Deck 4: Civil Liberties

Question 1

Which of the following statements is true of a bill of attainder? 

A) It inflicts punishment on particular persons without granting them the right to a trial. 
B) It punishes individuals for committing an act that was legal when the act was committed. 
C) It is an order requiring that an official bring a specified prisoner into court and explain to the judge why the prisoner is being held in jail. 
D) It requires the state governments protect their citizens' rights. 
E) It prohibits cruel and unusual punishments.

Answer 1

A

Question 2

A law will not be considered a violation of the substantive due process if: 

A) it is declared null and void by the Congress after it was applied to a particular case. 
B) it is approved by the Supreme Court. 
C) it is accompanied by a special consideration in written from the Secretary of State. 
D) it promotes a compelling or overriding state interest. 
E) it is declared during a rebellion.

Answer 2

D

Question 3

In Engel v.Vitale (1962),the Supreme Court: 

A) ruled that the State Board of Regents in New York had acted constitutionally in composing a prayer to be used in public school classrooms because the prayer was nondenominational. 
B) ruled that the State Board of Regents in New York had acted unconstitutionally by composing a prayer to be used in public school classrooms at the start of each day. 
C) held that individuals cannot pray in public schools, and teachers may no longer wish their students a "Merry Christmas." 
D) held that public schools are barred from discussing religious movements. 
E) upheld an Alabama law authorizing a daily one-minute period of silence for meditation and voluntary prayer.

Answer 3

B

Question 4

In which of the following cases did the Supreme Court decide that the Bill of Rights did not apply to state laws? 

A) Barron v. Baltimore (1833) 
B) Gitlow v. New York (1925) 
C) Everson v. Board of Education (1947) 
D) Mapp v. Ohio (1961) 
E) McDonald v. Chicago (2010)

Question 5

Which of the following is ensured by the Sixth Amendment to the Constitution? 

A) The right to bear arms 
B) The right to be protected against seizures and searches 
C) The right to oppose excessive bail and unusual punishment 
D) The right to a speedy and public trial 
E) The right to practice any religion

Question 6

State leaders who supported state religions might have favored the establishment clause to: 

A) ensure that the national government did not interfere with the state governments' right to establish a religion. 
B) separate the religious establishments and the government bodies. 
C) ensure that the national government could firmly direct and influence the public expression of religious ideas. 
D) prohibit the government from supporting religion in general. 
E) allow the religious leaders to conduct the oath taking ceremony of public officials.

Question 7

Simon lives in the same neighborhood as various others who are accused in several bank robbery and embezzlement cases.When Bob,the local sheriff,gets an alert about a potential bank robbery,he raids Simon's house.He conducts a thorough search for clues but does not find any evidence against Simon.Which of the following amendments to the Constitution has Sheriff Bob violated in this scenario? 

A) The Third Amendment 
B) The Fourth Amendment 
C) The Fifth Amendment 
D) The Eighth Amendment 
E) The Tenth Amendment

Question 8

The _____ prohibits Congress from passing laws "respecting an establishment of religion,or prohibiting the free exercise thereof." 

A) First Amendment 
B) Fourth Amendment 
C) Sixth Amendment 
D) Ninth Amendment 
E) Tenth Amendment

Question 9

High Grounds,a school in Besavia,encourages its students to follow Protestantism.It also organizes several religious activities based on Protestantism.The country has recently passed a law that supports the propagation of the Protestant religion.If this were to happen in the U.S.,which of the following amendments to the U.S.Constitution would have declared the law to be illegal? 

A) The Second Amendment 
B) The Third Amendment 
C) The First Amendment 
D) The Eighth Amendment 
E) The Tenth Amendment

Question 10

The first eight amendments to the U.S.Constitution: 

A) reserve powers to the people and to the states. 
B) grant the people specific rights and liberties. 
C) allow the states to coin money, negotiate treaties with foreign countries, and regulate interstate commerce. 
D) grant states the power to enact laws and to establish courts to protect the rights of their citizens. 
E) establish the powers of the executive branch.

Question 11

Which of the following statements is true about the writ of habeas corpus? 

