Patterson Ch4
30. The freedoms of speech, press, assembly, and petition are found in a. the First Amendment. b. the Fourth Amendment. c. the Sixth Amendment. d. the Tenth Amendment. e. the Fourteenth Amendment.
Answer a Page: 100
38. ___________ is first in the world in terms of the proportion of its people who are in prison. a. Singapore b. The United States c. Iran d. China e. Russia
Answer b Page: 122
46. According to the author, the test of a truly civil society is a. its treatment of popular ideas. b. its treatment of its best citizens. c. its willingness to tolerate distasteful ideas. d. its treatment of the wealthy. e. All of the answers are correct.
Answer c Page: 126
22. The right to privacy was instrumental in which decision? a. Roe v. Wade b. Mapp v. Ohio c. Schenck v. United States d. Miranda v. Arizona e. New York Times Co. v. United States
Answer a Page: 112
45. Which constitutional amendment has enabled the Supreme Court to protect the civil liberties contained in the Bill of Rights from being abridged by state and local officials? a. First b Fifth c. Tenth d. Fourteenth e. Twenty-First
Answer d Page: 103
41. Which constitutional amendment protects the individual against self-incrimination? a. First b. Second c. Fourth d. Fifth e. Ninth
Answer d Page: 98
34. In recent cases involving the Miranda warning, which was established in 1966, the Supreme Court has a. indicated the Miranda warning does not apply when police catch someone in the act of committing a crime. b. said that police can question a suspect without using the Miranda warning as long as it is read to the suspect before questioning them a second time. c. indicated that the part of the Miranda warning about "the right to remain silent" no longer holds. d. indicated that the part of the Miranda warning about "the right to an attorney" no longer holds. e. upheld the constitutional principle that police must tell suspects of their right to an attorney and remain silent before they can be questioned.
Answer e Page: 117
31. Which of the following is true about the Sedition Act of 1798? a. The act prohibited malicious newspaper stories about the president. b. The Supreme Court ruled the act unconstitutional. c. The Senate voted it down while the House passed it. d. Thomas Jefferson strongly supported it. e. The state governments refused to enforce it.
Answer a Page: 100
4. Justice Holmes' "clear and present danger" test holds that government can a. restrict speech that threatens national security. b. restrict any speech of an inflammatory nature. c. imprison political dissidents during time of war without following normal procedures. d. engage in prior restraint of the press whenever national security is at issue. e. restrict speech that is disrespectful to specific classes of citizens.
Answer a Page: 100
12. Which of the following is correct with regard to obscenity and the law? a. Obscenity is not protected by the First Amendment. b. Obscenity is never unlawful. c. Child pornography is protected by the First Amendment. d. Obscenity has been easy for courts to define with precision. e. Obscenity is protected under the Ninth Amendment.
Answer a Page: 108
28. In its rulings on religion in the public schools, the Supreme Court has held that a. organized prayer and Bible reading in public schools are unconstitutional. b. organized prayer, but not Bible reading, in public schools is unconstitutional. c. organized Bible reading, but not prayer, in public schools is unconstitutional. d. organized prayer is constitutional but only if in the form of time set aside for private meditation, thus giving students a choice of which prayer they will say. e. prayer is constitutional only during homeroom classes and not regular classes.
Answer a Page: 109
19. Justice in the U.S. criminal justice system is defined primarily in terms of whether a. the proper procedures for conviction have been followed. b. those convicted are actually guilty. c. those convicted have the opportunity for appeal. d. those convicted are treated humanely while imprisoned. e. everyone is treated fairly in every case.
Answer a Page: 115
18. In Mapp v. Ohio, the exclusionary rule was extended to include a. criminal proceedings in the states. b. civil cases. c. pleas of insanity. d. children (minors) accused of crime. e. indigent litigants.
Answer a Page: 118
53. The Foreign Intelligence and Surveillance Act (FISA) of 1978 a. authorizes the president to conduct intelligence-related wiretaps on U.S. soil without the permission of a judge. b. prohibits the president from conducting intelligence-related wiretaps on U.S. soil without the permission of a judge. c. authorizes members of Congress to see any and all intelligence reports gathered by the CIA and other intelligence agencies. d. authorizes only a select number of members of Congress to see any and all intelligence reports gathered by the CIA and other intelligence agencies. e. None of the answers are correct.
