Question 1

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.

Question 2

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.

Question 3

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 4

The Miranda warning was upheld by the Supreme Court in 2000 in

Accepted Answer

A)  Palko v.Connecticut.
B)  Stenberg v.Carhart.
C)  Reno v.ACLU.
D)  Ferguson v.Charleston.
E)  Dickerson v.United States.

Question 5

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

Accepted Answer

A)  malice.
B)  clear and present danger.
C)  unlawful assembly.
D)  privacy.
E)  prior restraint.

Question 6

,the Supreme Court justices determined that

Accepted Answer

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.

Question 7

Voluntary school prayer in the public schools was ruled unconstitutional in

Accepted Answer

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) . B

Question 8

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.

Question 9

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.

Question 10

The right to privacy was instrumental in which decision?

Accepted Answer

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

Question 11

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.

Question 12

The right to counsel is guaranteed by the ________ Amendment.

Accepted Answer

A)  First
B)  Fifth
C)  Sixth
D)  Ninth
E)  Tenth

Question 13

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

Accepted Answer

A)  criminal proceedings in the states.
B)  civil cases.
C)  pleas of insanity.
D)  children (minors) accused of crime.
E)  indigent litigants.

Question 14

Which of the following amendments contains a due process clause?

Accepted Answer

A)  First
B)  Tenth
C)  Third
D)  Fourteenth
E)  Twenty-first D

Question 15

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

Accepted Answer

The establishment clause has been interp...

Question 16

The individual right that is widely regarded as the most basic of individual rights is

Accepted Answer

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.

Question 17

Roughly a third of all executions in the past quarter-century have taken place in

Accepted Answer

A)  Vermont.
B)  South Carolina.
C)  Texas.
D)  Alabama.
E)  California.

Question 18

Like all other rights,the right of free expression is

Accepted Answer

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.

Question 19

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

Accepted Answer

A)  the U.S.Congress
B)  the general public
C)  public opinion
D)  the presidency
E)  the judiciary

Question 20

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

Accepted Answer

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. A

Exam 4: Civil Liberties: Protecting Individual Rights

The Lemon test is designed to

Correct AnswerverifiedShow Answer

Justice Stone argued in 1938 that

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

The Miranda warning was upheld by the Supreme Court in 2000 in

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

,the Supreme Court justices determined that

Correct AnswerverifiedShow Answer

Voluntary school prayer in the public schools was ruled unconstitutional in

Correct AnswerverifiedB

The inevitable discovery exception

Correct AnswerverifiedShow Answer

Which of the following is true of the appeal process?

Correct AnswerverifiedShow Answer

The right to privacy was instrumental in which decision?

Correct AnswerverifiedShow Answer

The USA Patriot Act

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The right to counsel is guaranteed by the ________ Amendment.

Correct AnswerverifiedShow Answer

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

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Which of the following amendments contains a due process clause?

Correct AnswerverifiedD

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

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

The individual right that is widely regarded as the most basic of individual rights is

Correct AnswerverifiedShow Answer

Roughly a third of all executions in the past quarter-century have taken place in

Correct AnswerverifiedShow Answer

Like all other rights,the right of free expression is

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedA

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Selective incorporation refers to the ab...
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B

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D

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The establishment clause has been interp...
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A