A) It does not require a prisoner to be presented in the court during a court hearing. 
B) It is not available to citizens during times of rebellion or national invasion. 
C) It allows a criminal to be punished directly without a trial. 
D) It is included in Article 9 of the U.S. Constitution. 
E) It may be overruled at the discretion of governors.

Question 12

Many of the liberties of U.S.citizens were added by the _____,ratified in 1791.

A) ex post facto law 
B) writ of habeas corpus 
C) Bill of Rights 
D) bill of attainder 
E) Miranda warnings

Question 13

Which of the following statements is true of the Bill of Rights? 

A) It protects the rights of the majority over that of the minority. 
B) It is interpreted by the Congress whenever there is disagreement between the state and federal governments over its scope. 
C) It was assumed by courts for many years that the scope of the Bill was limited to the actions of the national government. 
D) It added very few of the civil liberties existing contemporarily to the Constitution. 
E) It does not reserve powers to the state.

Question 14

A key function of the Bill of Rights is to: 

A) protect the rights of the government. 
B) consider the will of the majority when making amendments to the Constitution. 
C) protect the rights of those in the minority against the will of the majority. 
D) guide the states on how to run the government. 
E) allow the Supreme Court to have the final say on how the Constitution should be interpreted.

Question 15

Which of the following is a similarity between the right to due process and the Fifth Amendment? 

A) Both emphasize that the national government shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. 
B) Both require that the state governments protect their citizens' rights. 
C) Both require that the national government be the ultimate interpreter of the Constitution. 
D) Both protect the rights of the majority over that of the minority. 
E) Both are vested with powers to punish a criminal directly without a trial.

Question 16

President Thomas Jefferson wanted _____ to be a "wall of separation between church and state." 

A) the supremacy clause of Article VI 
B) the reserved powers clause of the Tenth Amendment 
C) the establishment clause of the First Amendment 
D) the necessary and proper clause of Article I, Section 8 
E) the Supreme Court

Question 17

Which of the following protects citizens from government actions? 

A) Insurrection laws 
B) Emergency provisions 
C) Quotas 
D) Embargos 
E) Civil liberties

Question 18

Which of the following is a requirement of the due process clause? 

A) It requires that the national government ban the right of common man to bear arms. 
B) It requires that the Supreme Court take the final decision in matters concerning the national and state governments. 
C) It requires that citizens form associations to safeguard and sustain their interests and welfare. 
D) It requires that state governments protect their citizens' rights. 
E) It requires that states make laws that abridge the immunities guaranteed to citizens if deemed necessary.

Question 19

_____,prohibited by the Constitution,punishes individuals for committing an act that was legal when the act was committed.

A) A bill of attainder 
B) A writ of certiorari 
C) A writ of habeas corpus 
D) An ex post facto law 
E) The Bill of Rights

Question 20

The Supreme Court was particularly active during the 1960s in broadening its interpretation of the _____ to ensure that states and localities could not infringe on civil liberties protected by the Bill of Rights.

A) writ of certiorari 
B) writ of habeas corpus 
C) ex post facto law 
D) due process clause 
E) Miranda warning

Question 21

In the context of privacy legislations,which of the following statements is true of the Freedom of Information Act of 1966? 

A) The act protects the privacy rights of individuals. 
B) The act prevents states from disclosing or selling a driver's personal information without the driver's consent. 
C) The act protects the privacy of medical information. 
D) The act restricts government disclosure of data to third parties. 
E) The act supports the protection, enhancement, and wise use of a person's personal information.

Question 22

Under the _____,the government may restrict expression if it would cause a dangerous condition,actual or imminent,that Congress has the power to prevent.

A) clear and present danger test 
B) Lemon test 
C) preferred-position doctrine 
D) bad tendency rule 
E) exclusionary rule

Question 23

A mainstream movie theatre decides not to show "Infernal Frozen Land," a film that has received a NC-17 rating from the Motion Picture Association of America.The voluntary restriction applied to this movie is in accordance with the: 

A) American Moviegoers' Committee. 
B) Sixth Amendment. 
C) First Amendment. 
D) Tenth Amendment. 
E) Fourth Amendment.

