Unit 3 Flashcards
Which of the following requires a warrant?
A. The installation of a wiretap.
B. Seizure of evidence that is in plain view.
C. Mandatory drug-testing of student athletes.
D. Search of a vehicle if there is probable cause to believe a crime has been committed.
A.
According to the 4th Amendment, a warrant can be issued only in cases where there is
A. Immediate danger.
B. A summons.
C. Probable cause.
D. Strong suspicion.
C.
The 13th Amendment banned
A. slavery and involuntary servitude.
B. state or federal laws that discriminate against any group because of ancestry or ethnic character.
C. abortion.
D. racial discrimination by government or private persons.
A.
Evidence gained as a result of an illegal act by police cannot be used against the person from whom it was seized. This is called
A. a bill of attainder.
B. double jeopardy.
C. The Exclusionary rule.
D. Probable cause.
C.
The major rule the Supreme Court applies in wiretapping cases is that
A. Wiretaps may only be used under the supervision of the courts.
B. Only federal law enforcement agencies may use wiretaps.
C. Evidence obtained through electronic means is a violation of the right to privacy.
D. Wiretaps may be used only in public places.
A.
The specific rights that are covered under the 14th Amendment’s Due Process Clause
A. are listed in the Bill of Rights.
B. have been eliminated one-by-one by the Supreme Court.
C. have been spelled out case-by-case by the Supreme Court.
D. are listed in each State’s constitution.
C.
Protection against arbitrary acts of the government are technically known as
A. civil rights.
B. rights of association.
C. libel.
D. civil liberties.
D.
Because the Supreme Court has never found the 2nd Amendment to be within the meaning of the 14th Amendment’s Due Process clause,
A. Citizens are free to keep arms in their home without government restrictions.
B. States may not keep militias.
C. Citizens are strictly forbidden to keep guns in their homes.
D. States can limit the right to keep and bear arms.
D.
For an arrest to be lawful, police must have either a warrant or
A. a grand jury indictment.
B. a bill of attainder.
C. a writ of habeas corpus.
D. probable cause.
D.
The 2nd Amendment states that (choose all that apply.)
A. people accused of crimes do not have to incriminate themselves.
B. involuntary servitude is unconstitutional.
C. citizens are entitled to keep and bear guns.
D. each State may keep a militia.
C & D
Which of the following statements about civil rights are true? (Mark all that apply.)
A. Each person’s rights are relative to the rights of others.
B. Rights sometimes conflict with one another
C. Some rights may be limited in wartime.
D. Rights are extended only to citizens.
All but D
Reasonable suspicion of a crime is called
A. probable cause.
B. discrimination.
C. slander.
D. the police power.
A.
The Due Process Clause of the 14th Amendment guarantees that
A. State governments will police the National Government.
B. States will not deny people any basic or essential liberties.
C. States are not bound by their State constitutions in matters of individual rights.
D. The National Government will not interfere with constitutional rights.
B.
The 9th Amendment protects
A. freedom of speech and the press.
B. freedom of religion.
C. the right to a jury trial.
D. individual rights not listed in the Constitution.
D.
Positive acts of government that seek to make constitutional guarantees a reality for all are known as
A. civil rights.
B. rights of association.
C. civil liberties.
D. Free Exercise Clauses.
A.
What is one of the rights NOT stated in the Constitution that the Supreme Court has decided is “retained by the people”?
A. The right not to be convicted with illegally-gained evidence
B. The right to free assembly
C. The right to a speedy trial
D. The right to speak freely
A.
Today, police need to get a search warrant before they can
A. Open the glove compartment or trunk of an automobile in order to search it.
B. Search the home of a person suspected of criminal activity.
C. Seize evidence that is in plain view.
D. Search garbage bags in front of a home or office.
B.
Which of the following statements about the 4th Amendment is true?
A. It applies only to the States.
B. It prohibits all arrests made without a warrant.
C. It forbids unreasonable searches and seizures.
D. It has been of little importance in our history.
C.
The first ten amendments to the Constitution are known as the
A. Preamble.
B. Unalienable Rights
C. Bill of Rights.
D. Due Process Clauses.
C.
In order to obtain a search warrant, police must have
A. a writ of assistance.
B. probable cause.
C. police power.
D. a bill of attainder.
A.
Which of the following is included in the First Amendment? (Mark all that apply.)
A. Right of assembly B. Freedom of speech C. Freedom of religion D. Right of petition E. Freedom of the press
All of the Above
Most of the Court’s Establishment Clause decisions have involved
A. church groups engaged in political activity
B. the official use of prayer by governmental bodies.
C. tax exemptions for religious organizations.
D. public and parochial schools.
D.
