Chapter 4: Civil Liberties

The judicial policy prohibiting the admission at trial of illegally seized evidence is known as

the exclusionary rule

In testing the Constitutionality of government aid to religious schools, the Supreme Court imposes the Lemon test.

true

Polls suggest that support for the death penalty is declining.

true

The right to privacy is a unique civil liberty in that it is never explicitly mentioned in the Constitution and is dependent on an interpretation of several other civil liberties.

true (The Supreme Court ruled in Griswold v. Connecticut that there is a Constitutional right to privacy, which is based in "zones of privacy" found in other liberties)

The Bill of Rights, as originally intended, limited the powers of the national government only and did not apply to state governments.

true (it did not apply to the states until the due process clause of the fourteenth amendment and the incorporation doctrine)

A defendant's pretrial rights include all of the following EXCEPT a. to be informed of the charges b. the right to legal counsel c. the rights to remain silent d. no cruel and unusual punishment

d: no cruel and unusual punishment

A written defamation of a person's character, reputation, business, or property rights is called

libel

Approximately how many prisoners have been freed from death row since 1973 after new evidence suggested that they were convicted wrongfully?

more than one hundred

Shortly after the 9/11 terrorist attacks, President George W. Bush issued an executive order allowing which agency to conduct secret surveillance without court warrants?

NSA (the National Security Agency)

The free exercise clause found in the First Amendment allows

a person to believe whatever he or she may want

In a series of rulings dealing with the establishment clause, which of the following has the Supreme Court established? a. prohibited religious prayers in public schools b. allowed moments of silence or meditation in public schools c. forbidden the teaching of evolution d. outlawed school voucher programs

a: prohibited religious prayers in public schools

The standard used to determine if damages can be obtained from a libelous statement made about a public official is

actual malice

In Gideon v. Wainwright (1963), the Supreme Court held that if a person is accused of a felony and cannot afford an attorney, an attorney must be made available to the accused person

at the government's expense

All of the following civil liberties are listed in the original Constitution, rather than the Bill of Rights, EXCEPT a. that Congress shall pass no bill of attainder b. that Congress shall make no law respecting an establishment of religion c. that the Writ of habeas corpus shall not be suspended d. that Congress shall pass no ex post facto law

b

Based on a series of Supreme Court rulings, in which of the following settings are the most restrictions on free speech generally allowed under the Constitution? a. at a university b. at a high school c. in advertising d. on the Internet

b: at a high school

In which of the following situations are roving wire taps allowed to be used for a person under suspicion to be monitored electronically? a. if he or she uses a cell phone or home phone b. if he or she uses the Internet for e-mailing c. no matter what form of electronic communication he or she uses d. if he or she is a suspected terrorist

c: no matter what form of electronic communication he or she uses

Which of the following best describes how Supreme Court decisions have impacted abortion laws in the United States since the landmark case, Roe v. Wade essentially legalized abortion in 1973? a. Controversy about abortion has declined b. States may not require pre-abortion counseling c. Partial birth abortion has been restricted d. Court rulings have treated abortion solely as a privacy issue

c: partial birth abortion has been restricted

The first act in a criminal proceeding is an arraignment in which the defendant is brought before a court to

enter a plea of guilty or not guilty

Freedom of religion rests upon two distinct principles, which are the

establishment and free exercise clauses

Publishing truths that harm a person's reputation and livelihood is considered to be defamation of character.

false (wrongfully or untruthfully hurting a person's reputation is defamation of character)

The "clear and present danger" test is used to determine when it is permissible to restrict

freedom of speech

The unconstitutional act of restricting expression before it occurs is called

prior restraint

The free exercise clause comes into play when dealing with cases involving

religion

For criminal suspects held in custody by the police, Miranda rights allow the suspect the right to

remain silent

The public uttering of a false statement that harms the good reputation of another is known as

slander