Question 24

Ryan,a Dutch footballer,posts an old video of him playing on BeFriend,a social media site.One of Ryan's followers on the site mocks him for his poor performance in his recent matches.Incensed by the jibe,Ryan retorts on the Internet with hateful comments based on the person's appearance.Ryan even tries to frame the person as mentally challenged by posting his morphed pictures online.In this scenario,Ryan can be convicted of: 

A) online terrorism. 
B) cyberbullying. 
C) excessive media usage. 
D) prior restraint. 
E) revenge porn.

Question 25

In the landmark _____ (1965),the Supreme Court held that the right to privacy is implied by other rights guaranteed in the First,Third,Fourth,Fifth,and Ninth Amendments.

A) Hazelwood School District v. Kuhlmeier 
B) Roe v. Wade 
C) Griswold v. Connecticut 
D) Lemon v. Kurtzman 
E) Miller v. California

Question 26

Which of the following statements is true of the preferred-position doctrine? 

A) The doctrine states that speech can be forbidden only when it is "directed to inciting . . . imminent lawless action." 
B) The doctrine holds that speech can be restricted if it is likely to have harmful consequences. 
C) The doctrine is aimed at checking the involvement of the government in religious matters. 
D) The doctrine holds that people cannot denounce the religious beliefs of others. 
E) The doctrine states that certain freedoms like the freedom of speech and of the press are essential to a democracy.

Question 27

In the _____ case,the Supreme Court held that the "right to privacy ...is broad enough to encompass a woman's decision to terminate a pregnancy," subject to certain regulations.

A) Roe v. Wade (1973) 
B) Miller v. California (1973) 
C) Gideon v. Wainwright (1963) 
D) Griswold v. Connecticut (1965) 
E) Miranda v. Arizona (1966)

Question 28

Identify a true statement about prior restraint.

A) Acts of prior restraint are considered unconstitutional as they restrict one's freedom of expression. 
B) Acts of prior restraint are considered unconstitutional as they contradict the free exercise clause. 
C) It involves removing obscene pictures from a newspaper article before it is published. 
D) For a case of prior restraint to hold, a particular utterance should be intended to hurt another person. 
E) For a case of prior restraint to hold, a particular content should excite unwholesome sexual desire.

Question 29

In the context of the practice of euthanasia,in 1997,the Supreme Court: 

A) held that the liberty protected by the Constitution includes the right to commit suicide. 
B) ruled that state laws permitting assisted suicide are unconstitutional. 
C) held that state laws banning physician-assisted suicide are inherently unconstitutional. 
D) upheld the states' rights to ban assisted suicide but did not hold that state laws permitting assisted suicide were unconstitutional. 
E) held that physician-assisted suicide violated the Eighth Amendment prohibition of cruel and unusual punishments.

Question 30

Which of the following statements is true of seditious speech? 

A) It is the public utterance of a false statement that holds a person up for contempt, ridicule, or hatred. 
B) It urges resistance to lawful authority or advocates overthrowing the government. 
C) It involves publishing false information about an individual. 
D) It is best defined as cyberbullying. 
E) It includes obscenity on the Internet.

Question 31

Since 1971,the Supreme Court has used a test to determine whether government aid to parochial schools is constitutional.To be constitutional,the aid must: 

A) be used for paying teachers' salaries. 
B) be aimed at inhibiting religion. 
C) be for a clearly religious purpose. 
D) avoid excessive government involvement in religion. 
E) be used for buying textbooks for underprivileged students.

Question 32

Slander,a form of unprotected speech,must: 

A) be carried out entirely through actions. 
B) be concordant with facts. 
C) not lack political or scientific value. 
D) not result in actual harm. 
E) stem from an intent to do harm.

Question 33

In the context of privacy legislations,identify a true statement about the Privacy act of 1974.

A) The act allows a person to request copies of information about her or him contained in government files. 
B) The act prevents states from disclosing or selling a driver's personal information without the driver's consent. 
C) The act protects the privacy of medical information. 
D) The act restricts government disclosure of data to third parties. 
E) The act supports the protection, enhancement, and wise use of a person's personal information.

