Unit 4 Quiz Questions
What was the controversial statement made by Sonia Sotomayor that received somuch attention?
"a wise Latina woman . . . would reach a better conclusionthan a white male."
a reasonable belief A. arrested B. exclusionary rule C. the Fourth Amendment D. interrogation E. probable cause
E.
"Taking the Fifth" refers to the Fifth Amendment right not to defend oneself. True False
False
Seditious speech is protected by the First Amendment. True False
False
State and federal governments in the United States may set up churches and pass laws that favor certain religions. True False
False
Symbolic speech is verbal expression to an audience that has chosen to listen. True False
False
The Supreme Court decision of Dred Scott v. Sandford states that enslaved men should have equal protection under the law. True False
False
Why is the case about Michigan's state constitutional amendment that bans affirmative action important to the whole country?
If the court upheld it, it could encourage other states to pass simialr bans.
On what subject did Sotomayor and President Obama, who nominated her, disagree?
Obama once said that five percent of judging came from the heart, while Sotomayor saidthat the heart should not be driving law
What reasons do conservative senators have for objecting to Sotomayor's nomination?
She brings identity politics into the law where it doesn't belong andthat she puts both her gender and ethnicity front and center
How does the Supreme Court describe speech that is likely to cause immediate violence? A. commercial speech B. libel C. fighting words D. censorship
C.
In which case would free speech be limited by the government? A. to keep the government from looking bad B. to protect public opinion C. to protect public safety D. to keep people from slandering themselves
C.
Why did the newscasters consider Justice Kennedy an especially important member of the Court?
votes during a tie.
Title IX of the Education Amendment Act prohibits discrimination based on A. gender. B. age. C. race. D. disability.
A.
In which case would the government limit the freedom of the press? A. to keep the outcome of a trial from being influenced B. when a gag order is issued by a private citizen C. when a media audience thinks the information is biased D. to keep the identity of convicted criminals safe
A.
In which of the following Supreme Court cases did incorporation of constitutional rights apply? A. Palko v. Connecticut B. Gitlow v. New York C. Barron v. Baltimore D. McDonald v. City of Chicago
A.
The Supreme Court case Hernandez v. Texas prohibited discrimination based on A. national origin. B. race. C. gender. D. sexual orientation.
A.
The Supreme Court case of Roe v. Wade is an example of privacy as it relates to A. reproductive rights. B. government surveillance. C. the right to bear arms. D. information gathering
A.
The main difference between adversarial and inquisitorial systems is in the A. role of the court. B. trial and sentencing process. C. nature of the cases tried. D. use of public defenders.
A.
What does a plea bargain usually involve? A. admission to a lesser crime B. grand jury conviction C. lengthy, public trial D. more severe sentencing
A.
What is an effect of Gideon v. Wainwright? A. An attorney must be provided for indigent defendants in state felony cases. B. An attorney is not necessary for indigent defendants in felony cases. C. An attorney must be provided for indigent defendants in federal felony cases. D. An attorney must be paid for by the defendant in state and federal cases.
A.
What might happen if a police officer forces an accused person into self-incrimination? A. The accused might seek a legal remedy. B. The accused can charge the officer with using physical force. C. The accused must be immediately released. D. The accused might get a maximum sentence.
A.
Which legislation was not passed on the federal level? A. Equal Rights Amendment B. Voting Rights Act C. Civil Rights Act D. Disabilities Education Act
A.
Why did the Constitution include freedoms such as assembly and petition? A. Colonists were not permitted these freedoms under King George's rule. B. They wanted a guarantee of similar rights to those of Great Britain. C. Most government constitutions guaranteed these rights. D. Colonists had been asked for these freedoms by their constituents.
A.
Why did the Supreme Court rule in 1947 that state funds could be used to pay for busing students to religious schools? A. The law would benefit the students and not the religion. B. The law would benefit the religion and not the students. C. Citizens protested and petitioned enough to influence the courts. D. The justices decided that freedom of religion did not apply to state funding.
A.
being taken into custody A. arrested B. exclusionary rule C. the Fourth Amendment D. interrogation E. probable cause
A.
court system in which opposing sides argue their case and present witnesses A. adversarial B. criminal trial court C. jury D. plaintiff E. public defender
A.