Answer b Page: 126
16. If a person yells fire in a crowded theater when there is no fire, and people are hurt in the ensuing panic, that individual abused the right of free speech according to the doctrine of a. malice. b. clear and present danger. c. unreasonable action. d. symbolic speech. e. prior restraint.
Answer b Page: 100
32. In Schenck v. United States (1919), the Supreme Court ruled that a. the Espionage Act was unconstitutional. b. speech could be restricted when the nation's security is at stake. c. speech unrelated to national security can never be restricted. d. speech by unpopular groups can be restricted more than speech by popular groups. e. all forms of political dissent are constitutional.
Answer b Page: 100
5. Like all other rights, the right of free expression is a. spelled out in precise terms in the Bill of Rights. b. not absolute. c. fully respected by public officials. d. protected from action by federal officials but not state officials. e. None of the answers are correct.
Answer b Page: 100
35. According to the Supreme Court, prior restraint on the press is only acceptable if a. lower federal courts approve the action. b. the government can clearly justify the restriction. c. the press itself willingly accepts that restraint. d. the press is careless in its claims. e. the press is malicious in its intent.
Answer b Page: 102
6. The conviction of members of the American Communist party in the early 1950s was upheld as a lawful restriction of the right a. not to incriminate oneself. b. of free expression. c. to a jury trial. d. to confront one's accusers in a court of law. e. to worship any religion of choice.
Answer b Page: 102
11. Spoken words that are known to be false and harmful to a person's reputation are an example of a. libel. b. slander. c. blasphemy. d. obscenity. e. symbolic speech.
Answer b Page: 106
47. Slander applies to defamation of an individual's reputation through the a. written word. b. spoken word. c. written and spoken word. d. written, spoken, and symbolic word. e. None of the answers are correct.
Answer b Page: 106
15. Prayer in the public schools violates a. the free exercise clause. b. the establishment clause. c. the exclusionary rule. d. procedural due process. e. the clear and present danger test.
Answer b Page: 109
39. According to the Supreme Court, what is the status of prayer in the public schools? a. Formal prayer is not allowed, but moments of silence are constitutional. b. State-supported prayers are not allowed in public schools. c. Prayer is now allowed, but each school must allow students to leave the classroom when prayers are read aloud. d. Bible readings in public schools are constitutional. e. Student-led prayers at public school football games are constitutional.
Answer b Page: 109
14. The Supreme Court's position on tax-supported vouchers for students attending private or parochial schools is that these vouchers are a. unconstitutional. b. constitutional if students have a choice of non-religious private schools as well as religious ones. c. constitutional only in the case of non-religious private schools. d. constitutional only in the case of religious schools. e. constitutional only if the voters approve such vouchers in a referendum.
Answer b Page: 111
23. In Planned Parenthood v. Casey (1992), the justices a. ruled that states are free to adopt abortion laws of their choosing. b. reaffirmed the right to an abortion in the early months of pregnancy. c. invoked the Ninth Amendment for the first time in an abortion decision. d. invalidated the right to an abortion in the early months of pregnancy. e. None of the answers are correct.
Answer b Page: 113
49. Gideon v. Wainwright is to the right to an attorney as Mapp v. Ohio is to a. the right to remain silent. b. freedom from unreasonable search and seizure. c. the right to bear arms. d. protection against double jeopardy. e. the right to practice religion freely.
Answer b Page: 116
24. The greatest threat to individual rights is a. the fact that some basic rights, such as privacy, are not expressly listed in the Bill of Rights. b. a determined majority backed by elected leaders eager to carry out its will. c. the refusal of lower courts to accept the Supreme Court's rulings in this area. d. conflict between the executive and legislative branches over the meaning of these rights in practice. e. conflict between the judicial and legislative branches over the meaning of these rights in practice.
Answer b Page: 126
27. The Fourth Amendment protects Americans from a. all searches. b. all unreasonable searches. c. searches conducted only by federal officers. d. searches conducted only by state officers. e. searches conducted only by local officers.
