 2014 cases involving the legality of searching a suspect's cell phone, the Supreme Court ruled that

A) the cell phone can be searched only if there is sufficient other evidence that it contains information relevant to the crime.

B) the cell phone can be searched if officers believe it may contain information that will lead to the arrest of other suspects.

C) the cell phone can be searched as long as the search is approved by a higher police authority, such as a precinct captain or county sheriff.

D) the cell phone cannot be searched in most circumstances without a warrant.

E) the cell phone cannot be searched under any circumstances.

46) When can police legally begin their interrogation of a suspect?

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 crime

47) "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

A) preferred position doctrine.

B) clear-and-present-danger test.

C) Miranda warning.

D) fairness doctrine.

E) None of these answers is correct.

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

A) Palko v. Connecticut.

B) Stenberg v. Carhart.

C) Reno v. ACLU.

D) Ferguson v. Charleston.

E) Missouri v. Siebert.

49) Gideon v. Wainwright required the states to

A) temporarily abolish the death penalty.

B) expand the exclusionary rule to both felony and misdemeanor cases.

C) furnish attorneys for poor defendants in felony cases.

D) grant speedy trials to defendants after 90 days of delay.

E) provide more funding for education.

50) What Illinois policy did the Supreme Court invalidate with its decision in Witherspoon v. Illinois (1968)?

A) allowing the prosecution an unlimited number of challenges in capital cases

B) preventing convicted persons in capital cases from filing an appeal

C) preventing the prosecution from challenging jury selections in felony cases

D) the failure to provide low-income defendants with court-appointed lawyers

E) encouragement of low-income defendants to act as their own attorney

51) The exclusionary rule states that

A) federal law cannot be applied in state courts.

B) the laws of one state court cannot be applied in the courts of another state.

C) after seven years, the statute of limitations applies, except in murder cases.

D) evidence obtained illegally is inadmissible in court.

E) state law cannot be applied in federal courts.

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

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.

53) The inevitable discovery exception

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 normally inadmissible evidence that would have been discovered 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.

54) Which of the following is true of the appeal process?

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.

55) Which state has the highest incarceration rate?

A) Vermont

B) Maine

C) Louisiana

D) North Dakota

E) California

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

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 appeal

57) Which of the following countries comes closest to the United States in terms of the percentage of its citizens who are behind bars?

A) Singapore

B) Japan

C) Great Britain

D) Romania

E) Russia

58) 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

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.

59) The USA Patriot Act

A) grants the government new powers of surveillance.

B) increased the capacity of the federal government to combat terrorism domestically.

C) allowed the creation of a phone records–gathering program by the NSA.

D) was enacted in response to the terrorist attacks of September 11, 2001.

E) All of these answers are correct.

60) The Edward Snowden leaks about the NSA surveillance program

A) indicated that the NSA was listening to all American cell phone conversations.

B) showed that the NSA was diligent about getting court orders to monitor electronic communications.

C) led President Obama to quickly terminate the program.

D) brought changes in how Americans' phone data was stored for NSA retrieval.

E) in reality shared little or no new information.

61) Which of the following, relative to the others, is typically more protective of individual rights?

A) the U.S. Congress

B) the general public

C) public opinion

D) the presidency

E) the judiciary

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

63) Explain the concept of prior restraint of the press. Include one example of how the Supreme Court has ruled on this issue.

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

65) 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.

66) How has the Supreme Court interpreted the Eighth Amendment's prohibition against cruel and unusual punishment in recent years? Explain.