practice quiz 5 Flashcards
The free exercise clause
allows individuals to practice their religion without government coercion.
The USA Patriot Act made it easier for
the government to investigate and arrest suspected terrorists.
A writ of habeas corpus is an order that requires
jailers to bring a prisoner before a court and explain why they are being held.
The part of the First Amendment prohibiting the establishment of a church officially supported by the national government is called the
establishment clause.
The original U.S. Constitution did not include a specific listing of civil rights and liberties, according to most historians, because
the framers felt it was unnecessary.
The phrase “wall of separation of Church and State”
was used by Thomas Jefferson, and refers to the establishment clause.
The Constitution prohibits _______________ laws, which make something a crime after the act was committed.
ex post facto
As originally intended, the Bill of Rights
limited only the power of the national government, not that of the states.
In the area of freedom of speech, which of the following is NOT true?
The Supreme Court ruled that universities may not impose mandatory student activity fees.
Civil liberties differ from civil rights because civil liberties refer to protection
from government action, not from other citizens.
As originally written, the Bill of Rights limited the activities of:
the national government, not the state governments.
According to the clear and present danger test, expression could be restricted if
evidence exists that such expression would cause a dangerous condition that Congress has the power to prevent.
The free exercise clause guarantees
the free exercise of religion.
The Court decision that mandated that suspects must be advised of their rights was
Miranda v. Arizona.
The Constitution protects the right to:
All of the above
The death penalty may be imposed only by
a jury or a judge acting upon the recommendation of a jury.
In Engel v. Vitale (1962), the Supreme Court ruled that the Regents’ Prayer used in New York public schools was unconstitutional because
it is no part of the business of government to compose official prayers.
A defendant’s pretrial rights include all of the following EXCEPT
negotiable bail.
In Roe, the Court ruled states can prohibit abortion altogether in the ____ trimester(s)?
third
Obscenity was legally defined by Chief Justice Burger in
Miller v. California.
The type of media that has the least First Amendment protection is
radio and television broadcasting.
Slander is
the public uttering of a false statement that harms the good reputation of another.
In the 1971 Supreme Court case Lemon v. Kurtzman, the Court ruled that direct state aid could NOT be used to
subsidize religious instruction.
Griswold v. Connecticut (1965), which challenged a Connecticut statute making the use of birth control devices a crime, established the principle that
the Bill of Rights as a whole creates a zone of personal privacy or autonomy.
Supreme Court rulings involving the establishment clause most often focus on
aid to religious schools and public school prayer.
To be considered obscene, a work must
lack serious redeeming literary, artistic, political, or scientific merit.
In Griswold v. Connecticut, a 1965 case involving the legality of contraceptives, the Supreme Court
held that the law prohibiting contraceptives violated the right to privacy.
Gag orders have been used to
restrict the publication of news about a pretrial hearing.
If the police conduct a search later found to be unconstitutional, the _______________ holds that evidence collected during the search cannot be used in trial.
exclusionary rule
Where in the Constitution are civil liberties protected?
first ten amendments
The potential for the application of the Bill of Rights to the states began with the passage of the _______________ Amendment in 1868, which adds several restrictions on what the states can do.
14th
In Roe v. Wade, the Supreme Court
extended privacy rights to cover abortion.
Those who read the First Amendment as banning government involvement in all religious affairs advocate
a wall of separation between church and state.
The First Amendment, written in absolute terms, is more likely to be subject to the myth of guarantees
of absolute liberty.
Not until 1925, in Gitlow v. New York, did the Supreme Court hold that the Fourteenth Amendment protected ______ from state infringement.
the freedom of speech
For a public official to obtain damages under libel laws, he or she must
prove the statement was made with actual malice.
Before the latter half of the nineteenth century, abortion was
not a criminal offense before the first movement of the fetus in the uterus.
Nonverbal activities that convey a political message such as saluting the flag, burning the flag, or burning draft cards are referred to as:
symbolic speech.
Prior restraint is defined as
restraining an activity before that activity has actually occurred.
State and local attempts to forbid the teaching of evolution in schools
have not passed constitutional muster in the eyes of the Supreme Court.
Defamation of character is defined as
wrongfully hurting a person’s good reputation.
Civil liberties
restrain the actions of government against individuals.
Under what conditions is prayer permitted in public schools?
If the prayer takes place outside instructional hours and is not sponsored by the school
An individual’s trial rights include all of the following EXCEPT
the right not to be subject to lengthy questioning.
Libel is
defamation in writing.
Freedom of speech, freedom of religion, and freedom of the press are
civil liberties.
The Fourteenth Amendment does all of the following EXCEPT
states that the right to vote shall not be denied or abridged on account of race.
Most protections in the Bill of Rights now apply to the states as a result of the Supreme Court’s interpretation of the ____ clause.
due process
The incorporation theory refers to
the view that most protections of the Bill of Rights apply to state and local governments through the Fourteenth Amendment.
Symbolic speech is
expression made through nonverbal communication.
The New York Times v. United States case
affirmed the no-prior-restraint doctrine.
If police officers were searching everyone leaving a video store and they had no search warrant, you could refuse to be searched on the basis of your constitutional rights guaranteed by which amendment?
Fourth
