Civil Liberties Quiz

Fourteenth Amendment

no state shall deny to any person within its jurisdiction "the equal protection of the laws" protects people of different races, people of different genders, people of different ages

Which Amendment covers Double Jeopardy

Fifth Amendment

Reasonable Basis Test

If a law is reasonable related to a legitimate government interest; more general; drinking age is 21 voting age is 18; AGE

Which Amendment covers Cruel and Unusual Punishment

Eighth Amendment

Disadvantaged Americans have generally gained their rights a. through the enlightened policies of advantaged Americans b. through judicial action only c. through struggle against entrenched interests d. mainly through action by the states rather than the federal government e. by waiting patiently for public opinion to back their cause

c. through struggle against entrenched interests

Describe three forms of expression that are not protected by the First Amendment

1. Obscenity: Material that, according to a reasonable person, depicts sexual material in a patently offensive way, as a whole has no redeeming social value, and does not meet standards based on a community's locale 2. Slander: Spoken word that recklessly and knowingly disregards the truth 3. Libel: Published material that recklessly and knowingly disregards the truth 4. Child Pornography: Content that depicts children in a sexual manner 5. Burning draft cards to protest the war (government property)

Describe three forms of expression that are protected by the First Amendment

1. The freedom of speech 2. The freedom to assemble 3. The freedom of press 4. The freedom to petition 5. Burning the American flag

Which Amendment covers Freedom of Religion

First Amendment

Strict Scrutiny Test

If it can be substantially related to some government interests; Rotsker v. Goldberg - women should be eligible for the draft - no; more specific; GENDER, ELDERLY

Intermediate Scrutiny Test

Law is unconstitutional unless there is a compelling basis; suspect classifications; prevent no matter what; RACE

What Supreme Court case created the test in determining if something is obscene?

Miller v. California

Which Amendment covers the Right to Counsel

Sixth Amendment

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 lawful 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 Amerndment

a. Obscenity is not protected by the First Amendment

In Mapp v. Ohio, the selective incorporation process 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

a. criminal proceedings in the states

In applying the reasonable basis test, courts tend to a. require government only to show that a particular law is reasonable b. assess whether a law had the support of a two-thirds majority of legislators at the time of passage c. determine whether a law is working well and, if so, to allow it to remain in effect d. prohibit any law that results in the unequal treatment of Americans e. interpret the equal protection clause in a strict manner

a. require government only to show that a particular law is reasonable

De jure discrimination and de facto discrimination are two ways in which some Americans are treated as less equal than others. Examples of public policies designed to address each of these forms of discrimination are a. the Brown decision (de jure), and affirmative action (de facto) b. affirmative action (de jure), and the Voting Rights Act of 1965 (de facto) c. the Voting RIghts Act of 1965 (de jure), and the Brown decision (de facto) d. the Supreme Court's busing decisions (de jure), and affirmative action decisions (de facto) e. None of these answers is correct.

a. the Brown decision (de jure), and affirmative action (de facto)

Libel 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 these answers is correct

a. written word

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 his freedom of speech according to the doctrine of a. malice. b. clear and present danger c. unlawful assembly d. privacy e. prior restraint

b. clear and present danger

Equality of result policies are primarily directed at _____ discriminatory effects. a. de jure b. de facto c. religious d. gender e. due process

b. de facto

The Lemon test is designed to a. test a state's practice of guaranteeing procedural due process rights b. ensure the secular nature of a government action c. prevent a prosecution or defense from creating a biased jury d. test state adherence to rights protected by proxy in the Fourteenth Amendment e. ensure that a defendant has been given access to counsel from the time of arrest through a trial

b. ensure the secular nature of a government action

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 these answers is correct

b. not absolute

Any law that attempts a racial or ethnic classification is subject to the a. reasonable basis test b. strict scrutiny test c. intermediate scrutiny test d. precedent basis test e. suspect classification test

b. strict scrutiny test

According to the Supreme Court, prayer in 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

b. the establishment clause

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

b. the government can clearly justify the restriction

Which statement about women's rights is correct? a. The Equal RIghts Amendment (ERA) was ratified by the necessary 38 states in 1982 b. The women's rights movement began in the era of World War I and within a few years achieved voting rights for women c. Women have made clear gains in the areas of appointive and elective offices. d. Women tend to case their votes for Republican candidates e All of these answers are correct.

c. Women have made clear gains in the areas of appointive and elective offices.

The inevitable discovery exception a. holds that the exclusionary rule can be waived in cases where failure to convict can lead to further public harm b. holds that otherwise excludable evidence can be admitted in trial if police believed they were following the proper procedures c. allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence d. has effectively invalidated the exclusionary rule e. holds that a convicted person may not appeal the conviction when his or her own actions would have ultimately led to further unlawful acts

c. allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence

The term "civil liberties" refers to specific individual rights 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

c. are constitutionally protected from infringement by government.

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 defendant in felony cases d. grant speedy trials to defendants after 90 days of delay e. provide more funding for education

c. furnish attorneys for poor defendant in felony cases

The focus of civil liberties is the ______ and the focus of civil rights is the _______. a. individual; individual b. group; group c. individual; group d. group; individual e. Tenth Amendment; Twenty-seventh Amendment

c. individual; group

The Supreme Court concept of suspect classifications suggests that a. it is impossible to impose quotas fairly because they require classifications of merit based on race b. it is inherently suspect to classify one school district or public facility reserved for a particular race as inferior or superior to another c. laws that classify people differently on the basis of their race or ethnicity are presumed to have discrimination as their purpose d. any form of classification of people based on race or gender is not a sufficient basis for which to overturn an established federal law e. any law designed to specifically affect members of different genders in different ways is inherently discriminatory

c. laws that classify people differently on the basis of their race or ethnicity are presumed to have discrimination as their purpose

The inclusion of certain provisions of the Bill of Rights in 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

c. selective incorporation

The Civil Rights Act of 1964 was aimed in large part at eliminating discrimination a. by governments in their conduct of elections (e.g., registration, placement of polling booths) b. by private individuals in their social relations--bigoted statements and other acts of prejudice are unlawful under most circumstances c. by government in their job practices and provision of services (e.g., schools, roads) d. by private individuals in their employment practices and in their operation of public accommodations (e.g., hotels, restaurants) e. against gays and lesbians

d. by private individuals in their employment practices and in their operation of public accommodations (e.g., hotels, restaurants)

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

d. evidence obtained illegally is inadmissible in court

Which constitutional amendment protects the individual against self-incrimination? a. first b. second c. fourth d. fifth e. ninth

d. fifth

The Supreme Court's decision in the Regents of the University of California v. Bakke case a. invalidated the principle of affirmative action b. ruled that Bakke could not be admitted to medical school c. established quota systems as a legitimate basis of affirmative action d. upheld the principle of affirmative action e. None of these answers is correct

d. upheld the principle of affirmative action

Government can lawfully prevent a political rally from taking place a. under no circumstances; people have an unconditioned right to express their views. b. when the rally would require unduly expensive police protection c. when the views of those holding the rally are unpopular d. when it can demonstrate that harmful acts will necessarily result from the rally e. None of thses answers is correct.

d. when it can demonstrate that harmful acts will necessarily result from the rally