Answer b Page: 97
3. The individual right that is considered to be the most fundamental to the maintenance of a democratic society is a. the right to an attorney. b. freedom of expression. c. the right to a jury trial. d. the right to an adequate education. e. protection against illegal searches and seizures.
Answer b Page: 99
7. All civil liberties are a. so specific in nature that the courts have no difficulty determining how to interpret them. b. conditional—no right is absolute in practice because a right can conflict with other rights and society's other legitimate interests. c. eventually proven to be unconstitutional at some point. d. contained in the First Amendment. e. known—that is, all rights that citizens have today are exactly the same ones they will have in the future.
Answer b Page: 99
20. Due to the free exercise clause, the Supreme Court ruled that the Amish a. would not have to send their children to school at all. b. could set up their own schools to educate their children. c. did not have to send their children to school past the eighth grade. d. would have to send their children to parochial schools. e. None of the answers are correct.
Answer c Page: 112
10. The absorption of certain provisions of the Bill of Rights into the Fourteenth Amendment so that these rights are protected from infringements by the state governments is called a. the preferred position doctrine. b. procedural change. c. selective incorporation. d. the absorption doctrine. e. prior restraint.
Answer c Page: 104
37. According to the Supreme Court, which is true regarding freedom of assembly? a. Individuals have the right to command immediate access to a public auditorium. b. Individuals have the right to hold a public rally in the middle of a busy intersection at a time of their choosing. c. Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable. d. Public officials can prohibit assembly by unpopular groups. e. Freedom of assembly is an absolute right, because it is in the First Amendment.
Answer c Page: 106
33. In Texas v. Johnson, the Supreme Court ruled that a. flag burning is an imminent danger to public safety. b. flag burning is not symbolic speech. c. flag burning, although offensive, cannot be prohibited. d. flag burning can be prohibited by the national government but not by the states. e. flag burning could be banned by Congress.
Answer c Page: 107
13. The establishment clause prohibits government from a. establishing exceptions to the Bill of Rights. b. establishing exceptions to the Fourteenth Amendment. c. favoring one religion over another or supporting religion over no religion. d. interfering with freedom of assembly. e. interfering with the right to bear arms.
Answer c Page: 109
42. Gideon v. Wainwright required the states to a. temporarily abolish the death penalty. b. expand the exclusionary rule to both felony and misdemeanor cases. c. furnish attorneys for poor defendants in felony cases. d. grant speedy trials to defendants after 90 days of delay. e. provide more funding for education.
Answer c Page: 116
36. "You have the right to remain silent....Anything you say can and will be used against you in a court of law...You have the right to an attorney." This is called a. the preferred position doctrine. b. the clear and present danger test. c. the Miranda warning. d. the fairness doctrine. e. None of the answers are correct.
Answer c Page: 117
25. Public opinion surveys suggest that Americans a. reject politicians who emphasize law and order at the expense of the rights of the accused. b. strongly support civil liberties in practice. c. strongly support civil liberties in the abstract. d. None of the answers are correct. e. All of the answers are correct.
Answer c Page: 126
2. The term civil liberties refers to liberties that a. apply in civil cases but not in criminal cases. b. apply in civil cases but not in military ones. c. are constitutionally protected from infringement by government. d. are constitutionally protected from infringement by individuals. e. are not covered by the First Amendment.
Answer c Page: 98
8. The Supreme Court's position on prior restraint of the press is that a. national security needs are of highest priority. b. only classified government documents are subject to prior restraint. c. prior restraint can never by exercised by government. d. prior restraint should apply only in rare circumstances and that the press is held accountable largely for what is reported rather than by restricting what can be reported. e. prior restraint should be used fairly frequently in a democracy.
Answer d Page: 102
9. Government can lawfully prevent a political rally from taking place a. under no circumstances: people have an unconditional right to express their views. b. when the rally would cost money because of the need for police protection. c. when the views of those holding the rally are unpopular. d. when it can demonstrate clearly that a non-preventable evil will result if the rally is held. e. None of the answers are correct.