Which of the following types of commercial speech may States prohibit? (Mark all that apply.)
A. Advertisement of products that are harmful to the public
B. False advertisement
C. Advertisement of prescription drugs
D. Advertisement of services that are illegal
B & D
The purpose of the Lemon test is to
A. determine the constitutionality of State aid to parochial schools
B. supply money for private and parochial schools to administer tests
C. decide which parochial schools are eligible for State aid.
D. eliminate all State aid to parochial schools
A.
Those who use speech to trigger an immediate danger or criminal action can be punished. This Supreme Court guideline is called
A. prior restraint.
B. the clear and present danger rule.
C. the lemon test.
D. the symbolic speed test.
B.
The false and malicious use of the spoken word
Slander
The false and malicious use of the printed word
Libel
Expression by conduct such as carrying a sign or wearing an armband
Symbolic Speech
Provides a separation between church and state
Establishment Clause
Protects the right to hold one’s own religious beliefs
Free Exercise Clause
The crime of attempting to overthrow or disrupt the government by force
Sedition
the right to gather with others to promote political, economic, and social causes
Guarantee of Association
Which of the following are not protected by the 1st Amendment? (Mark all that apply.)
A. Symbolic speech B. Seditious speech C. Slander D. Prior restraint E. Obscenity
All but A
The distinction the Court has made between prayer in Congress or in State legislatures, and prayer in public schools, is based largely on
A. whether the prayer advances religion
B. whether the prayer in any way threatens the public safety.
C. the maturity of those being led in prayer.
D. the doctrine expressed in the prayer.
C.
Which of the following is NOT protected as free speech?
A. Arguing with a public official
B. Criticizing the government
C. Criticizing someone’s religion
D. Inciting a person to commit a crime
D.
Government has the right to make reasonable rules regulating assemblies in order to
A. limit free speech.
B. control the content of a demonstration
C. prevent the protest of government policies.
D. protect against the inciting of violence or the endangerment of life.
D.
Which of the following is a true statement regarding the right of assembly? (Mark all that apply.)
A. If a demonstration creates violence, the demonstrators can be lawfully arrested even if they have remained peaceful.
B. Assembling is a way by which Americans can seek to influence public policy.
C. Demonstrations which trespass private property are protected by the 1st Amendment.
D. Government can make and enforce reasonable rules covering time, place, and manner of assemblies.
E. Government can strictly regulate what is said during assemblies and demonstrations.
B & D
Which of the following are rules by which the Supreme Court judges obscenity cases? (Mark all that apply.)
A. Would the average person, judging by community standards, find the material obscene?
B. Does the material have serious artistic, literary, political, or scientific value?
C. Does the material describe in an offensive conduct specifically prohibited by an obscenity law?
D. Was the material created by practices that exploit women or minors?
All but D
Which of the following is a false statement regarding freedom of religion.
A. Public schools may sponsor religious exercises such as prayer, meditation, and Bible readings.
B. The Establishment Clause prohibits Congress from mandating a state religion.
C. The Supreme Court has allowed schools to institute “released time” programs so that students may attend private religious classes.
D. Government may use tax money to pay for busing students to parochial schools.
A.
Which of the following is a true statement?
A. A shield law protects reporters from being forced to reveal their sources.
B. Any comments criticizing the government are considered seditious speech.
C. Wearing arm bands and burning flags are examples of prior restraint.
D. The Supreme Court has ruled that States may prohibit the teaching of evolution.
A.
Which of the following are true statements about treason? (Mark all that apply.)
A. Prosecutors may charge a person with treason if they can show that the accused levied war against the United States.
B. A mandatory life sentence is the maximum penalty for treason.
C. Most State constitutions provide for treason.
D. If the accused does not confess, prosecutors must produce at least two witnesses to an overt act of treason in order to gain a conviction.
All but B
The Supreme Court has applied much of the Bill of Rights to the States through the application of which Amendment?
A. 14th Amendment
B. 4th Amendment
C. 5th Amendment
D. 13th Amendment
A.
A grand jury
A. plays a role in all federal and most State criminal cases today.
B. returns a true bill of indictment when it finds enough evidence to warrant a trial.
C. conducts its proceedings in public.
D. decides the guilt or innocence of those accused of crimes.
B.
The right of citizens to just, legal action and court procedures before punishment can be levied is called
A. eminent domain
B. habeas corpus
C. double jeopardy
D. due process
D.
