Chapter 4 Exam

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The individual legal and constitutional protections against the government are called: civil rights. civil liberties. the Bill of Rights. anti-discrimination. equality.

Which of the following does the First Amendment not guarantee? Freedom of speech. Freedom of assembly. Freedom to participate in the political process. Freedom of the press. Freedom to practice any religion.

Within the criminal justice system, defendants are not guaranteed: the right to assemble. a trial by jury. against any forced self-incrimination. the right to counsel. the right against any unreasonable searches and seizures.

Limits on free speech have most often been tolerated:

during times of war. in the early nineteenth century. in cases against tabloid publications. during economic recessions. in questions of pornography.

Gideon v. Wainwright (1963) extended the Sixth Amendment to include the guarantee of the right of counsel to all defendants: accused of felonies in international courts. accused of a crime where they might face imprisonment. accused of felonies in state courts. accused of any crime. accused of felonies in federal courts.

The final interpreter of the content and scope of liberties in the United States is: the states' government. Congress. the Bill of Rights. the Supreme Court. the Constitution.

What does the establishment clause of the First Amendment prohibit? The founding of any church not sanctioned by the government. The establishment of a national religion. The establishment of any religion not already recognized. The establishment of any religion with unacceptable practices.

All unacceptable religious practices.

Which of these is absolute? Freedom of religious practice. Freedom of assembly. Freedom of conscience. Freedom of the press. Free speech.

How are libel cases different for public as opposed to private figures? Private individuals have a lower standard to meet for winning libel lawsuits. In private cases, it is not necessary to balance freedom of expression with respect for individual reputations. Private individuals must prove that the publication was intentionally malicious. Public figures are easier to libel because there is more written about them. There is no difference in libel cases when dealing with public and private figures.

Wearing an armband, burning the flag, and marching in a parade are all examples of: commercial speech. freedom of religious expression. slander. symbolic speech. freedom of assembly.

Which is not one of the four freedoms explicitly guaranteed by the Constitution? Press. Assembly. Speech. Religion. Privacy.

At each stage of the criminal justice system, the Constitution protects the rights of: the accused. the judges. the police. the victims. All of the above are correct.

Which is not a provision of the Patriot Act restricting civil liberties? The easing of restrictions on domestic spying in counterterrorism operations. The allowance of searches of private property without probable cause. The allowance of agents to monitor political or religious groups without any connection to a criminal investigation. The granting of power to the federal government to examine a terrorist suspect's records held by a third party. All of these are provisions of the Patriot Act granting the restriction of civil liberties.

In 1928, Justice Brandeis described the right to privacy as: explicitly stated in the Constitution.

part of the freedom of assembly. guaranteed by the First Amendment. "the right to be left alone." an unclear Constitutional proposition.

The "Civil War Amendments": gave all people access to counsel and ended slavery. ended slavery, ensured the right to a fair trial, and gave voting rights to all adults. ended slavery, gave former slaves legal protection, and ensured former slaves of their voting rights. ended slavery and gave voting rights to all adults. gave voting rights to all adults in a series of three amendments.

By 1787, all state constitutions had their own bills of rights. True False

The Supreme Court has always held that a governmental body can never integrate a sacred text into a government display. True False

In the 1960s, the Vietnam War was the source of the most bitter controversy which created civil unrest. True False

The Supreme Court has never upheld a restriction on the press in the interest of a fair trial. True False

Slander is defined as written defamation. True False

The outcome of the Collins v. Smith case in which the Nazis wanted permission to march on Skokie was that a community could use its power to grant parade permits as a way of stifling free speech. True False

Police cannot arrest a citizen without a reason. True False

The Sixth Amendment has always ensured the right to counsel in a federal trial and, as such, it has always been in effect for all defendants. True False

Most cases, even when the evidence is solid, do not go to trial. True False

Cruel and unusual punishment is well defined in the Constitution. True False

1.

The individual legal and constitutional protections against the government are called: Your Answer: civil rights. Correct Answer: civil liberties.

2.

Which of the following does the First Amendment not guarantee? Your Answer: Freedom of assembly. Correct Answer: Freedom to participate in the political process.

3.

Within the criminal justice system, defendants are not guaranteed: Your Answer: a trial by jury. Correct Answer: the right to assemble.

4.

Limits on free speech have most often been tolerated: Your Answer: in the early nineteenth century. Correct Answer: during times of war.

5.

Gideon v. Wainwright (1963) extended the Sixth Amendment to include the guarantee of the right of counsel to all defendants: Your Answer: accused of a crime where they might face imprisonment. Correct Answer: accused of felonies in state courts.

6.

The final interpreter of the content and scope of liberties in the United

States is: Your Answer: Congress. Correct Answer: the Supreme Court.

7.

What does the establishment clause of the First Amendment prohibit? Your Answer: The establishment of a national religion.

8.

Which of these is absolute? Your Answer: Freedom of assembly. Correct Answer: Freedom of conscience. See page 109.

9.

How are libel cases different for public as opposed to private figures? Your Answer: In private cases, it is not necessary to balance freedom of expression with respect for individual reputations. Correct Answer: Private individuals have a lower standard to meet for winning libel lawsuits.

10.

Wearing an armband, burning the flag, and marching in a parade are all examples of: Your Answer: freedom of religious expression. Correct Answer: symbolic speech.

11.

Which is not one of the four freedoms explicitly guaranteed by the Constitution? Your Answer: Assembly. Correct Answer: Privacy.

12.

At each stage of the criminal justice system, the Constitution protects the rights of: Your Answer: the judges.

Correct Answer: the accused.

13.

Which is not a provision of the Patriot Act restricting civil liberties? Your Answer: The allowance of searches of private property without probable cause. Correct Answer: All of these are provisions of the Patriot Act granting the restriction of civil liberties.

14.

In 1928, Justice Brandeis described the right to privacy as: Your Answer: part of the freedom of assembly. Correct Answer: "the right to be left alone."

15.

The "Civil War Amendments": Your Answer: ended slavery, ensured the right to a fair trial, and gave voting rights to all adults. Correct Answer: ended slavery, gave former slaves legal protection, and ensured former slaves of their voting rights.

16.

By 1787, all state constitutions had their own bills of rights. Your Answer: False Correct Answer: True

17.

The Supreme Court has always held that a governmental body can never integrate a sacred text into a government display. Your Answer: False

18.

In the 1960s, the Vietnam War was the source of the most bitter controversy which created civil unrest. Your Answer: False Correct Answer: True

19.

The Supreme Court has never upheld a restriction on the press in the interest of a fair trial. Your Answer: False Correct Answer: True

20.

Slander is defined as written defamation. Your Answer: False

21.

The outcome of the Collins v. Smith case in which the Nazis wanted permission to march on Skokie was that a community could use its power to grant parade permits as a way of stifling free speech. Your Answer: False

22.

Police cannot arrest a citizen without a reason. Your Answer: False Correct Answer: True

23.

The Sixth Amendment has always ensured the right to counsel in a federal trial and, as such, it has always been in effect for all defendants. Your Answer: False

24.

Most cases, even when the evidence is solid, do not go to trial. Your Answer: False Correct Answer: True

25.

Cruel and unusual punishment is well defined in the Constitution. Your Answer: False