chapter 2 quiz

The Due Process Clause is incorporated to the states by the ______ Amendment.

14th

At what point does the law require a defendant be allowed the assistance of counsel?

at a critical stage in the investigative process

Which of the following group or individual literally make(s) law?

congress

Sources of individual rights include all EXCEPT which of the following?

executive orders

Due to the prohibition against double jeopardy, a person cannot be sued civilly for damages caused by a crime for which he or she was already tried and convicted in criminal court.

false

Only the federal government has the authority to enact administrative regulations.

false

The Constitution clearly lays out what is meant by a "reasonable" and "unreasonable" seizure.

false

The Fourteenth Amendment is very brief.

false

The Sixth Amendment prohibits placing someone in double jeopardy.

false

The right to bear arms is a "collective right."

false

The due process of the Fourteenth Amendment is identical to the due process clause in what other amendment?

fifth amendment

The protection from double jeopardy is found in the

fifth amendment

The requirement of the Miranda warning is based in which amendment?

fifth amendment

Rights that are "essential to the concept of ordered liberty" are referred to as

fundamental rights

Administrative regulations are another form of

legislation

What is the level of proof required to search a place or seize an item or person?

probable cause

Which of the following is not a source of law?

public opinion

Under which standard of review are state actions assumed to be presumptively valid?

rational basis test

Which of the following is not a standard of review used to evaluate the justification of infringing on citizens' rights?

reasonable basis test

The dual-sovereignty doctrine relates to which fundamental right?

right against double jeopardy

Opponents of gun control legislation seize upon the ______ as support for their claim that the state may not limit the use and possession of firearms.

second amendment

What method of incorporation is the approach that seems to predominate in most Supreme Court cases?

selective incorporation

Legislators felt the need to incorporate the Bill of Rights to the states because of which historical event?

the Civil War

What amendment prohibits the forced quartering of soldiers?

the third amendment

What name is given to the concept that the Bill of Rights creates other rights when taken in its entirety?

total incorporation plus

Classifications that are either without reason or based on race or gender are sometimes referred to as suspect classifications.

true

Indigent defendants must be provided with an attorney for any offense.

true

Substantive due process prevents legislatures from infringing on the right of privacy.

true

The total incorporation plus approach goes a step further than the total incorporation approach.

true

The Fourth Amendment bans all searches and seizures that are

unreasonable