QUIZ 4 CIVIL LIBERTIES
When adopted, the Bill of Rights imposed limits on which of the following?
(CORRECT ANSWER) National government
State government
All levels of government
All levels of government except national
Local or municipal governments
A judge’s order authorizing a search is known as what?
An inevitable discovery
The exclusionary rule
Probable cause
(CORRECT ANSWER) A search warrant
Writ of habeas corpus
What can be said about the way the Supreme Court has balanced the rights of individuals and the
power of police in recent years?
The Supreme Court has pulled back from some of its more sweeping applications of the
exclusionary rule.
The Supreme Court has been more supportive of broadening the rights of individuals at the
expense of police power.
The Supreme Court has generally avoided taking positions on this issue.
The Supreme Court has not had any consistent position on this.
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The Supreme Court has been even towards police power and individuals' rights.
What is often true when no strong national mood is discernible?
(CORRECT ANSWER) The opinions of elites influence judicial thinking.
Only citizen opinion affects judicial decision making.
The Supreme Court generally does not rule on matters where there is no strong public opinion.
The Supreme Court generally defers to the executive branch.
The Supreme Court generally defers to Congress.
What is the term for the practice of law-enforcement officers taking money or valuable property
from people suspected of involvement with illegal activity, but not charged with a crime?
Probable cause
A public safety exception
A good faith exception
Inevitable discovery
(CORRET ANSWER) Civil forfeiture
What is one potential virtue of the courts?
They are more representative of public opinion than the other branches.
They are more accountable given that they are elected.
They are more beholden to political action committees that fund the members.
(CORRECT ANSWER) The courts can facilitate access to government by unpopular political or
religious groups that have little access to the legislature.
The courts typically only rule with the majority.
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Why did the Supreme Court demand that the evidence obtained in Mapp v. Ohio be excluded?
(CORRECT ANSWER) Police had not obtained a search warrant.
Police had questioned Mapp in an impolite manner.
Police had used unnecessary force.
Police had refused to let Mapp contact her lawyer.
Police had spied on Mapp with binoculars.
What does the Fourth Amendment prohibit?
Cruel and unusual punishment
Involuntary quartering of soldiers
Double jeopardy
(CORRECT ANSWER) Unreasonable searches and seizures
Speedy and public trials
What is true for a person treating the U.S. flag contemptuously?
They are subject to conviction in federal court.
They are subject to conviction in state court.
They are subject to conviction in municipal court.
(CORRECT ANSWER) They are protected by Fourth Amendment rights.
They are protected by the right to exercise free speech.
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The Patriot Act allowed what constitutionally questionable law enforcement technique to combat
terrorists?
National security letters to subpoena individuals to report for questioning
(CORRECT ANSWER) Roving wiretaps to track communication on all types of electronic
devices
Torture of detainees suspected of having knowledge of criminal activity
Seizure of mobile phones of individuals expressing displeasure with the government
Jurisdictions to allow better oversight for monitoring suspects
What is the notification that police must give a person being arrested that she or he has a right to
remain silent and a right to legal counsel commonly known as?
Taking the fifth
Habeas Corpus
(CORRECT ANSWER) Miranda rights
Gideon's Trumpet
Griswold rights
The Supreme Court’s current definition of obscenity denies free-speech protection to which
kinds of materials or activities?
Those that depict sexuality in a way that is degrading to its subjects
Those that promote violence against women or children
(CORRECT ANSWER) Those that lack serious literary, artistic, political, or scientific value
Those that present a clear and present danger to community standards of decency
Those that do not appeal to the prurient interest
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What must be proved for a public figure to obtain a damage award under libel laws?
That he or she has access to the public medium to disprove the charge
That the person making the claim cannot prove it
(CORRECT ANSWER) That the statement in question contained a reckless disregard for the
truth
That he or she suffered from the falsehood just as much as a private person
That the statement caused damage, regardless of its truth
Which of the following is an exception to the exclusionary rule established by the Supreme
Court?
Probable cause does not need to be established in civil matters.
Potential death penalty cases may disregard all standard evidence rules.
(CORRECT ANSWER) Good faith exceptions may be made for officers utilizing the incorrect
search warrant form.