What are the topics of the cases that the Supreme Court will hear during the term featured in this video?
Affirnative Action, Abortion, Public Prayer, Campaign Finance
How can both freedom of the press and the right to a fair trial be guaranteed in today's digital world? A. There is no way to guarantee both freedoms at once because they affect each other. B. Courts can sequester juries while the media continues to report trial news. C. News coverage is made only in print and not on the Internet. D. The media can be ordered to provide only limited coverage of events.
B.
How is the judiciary branch checked by other branches? A. Congress enforces the decisions of the courts. B. The president appoints federal judges with the advice and consent of the Senate. C. State legislatures elect local and state judges. D. The executive branch has the power to dismiss judges.
B.
In Miranda v. Arizona, the Supreme Court ruled that suspects A. can never be questioned without an attorney. B. must be informed of their rights. C. must remain silent. D. must ask to speak to an attorney.
B.
In what kinds of cases is procedural due process most often used? A. real estate law B. criminal law C. civil law D. family law
B.
In which event would freedom of assembly be limited? A. an event that protests against the government B. an event that promotes counterdemonstrations of violence C. an event that is larger than three thousand people D. an event in which people have already protested through the press
B.
The Sixth Amendment guarantees which of the following to the accused? A. counsel and jury B. counsel, jury, and witnesses C. counsel D. counsel, jury, witnesses, and at least one plea bargain offer
B.
Under which legislative action is government surveillance allowed? A. Griswold v. Connecticut B. USA Patriot Act C. Roe v. Wade D. Second Amendment
B.
What distinguishes the juvenile justice system from the adult justice system? A. Juveniles are not awarded privacy. B. Jury trials are not required. C. Juveniles cannot be tried in adult courts. D. Status offenses are not allowed.
B.
What does the equal protection clause protect? A. the Fourteenth Amendment rights B. individual rights and limits to the power of government C. procedural and substantive due process D. citizenship for Native Americans
B.
When is the substantial relationship clause used by courts? A. in racial discrimination cases B. in gender discrimination cases C. in strict scrutiny discrimination cases D. in government discrimination cases
B.
Where is the establishment clause located? A. in a 1952 Supreme Court ruling B. in the first phrase of the First Amendment C. in the original United States Constitution D. in the last phrase of the First Amendment
B.
Which Supreme Court case involved the free exercise clause? A. Engel v. Vitale B. Reynolds v. United States C. Allegheny County v. ACLU D. Everson v. Board of Education
B.
Which steps in the trial process are ordered correctly, from first to last? A. opening statements, jury instructions, examinations, verdict, closing statements B. opening statements, examinations, closing statements, jury instructions, verdict C. jury instructions, opening statements, closing statements, examinations, verdict D. jury instructions, examinations, opening statements, verdict, closing statements
B.
hears cases such as burglary, murder, and assault A. adversarial B. criminal trial court C. jury D. plaintiff E. public defender
B.
no right to use illegally obtained evidence A. arrested B. exclusionary rule C. the Fourth Amendment D. interrogation E. probable cause
B.
Someone would have a right to see a search warrant when A. police frisk someone behaving suspiciously. B. police search an arrested person for evidence. C. police want to search the person's home. D. police enter a building during an emergency.
C.
Stopping an African American in a neighborhood because most residents are Hispanic is an example of A. probable cause. B. the exclusionary rule. C. racial profiling. D. self-incrimination.
C.
The Supreme Court case of District of Columbia v. Heller involved the constitutional right to A. have reproductive rights. B. carry guns on the street. C. keep guns in the home. D. have privacy within the home.
C.
The basic rights of free expression are limited for prisoners when A. prison staff does not share the same opinions. B. the other inmates do not share the same opinions. C. the speech could endanger inmates and staff. D. the prisoner is an American citizen.
C.
The judicial branch checks other branches of government by A. writing laws. B. signing and vetoing laws. C. determining laws' consitutionality. D. enforcing the law.
C.
The right to a speedy and public trial can be classified as a component of A. the Fifth Amendment. B. Wainwright v. Gideon. C. the Sixth Amendment. D. the juvenile justice system.
C.