Question 34

In the _____ case of 1968,the Supreme Court ruled that an American law prohibiting the teaching of evolution was unconstitutional.

A) Everson v. Board of Education 
B) Engel v. Vitale 
C) Stone v. Graham 
D) Epperson v. Arkansas 
E) Lemon v. Kurtzman

Question 35

Which of the following statements is true of the current Supreme Court doctrine for assessing the constitutionality of subversive speech? 

A) The doctrine states that speech can be forbidden only when it is "directed to inciting . . . imminent lawless action." 
B) The doctrine holds that speech can be restricted if it is "likely to have harmful consequences." 
C) The doctrine aims at checking the involvement of the government in religious matters. 
D) The doctrine holds that people cannot denounce the religious beliefs of others. 
E) The doctrine states that certain freedoms-including freedom of speech and of the press-"are essential to a democracy."

Question 36

TR News,publishes a story about the current state governor's son having allegedly smuggled narcotics across the border.Upon reading the news,the governor develops health complications.Further investigations reveal that his son is innocent and he is cleared of all charges.However,the governor feels that he can collect damages from TR News for having published the story against his son.The form of unprotected speech being discussed in this scenario is: 

A) hate speech. 
B) slander. 
C) libel. 
D) obscenity. 
E) symbolic speech.

Question 37

To be ruled obscene,an expression must: 

A) be carried out entirely through words. 
B) be concordant with facts. 
C) not lack political or scientific value. 
D) not result in actual harm. 
E) excite unwholesome sexual desire.

Question 38

Commercial speech: 

A) is not protected by the First Amendment. 
B) is considered slander. 
C) receives more protection under the First Amendment than regular speech. 
D) is protected by the First Amendment, but not as fully as regular speech. 
E) cannot be restricted by the government under any condition.

Question 39

Which of the following statements is true of the bad tendency test? 

A) It implemented a substantial government interest in advocating all forms of speech. 
B) It tested whether the restriction on free speech laid down by the Sedition Act was constitutional. 
C) It was established to check the involvement of the government in religious matters. 
D) It propagated that people cannot denounce the religious beliefs of others. 
E) It stated that certain freedoms-including freedom of speech and of the press-are essential to a democracy.

Question 40

An act of fraud: 

A) urges resistance to lawful authority. 
B) advocates the overthrow of a government. 
C) is protected by the Sixth Amendment. 
D) refers to religion-motivated acts of vengeance. 
E) is not protected under the First Amendment.

Question 41

Which of the following statements is true of the Miranda warnings? 

A) They are criminal procedural rules that require illegally obtained evidence to be excluded from a criminal trial. 
B) They put a criminal suspect on notice, banning him or her from requesting a speedy trial. 
C) They are issued when the federal government believes that a terrorist attack is imminent. 
D) They are a series of statements informing criminal suspects, on their arrest, of their constitutional rights. 
E) They are given to criminal suspects when they have been charged with double jeopardy.

Question 42

In the context of the rights of criminal defendants,the Fifth Amendment: 

A) includes a requirement that no warrant for a search or an arrest be issued without probable cause. 
B) guarantees a speedy trial and a trial by jury. 
C) includes a protection against self-incrimination. 
D) includes a protection from unreasonable searches and seizures. 
E) includes a right for criminal defendants to confront witnesses.

Question 43

In 2004,the local school board in Dover,Pennsylvania required the ninth-grade biology classes to use a textbook that endorsed the concept of intelligent design.As a result,the students staged a walk-out.

Question 44

Barry and Micah are enthusiasts of mixed martial arts.They regularly tape their punch ups and post them online.On one such occasion,they are arrested and charged for posting videos of their fights on social networking sites.During court proceedings,backed by an efficient legal advisor,Barry takes refuge in refusal to answer on grounds of _____.

A) probable cause 
B) the exclusionary rule 
C) the liability clause 
D) protection against self-incrimination 
E) protection against double jeopardy

Question 45

Describe some of the laws and programs that were instituted after the terrorist attacks of September 11,2001,which raised questions about privacy rights.How has the USA Freedom Act of 2015 worked toward limiting the discretion of the National Security Agency (NSA)?