The homes of witnesses to a crime may be searched without a warrant.
Good intention exceptions may be made for veteran officers in felony matters.
Beginning in 1897, the Supreme Court slowly began to use the protection of “life, liberty, or
property” in what clause of the Fourteenth Amendment to incorporate some of the provisions of
the Bill of Rights as binding on the states?
(CORRECT ANSWER) Due process
Equal protection
Full faith and credit
Establishment
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Elastic
Which legal concept would yelling "Fire" in a crowded theater violate?
Bad tendency rule
Strict scrutiny test
Due Process
Prior restraint
(CORRECT ANSWER) Clear and present danger test
The historical reference to a “wall of separation” between religion and the state can be found
where?
The Bill of Rights
A series of debates in the First Congress
(CORRECT ANSWER) The writings of Thomas Jefferson
The writings of John Adams
The Federalist papers
Making false spoken statements about another person is an example of what?
(CORRECT ANSWER) Slander
Libel
De jure harassment
De facto harassment
Injunction
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What is often true about Supreme Court rulings involving civil liberties?
They generally have not been implemented by states.
They generally are very narrowly focused.
(CORRECT ANSWER) Judges generally are not simply deciding the case at hand, but they are
formulating a general rule to cover other similar cases.
The Supreme Court generally has deferred to the states.
The Supreme Court generally has deferred to the executive branch.
Which 1868 amendment’s passage allowed the potential for the application of the Bill of Rights
to the states, which adds several restrictions on what the states can do?
Eleventh
Twelfth
Thirteenth
(CORRECT ANSWER) Fourteenth
Fifteenth
A civil liberty is a right to be free of interference by whom or what?
Other people
Taxing authorities
Law enforcement
Foreign influence
(CORRECT ANSWER) The government
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In 2007, the Supreme Court allowed a school principal to punish a student for displaying a flag
saying “Bong Hits 4 Jesus” based on what?
The Court held that it was not within the student’s freedom of speech to treat the flag in that
manner.
The Court held that the language incited unruly behavior.
The Court held that the language harmed a religion.
(CORRECT ANSWER) The Court held that the language endorsed drug use.
The Court held that the youth do not have freedom of expression.
To what does prior restraint refer?
Closed sessions of hearings by Congress
Methods used by the government to get terrorists to talk
Prohibition of judges from legislating from the bench
(CORRECT ANSWER) Restraining an activity, such as expression, before that activity has
actually occurred
Ability of police to detain people when riots appear imminent
Cruel and unusual punishment is prohibited by which of the following?
Due Process
Judicial review
Fifth Amendment
(CORRECT ANSWER) Eighth Amendment
First Amendment
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Which of the following terms is used for certain types of nonverbal activities, such as flag
burning that the Supreme Court has ruled is protected under the First Amendment?
(CORRECT ANSWER) Symbolic speech or expression
Direct speech
Fighting words
Hate speech
Public speech
In which decision did the Supreme Court rule that persons charged with a crime have a right to
an attorney even if they cannot afford one?
(CORRECT ANSWER) Gideon v. Wainwright
Mapp v. Ohio
Miranda v. Arizona
United States v. Leon
Hamdi v. Rumsfeld
The Supreme Court upheld the constitutionality of flag burning in which case?
Chaplinsky v. New Hampshire
Miller v. California
(CORRECT ANSWER) Texas v. Johnson
Reno v. Johnson
Schenck v. United States
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What is true of civil liberties problems?
(CORRECT ANSWER) They often involve competing constitutional interests.
They are generally one-sided debates.
They generally do not involve important matters.
They are generally narrow problems.
They generally do not affect many citizens.
What does the incorporation doctrine do?
It provides for congressional oversight into multinational corporations.
It allows companies to incorporate through government application.
It provides for government oversight to corporations doing business with the government.
(CORRECT ANSWER) It extends the provisions of the Bill of Rights to individuals for
protection against action by states.
It provides for federal regulation of the currency and monetary supply.
Which constitutional clause prevents the government from interfering with religious practice?
Establishment
Equal protection
Nondiscrimination
(CORRECT ANSWER) Free exercise
Due Process
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