To preserve the democratic principles of checks and balances, courts can only decide questions of law if A. local, state, or federal legislatures cannot find a solution. B. the issue presents a challenge to the Constitution. C. questions are brought to them in the form of cases. D. a crime has been committed.
C.
What is the name for provisions in state constitutions that ban government aid to any school with a religious affiliation? A. establishment clause B. graven images provisions C. Blaine amendments D. free exercise clause
C.
What principle of law is the starting point for every trial? A. The defendant has the opportunity to introduce evidence. B. The defendant has the right to a jury trial. C. The defendant is presumed innocent. D. The defendant is offered a plea bargain.
C.
What type of discrimination does the League of United Latin American Citizens (LULAC) work to prevent? A. race B. gender C. national origin D. sexual orientation
C.
Which kinds of rights are limited in schools? A. Fifth Amendment rights B. Miranda rights C. Fourth Amendment rights D. Sixth Amendment rights
C.
Why was the Fourteenth Amendment important? A. It established the right to petition. B. It established the right to assembly. C. It established citizenship for African Americans. D. It established freedom of speech.
C.
citizens that render a verdict in a case based on evidence A. adversarial B. criminal trial court C. jury D. plaintiff E. public defender
C.
protects people from unreasonable searches and seizures A. arrested B. exclusionary rule C. the Fourth Amendment D. interrogation E. probable cause
C.
How did the Supreme Court rule on affirmative action in college admissions? A. It said that racial quotas must be instituted. B. It put off the decision until more cases were presented. C. It ordered schools to institute gender quotas. D. It said that racial quotas were illegal.
D.
In which Supreme Court decision did it rule that public school-sponsored prayer violates the establishment clause, even when it is voluntary? A. Zelman v. Simmons-Harris B. Reynolds v. United States C. McCreary Co v. ACLU D. Engel v. Vitale
D.
The First Amendment right that requests government action is freedom of A. speech. B. press. C. assembly. D. petition.
D.
The National Rifle Association (NRA) fights for Second Amendment rights through A. private surveillance. B. gun control legislation. C. private business donations. D. lobbying and legislation.
D.
The U.S. Supreme Court has the power to A. advise Congress on laws. B. veto laws. C. revise and rewrite laws. D. declare laws unconstitutional.
D.
Under what circumstance would the government limit privacy by conducting surveillance on individual citizens? A. to limit gun ownership B. to limit reproductive rights C. to seize guns D. to protect national security
D.
What happens when a criminal case is judged to be beyond a reasonable doubt? A. The defendant is given his or her liberty. B. The defendant must admit to committing the crime. C. The defendant must introduce new evidence. D. The defendant is usually found guilty.
D.
What is the most democratic aspect of a criminal trial? A. public defender B. state prosecution C. judge D. jury
D.
Which individual set a precedent for codifying complex bodies of law? A. Moses B. Hammurabi C. Blackstone D. Justinian
D.
Which type of expression is defined as being offensive or indecent in nature? A. slander B. defamation C. libel D. obscenity
D.
Why was the First Amendment considered to be such an important idea for Americans? A. It provided democratic ideas that Americans had never considered before. B. It showed the importance of being able to bear arms. C. It showed that Americans could never be limited in their rights. D. It enabled citizens to freely participate in democracy.
D.
questioning an accused person A. arrested B. exclusionary rule C. the Fourth Amendment D. interrogation E. probable cause
D.
the party in a civil case that accuses another party of causing damage A. adversarial B. criminal trial court C. jury D. plaintiff E. public defender
D.
appointed by court to uphold the Sixth Amendment A. adversarial B. criminal trial court C. jury D. plaintiff E. public defender
E.
