Question 1

The Fourth, Fifth, Sixth, and Eighth Amendments contain which sets of rights?

Accepted Answer

A)   due process
B)   the five freedoms
C)   civil
D)   criminal
E)   naturalF) B) and E)
G) A) and B)

Question 2

The Supreme Court has ruled that ________ and ________ may not be a basis for a peremptory challenge when selecting a jury.

Accepted Answer

A)   age; gender
B)   race; age
C)   profession; gender
D)   age; profession
E)   race; genderF) B) and C)
G) C) and E)

Question 3

Unspoken actions that communicate political ideas:

Accepted Answer

A)   receive no protection under federal law.
B)   can sometimes fall under the protection of the First Amendment.
C)   are regulated primarily by the U.S. Congress.
D)   are regulated primarily by the states.
E)   are protected as an absolute right for all Americans and can never be restricted by the government.F) A) and B)
G) None of the above

Question 4

Which part of the Bill of Rights was the latest to be applied at the state level?

Accepted Answer

A)   Second Amendment
B)   Fourth Amendment
C)   First Amendment
D)   Fifth Amendment
E)   Fourteenth AmendmentF) A) and B)
G) A) and C)

Question 5

Selective incorporation-the process of applying elements of the Bill of Rights to the actions of the national government-has not been applied to the Second Amendment.

Accepted Answer

A) True 
 B)False

Question 6

Child pornography is found to be obscene because:

Accepted Answer

A)   it meets the standards of the Miller test.
B)   it meets the standards of the Lemon test.
C)   it presents clear and present danger.
D)   it is direct incitement.
E)   it does not satisfy strict scrutiny.F) B) and D)
G) C) and E)

Question 7

The Second Amendment concerns:

Accepted Answer

A)   freedom of assembly.
B)   the right to bear arms.
C)   cruel and unusual punishment.
D)   double jeopardy.
E)   the right to privacy.F) A) and E)
G) B) and D) B

Question 8

When the Supreme Court says that specific parts of the Bill of Rights apply to the actions of state government, it is engaging the doctrine of:

Accepted Answer

A)   dual citizenship.
B)   due process.
C)   selective incorporation.
D)   free exercise.
E)   equal protection.F) B) and C)
G) A) and E)

Question 9

Why have lower courts struck down speech codes that ban hate speech?

Accepted Answer

A)   They violate the due process clause of the Fourteenth Amendment.
B)   They are not considered content neutral.
C)   They were not approved by a state legislature.
D)   They were unpopular with students.
E)   They caused too many protests on college campuses.F) A) and B)
G) B) and E)

Question 10

________, or the use of words to express your feelings or views about the government, is the most protected form of expression.

Accepted Answer

A)   Political speech
B)   Symbolic speech
C)   Hate speech
D)   Unpopular speech
E)   Commercial speechF) A) and E)
G) A) and D) A

Question 11

How was the Bill of Rights developed?

Accepted Answer

A)   Civil liberties were central to the debate at the Constitutional Convention.
B)   A committee was formed during the Constitutional Convention, but its recommendations were ignored.
C)   It was drafted after the ratification process had begun.
D)   It was drafted at the Constitutional Convention.
E)   It was universally opposed at the Constitutional Convention.F) C) and D)
G) None of the above

Question 12

A township passes an ordinance that prevents a Nazi group from marching through town. The Supreme Court would likely overturn the ordinance as a violation of the group's freedom of:

Accepted Answer

A)   religion.
B)   petition.
C)   press.
D)   assembly.
E)   speech.F) A) and C)
G) B) and D)

Question 13

The clear and present danger test established in Schenck v. United States allowed suppression of speech that might prevent the government's ability to fight a war because:

Accepted Answer

A)   the First Amendment does not allow for protests against government action.
B)   the First Amendment allows for a ban on unpopular speech.
C)   Congress can alter the meaning of the First Amendment during times of war.
D)   the government had a right to protect its own security and existence against "substantive evils."
E)   citizens cannot protest against the government during times of war.F) None of the above
G) A) and B)

Question 14

Frank works at a local insurance company. Jim, Frank's colleague, sends an e-mail to the rest of the company containing malicious and false statements about Frank, with intent to injure Frank's reputation. This is an example of what?

Accepted Answer

A)   symbolic speech
B)   libel
C)   hate speech
D)   slander
E)   prior restraintF) B) and C)
G) D) and E) B

Question 15

Which of the following does NOT describe selective incorporation?