Answer d Page: 106
21. The Supreme Court has reasoned that a right of privacy is provided by a. the Civil Rights Act of 1964. b. the Ninth Amendment, which says that people's rights are not limited to those enumerated in the Constitution. c. the Tenth Amendment, which reserves to the people and the states those powers not granted to the federal government. d. a reasonable interpretation of other constitutional protections of individual rights. e. the Civil Rights Act of 1991.
Answer d Page: 112
17. The exclusionary rule states that a. federal law cannot be applied in state courts. b. the laws of one state court cannot be applied in the courts of another state. c. after seven years, the statute of limitations applies except in murder cases. d. evidence obtained illegally is inadmissible in court. e. state law cannot be applied in federal courts.
Answer d Page: 118
51. In a 2006 case (Hamdan v. Rumsfeld) involving the Bush administration's plan to conduct secret trials of detainees accused of terrorism, who in some cases would not be allowed to hear the evidence against them, the Supreme Court held that a. President Bush's authority as commander in chief allows him to decide how persons accused of terrorism will be tried. b. President Bush's authority as chief executive allows him to decide how persons accused of terrorism will be tried. c. the detainees are entitled to the full protections of the U.S. Constitution, just as if they were citizens of the United States. d. President Bush, in his handling of detainees, must comply with U.S. law and the Geneva Convention. e. President Bush can treat the detainees however he chooses as long as a majority in Congress do not object.
Answer d Page: 125
1. The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include a. actions of the president. b. the right to libel public officials. c. actions of the federal government. d. actions of state and local governments. e. actions of the U.S. military.
Answer d Page: 98
26. In Lawrence v. Texas (2003), the Supreme Court ruled that a. the right of privacy includes abortion in the early months of pregnancy. b. search warrants are not needed in murder investigations. c. freedom of speech and freedom of assembly sometimes conflict. d. state militia members have the right to peacefully assemble. e. consensual sex between adults of the same sex is protected by the right to privacy.
Answer e Page: 114
48. In the Constitution, procedural due process is protected by the a. Fourth Amendment. b. Fifth Amendment. c. Sixth Amendment. d. Fourteenth Amendment. e. All of the answers are correct.
Answer e Page: 115
40. Supreme Court Justice Felix Frankfurter once wrote that "the history of liberty has largely been the history of the observance of procedural guarantees." By this he meant a. free speech is the cornerstone of a free society. b. press freedom is the cornerstone of a free society. c. judges are superior to elected officials. d. checks and balances are the cornerstone of liberty. e. that substantial legal protection for those accused of crime is a requirement of a free society.
Answer e Page: 116
43. Since the 1980s, the Supreme Court has addressed the exclusionary rule by a. expanding its application to virtually all criminal cases both at the state and federal levels. b. determining that the rule was unconstitutional, in that it weakened the effectiveness of the police in maintaining an orderly society. c. expanding its application to federal cases only. d. expanding its application to state cases only. e. None of the answers are correct.
Answer e Page: 118
44. The Eighth Amendment prohibits "cruel and unusual punishment." Regarding this constitutional right, the Supreme Court has a. tended to defer to elected officials as to the appropriate penalties for those convicted of crime. b. ruled that capital punishment of juveniles violates this right. c. ruled that capital punishment of the mentally impaired violates this right. d. ruled that repeat offenders can be given harsher sentences than first offenders. e. All of the above answers are correct.
Answer e Page: 121
50. In a 2004 case (Hamdi v. Rumsfeld) involving the issue of whether a U.S. citizen accused of terrorist acts is entitled to constitutional protections, the Supreme Court held that such citizens a. are protected only if they live in the United States. b. are protected only if they have not been previously convicted of a crime. c. are protected only if law enforcement officials decide they deserve such protections. d. must be handled by military courts. e. do have the right to a judicial hearing.
Answer e Page: 124
52. The USA Patriot Act a. grants the government broader powers of surveillance. b. grants the government broader powers of search. c. gives intelligence agencies the authority to share crime-related information with law enforcement agencies. d. was enacted in response to the terrorist attacks of September 11, 2001. e. All of the answers are correct.
Answer e Page: 125
29. The institution that is most partial to the protection of civil liberties is a. the U.S. Congress. b. the federal bureaucracy. c. public opinion. d. the presidency. e. the judiciary.
Answer e Page: 126