Question 46

Four decades after the Supreme Court's decision in Roe v.Wade (1973),abortion remains a controversial issue.How has the Court ruled in cases involving legislative restrictions on abortion?

Question 47

In 2000,the Supreme Court invalidated a Nebraska statute banning "partial-birth" abortions,a procedure used during the second trimester of pregnancy.

Question 48

The National Security Agency's cloud computing program: 

A) was undertaken pursuant to a secret court-ordered search warrant. 
B) was initially developed to monitor transactions in banks. 
C) was initially developed to monitor phone calls in U.S prisons. 
D) was designed to collect personal data from the servers of multiple corporations. 
E) was set up to tackle the menace of online harassment.

Question 49

TR News reports that Elvis is accused of brutally assaulting his girlfriend,Sherry.Prosecutors are unaware of Sherry's death when they offer Elvis a life imprisonment.The incident is declared a homicide a few days later.Which of the following protects Elvis from being tried for murder in this situation? 

A) Probable cause 
B) The exclusionary rule 
C) The ex post facto law 
D) The restrictions on self-incrimination 
E) The restrictions on double jeopardy

Question 50

What are the requirements stated by the Lemon test for determining whether aid to parochial schools is constitutional?

Question 51

_____ is the prosecution of a person twice for the same criminal offense that is prohibited by the Fifth Amendment in all but a few circumstances.

A) Double taxation 
B) Detention 
C) Probation 
D) Self-incrimination 
E) Double jeopardy

Question 52

In the context of national security,identify a true statement about the USA Patriot Act of 2001.

A) The act allows a person to request copies of information about her or him contained in government files. 
B) The act prevents states from disclosing or selling a driver's personal information without the driver's consent. 
C) The act allows the government to freely access personal information of American citizens. 
D) The act restricts government disclosure of data to third parties. 
E) The act supports the protection, enhancement, and wise use of a person's personal information.

Question 53

Cause for believing that there is a substantial likelihood that a person has committed or is about to commit a crime is called _____.

A) probable cause 
B) exclusionary cause 
C) possible cause 
D) inclusionary cause 
E) visionary cause

Question 54

The Miranda v.Arizona case established the Miranda warnings.

Question 55

Why do criminal suspects have rights? Discuss some of the constitutional safeguards for criminal defendants set forth in the Bill of Rights.

Question 56

Bob posts sexually explicit photographs of his former partner on BeFriend,a social media site.He even posts the name and address of the victim on the site to ensure maximum harassment.Bob can be convicted of: 

A) online terrorism. 
B) spamming. 
C) excessive media usage. 
D) prior restraint. 
E) revenge porn.

Question 57

Is the right to free speech absolute? What are the types of speech that receive no protection under the First Amendment?

Question 58

The _____ is responsible for authorizing searches by the National Security Agency (NSA)and other intelligence agencies.

A) Financial International Switching Center 
B) Foreign Intelligence Surveillance Court 
C) Financial Information Service Centre 
D) Foreign International Sales Company 
E) Foreign Intelligence Supply Centre

Question 59

The Miranda warnings protect the rights of the U.S.government.

Question 60

Brad,a mechanic residing in Detroit,believes sharing his personal information online can be risky as there is potential for misuse by hackers.This fear is a result of the advent of information technology,which has increased the accessibility of personal information.

Question 61

_________ requires that evidence obtained illegally not be admitted in court.A.The Lemon testB.An ex post facto lawC.The exclusionary ruleD.The bad tendency test

Question 62

Currently,_________ states have laws against online harassment.A.20B.all 50C.17D.41

Question 63

The reserved powers of the states are derived from the _________.A.Second AmendmentB.Seventh AmendmentC.Ninth AmendmentD.Tenth Amendment

Question 64

The Miranda warnings were passed in _____.A.1920B.1880C.1966D.1850

Question 65

The _________ clause,part of the First Amendment,forbids the government from constituting an official religion or church.A.free exerciseB.evolutionC.separationD.establishment