Accepted Answer

A)   It increased the significance of the Bill of Rights.
B)   It is based on the language of the Fourteenth Amendment.
C)   It is the process of extending civil liberties guarantees to state action.
D)   It incorporates the idea of due process at the state level.
E)   It is determined by state governments.F) None of the above
G) A) and B)

Question 16

The right to bear arms can be found in the Third Amendment.

Accepted Answer

A) True 
 B)False

Question 17

Speech that is offensive or abusive, particularly in terms of race, gender, or sexual orientation, is called:

Accepted Answer

A)   symbolic speech.
B)   hate speech.
C)   libelous speech.
D)   slanderous speech.
E)   expressive speech.F) A) and E)
G) A) and D)

Question 18

Which test said that political speech was protected except where it aimed to cause imminent "lawless action"?

Accepted Answer

A)   direct incitement test
B)   strict scrutiny test
C)   clear and present danger test
D)   Lemon test
E)   selective incorporation testF) A) and C)
G) All of the above

Question 19

"Proportionality" is an unsettled area of Eighth Amendment law because:

Accepted Answer

A)   lethal injection is considered "cruel and unusual punishment."
B)   not all states allow for the use of the death penalty.
C)   not all states use the same method for the death penalty.
D)   only men, and not women, have been sentenced to the death penalty.
E)   some punishments may be so disproportionate to the crime that they constitute "cruel and unusual punishment."F) C) and D)
G) B) and E)

Question 20

What are the current prohibitions on cruel and unusual punishment in the United States? How do these compare to standards in other parts of the world? In your opinion, should the Supreme Court consider the standards of other nations? If so, should we change our standards? Why or why not?

Accepted Answer

In the United States, the current prohib...

Exam 4: Civil Liberties

The Fourth, Fifth, Sixth, and Eighth Amendments contain which sets of rights?

Correct AnswerverifiedShow Answer

The Supreme Court has ruled that ________ and ________ may not be a basis for a peremptory challenge when selecting a jury.

Correct AnswerverifiedShow Answer

Unspoken actions that communicate political ideas:

Correct AnswerverifiedShow Answer

Which part of the Bill of Rights was the latest to be applied at the state level?

Correct AnswerverifiedShow Answer

Selective incorporation-the process of applying elements of the Bill of Rights to the actions of the national government-has not been applied to the Second Amendment.

Correct AnswerverifiedShow Answer

Child pornography is found to be obscene because:

Correct AnswerverifiedShow Answer

The Second Amendment concerns:

Correct AnswerverifiedB

When the Supreme Court says that specific parts of the Bill of Rights apply to the actions of state government, it is engaging the doctrine of:

Correct AnswerverifiedShow Answer

Why have lower courts struck down speech codes that ban hate speech?

Correct AnswerverifiedShow Answer

________, or the use of words to express your feelings or views about the government, is the most protected form of expression.

Correct AnswerverifiedA

How was the Bill of Rights developed?

Correct AnswerverifiedShow Answer

A township passes an ordinance that prevents a Nazi group from marching through town. The Supreme Court would likely overturn the ordinance as a violation of the group's freedom of:

Correct AnswerverifiedShow Answer

The clear and present danger test established in Schenck v. United States allowed suppression of speech that might prevent the government's ability to fight a war because:

Correct AnswerverifiedShow Answer

Frank works at a local insurance company. Jim, Frank's colleague, sends an e-mail to the rest of the company containing malicious and false statements about Frank, with intent to injure Frank's reputation. This is an example of what?

Correct AnswerverifiedB

Which of the following does NOT describe selective incorporation?

Correct AnswerverifiedShow Answer

The right to bear arms can be found in the Third Amendment.

Correct AnswerverifiedShow Answer

Speech that is offensive or abusive, particularly in terms of race, gender, or sexual orientation, is called:

Correct AnswerverifiedShow Answer

Which test said that political speech was protected except where it aimed to cause imminent "lawless action"?

Correct AnswerverifiedShow Answer

"Proportionality" is an unsettled area of Eighth Amendment law because:

Correct AnswerverifiedShow Answer

What are the current prohibitions on cruel and unusual punishment in the United States? How do these compare to standards in other parts of the world? In your opinion, should the Supreme Court consider the standards of other nations? If so, should we change our standards? Why or why not?

Correct AnswerAnswered by ExamLex AIIn the United States, the current prohib...View AnswerShow Answer

Correct Answer
verified

The Supreme Court has ruled that and may not be a basis for a peremptory challenge when selecting a jury.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
B

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
B

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
In the United States, the current prohib...
View Answer