Because of Roe v. Wade, individuals are protected from racial discrimination in schools. True False
False
Freedom of petition is a right guaranteed by most forms of government. True False
False
In a plea bargain, the accused pleads guilty to the original crime. True False
False
In one case, the Supreme Court approved a plan to give low-income families vouchers to send their children to private schools, except religiously affiliated schools. True False
False
In order to make fair decisions without undue influence by outside forces, judges must be elected. True False
False
Native Americans were granted U.S. citizenship in 1950. True False
False
Prior restraint is censorship of information after it is published. True False
False
Procedural due process means that the laws themselves have to be fair. True False
False
The Voting Rights Act of 1964 prohibited discrimination based on race, gender, religion, and national origin. True False
False
The earliest known written laws, on which many modern American laws are based, were the Ten Commandments. True False
False
The most significant basis of the American legal system is the Roman Twelve Tables. True False
False
The presumption of innocence means that the government must prove a person is innocent of a crime. True False
False
There are no amendments that directly or indirectly address the issue of an individual's right to privacy. True False
False
There are no circumstances under which the government may limit the right to keep and bear arms. True False
False
What does Justice Ginsburg say the genius of the Constitution is?
Ginsburg says that the genius of the Constitution is that the "we" in "we the people" has expandedand expanded over time, despite some turbulent years. It now includes women, and there are nolonger enslaved persons
What case did the Supreme Court hear in the previous term that ended with a decision that the reporter says shocked everyone?
Supreme Court upheld the president's health care law
What was the Supreme Court's decision about the executive branch's proposedmilitary tribunal for a suspected al Qaeda member, and what does Justice Ginsburg say theCourt's reasoning was?
The executive branch wanted to hold military tribunals for suspected al Qaeda members, but theSupreme Court ruled against that. According to Ginsburg, the question at issue was not whetherthe plan was a good or bad one, but whether the president had the authority to make such adecision on his own. The justices decided that he did not, because there is a shared responsibilitywith the legislative branch. The Court also took into account international treaties requiringhumane treatment. Ginsburg agreed with former Justice Sandra Day O'Conner, who said that astate of war does not give the president a blank check.
A court must provide legal counsel for criminal defendants who cannot afford it. True False
True
Discrimination is unfair treatment of individuals based solely on their race, gender, national origin, age, physical disability, or religion. True False
True
Freedom of speech may be limited when there is a risk to public safety. True False
True
In New York Times Co. v. United States, the Supreme Court ruled against prior restraint. True False
True
In addition to freedom of the press, the First Amendment protects the freedom of assembly and freedom of petition. True False
True
In the 1950s, some public schools did not allow children of different races to go to school together. True False
True
Jim Crow laws were enacted by the states in response to the protections of the Fourteenth Amendment. True False
True
One way that Dr. Martin Luther King, Jr., took part in the civil rights movement was by organizing sit-ins. True False
True
The First Amendment protects freedom of speech, including freedom of the press. True False
True
The Founders of the United States were concerned about religious freedom and wanted it to be part of the new government they formed. True False
True
The Fourteenth Amendment granted citizenship to all persons born in the United States, guaranteed due process of law, and guaranteed equal protection of the law. True False
True
The Second Amendment protects an individual's right to own a gun. True False
True
The Sixth Amendment provides for a trial by an impartial jury in the area where a crime was committed. True False
True
The Supreme Court interprets rights guaranteed by the Constitution, including the right to freedom of speech. True False
True
The Supreme Court ruling in Roe v. Wade established a woman's right to an abortion during the first six months of pregnancy. True False
True
The free exercise clause in the First Amendment protects the rights of individuals to worship as they choose. True False
True
The government balances freedom of assembly with protection of the public and communities. True False
True
The judicial branch has the power to determine whether laws and actions of government comply with the Constitution through judicial review. True False
True
The main purpose of the judicial branch of government is to interpret the laws. True False
True
There are some circumstances under which the government may limit an individual's right to privacy. True False
True
Thomas Jefferson once referred to the establishment clause as "a wall of separation between church and state." True False
True
What three subjects did Justice Ginsburg refuse to discuss in her interview, and why didshe refuse?
abortion, the separation of church and state, and the 2000 case thatled to Bush winning the presidency because those issues may come before the Court.
On what subjects did members of the Senate Judicial Committee question Sotomayor?
gun rights, and a case aboutwhite firefighters in New Haven.
What explanation does Justice Ginsburg give for why she won't talk about cases or howshe will vote in advance?
she doesn't discuss in advance how she will vote on cases because she can't possibly know. She says that she needs the education that comes from reading the opinions of the lower courts, reading the briefs, listening to the oral argument, and from the conference with her colleagues.