To have a fair trial, a person is guaranteed which of the following? (Mark all that apply.)
A. Media coverage if demanded B. Trial by a jury C. Trial within a reasonable time D. The chance to face his/her accusers E. Adequate defense
B C & E
Capital punishment is
A. another name for bail.
B. to make war against the United States.
C. a heavy fine.
D. a penalty of death.
D.
If a person is tried for murder and the jury cannot decide on a verdict, the law says she
A. Cannot be retried for the same action unless there is new evidence.
B. Can be retried but only on a different charge, such as manslaughter.
C. Cannot be retried because a second trial would violate the ban on double jeopardy.
D. Can be retried on the same charge because a hung jury does not constitute double jeopardy.
D.
A court order which prevents a prisoner from being held indefinitely without being charged
Writ of habeas corpus
A law, banned by the Constitution, under which an individual may be fined or punished without the benefit of a trial.
A bill of attainder
A law, banned by the Constitution, which makes an act crime and then punishes someone for committing the act before the law was passed
Ex post facto
A formal complaint presented to a grand jury against the accused by the prosecutor
Indictment
To be tried for the same crime more than once, an action not allowed by the 5th Amendment
Double jeopardy
If the accused waives their right to a jury trial, the judge alone hears the case and determines guilt or innocence.
Bench Trial
Those arrested must be read a list of their rights and those rights explained if they do not understand them
Miranda Rule
Money or property posted as a guarantee that the accused will return for trial is called
A. preventive detention.
B. equity.
C. bail.
D. a bill of attainder.
C.
The long series of Court rulings on the rights of the accused have established that (Mark all that apply.)
A. society is best protected when the rights of the accused are protected.
B. every accused person is presumed innocent until proven guilty.
C. if police do not follow the letter of the law, their conduct may result in a guilty person going free.
D. Due process may be exactly defined.
All but D
The only crime that is specifically defined in the Constitution is
A. sabotage.
B. treason.
C. espionage.
D. murder.
B.
The States’ police power is defined as the right to
A. Protect public health, safety, morals, and general welfare.
B. punish crimes within the limits set by the Constitution.
C. Protect the citizenry against crime.
D. Keep a militia and an armed law enforcement agency.
A.
Which of the following is a false statement?
A. The Supreme Court has ruled that a trial must not be too speedy or too public.
B. The Supreme Court has ruled that denying medical treatment to prisoners is cruel and unusual punishment.
C. The Supreme Court has ruled that all accused persons are entitled to bail.
D. The Supreme Court has ruled that capital punishment, fairly applied, is constitutional.
C.
The process by which one culture merges into and becomes part of another culture is called
A. segregation.
B. integration.
C. assimilation.
D. naturalization.
C.
The separation of one group from another is called
A. heterogeneous society.
B. segregation.
C. integration.
D. assimilation.
B.
What is the largest minority group in the United States?
A. Native Americans
B. Asian Americans
C. Hispanic Americans
D. African Americans
C.
People who leave their homes to seek protection from war, persecution, or some other danger are called
A. refugees.
B. expatriots.
C. immigrants.
D. aliens.
A.
Most of the steps that have been made toward making equal rights a reality for all persons in the United States have been made by and on behalf of
A. Native Americans
B. African Americans
C. Asian Americans
D. women
B.
Which is the MOST accurate description of the way minority groups historically have been treated in the United States?
A. with reluctance to accept their equality
B. with a sincere recognition of their cultural differences
C. with complete equality
D. with willing acceptance of immigrants, but only forced acceptance of those minorities already residing in the United States
A.
Over time, the makeup of the American population has become
A. more stable.
B. less heterogeneous.
C. more diverse.
D. less ethnic.
C.
In the past, women have been denied which of the following? ( Mark all that apply.)
A. The right to own property
B. Equal pay for equal work
C. Educational opportunities
D. Suffrage
All of the Above
In recent decades, the fastest growing minority group in the United States has been
A. Asian Americans
B. Hispanic Americans
C. Native Americans
D. African Americans
A.
Which of the following paved the way for nearly 60 years of continued segregation in the United States?
A. the strict scrutiny test
B. the rational basis test
C. Brown v. Board of Education
D. the separate-but-equal doctrine
D.
One test that the Supreme Court uses to determine the validity of laws that discriminate between groups of people is the
A. Due Process test.
B. rational basis test.
C. Constitution.
D. Equal Protection test.
B.
In regard to the issue of equality, the Constitution states that
A. all people are equal in all ways.
B. government cannot draw distinctions between persons and groups.
C. slaves should be equal to free people.
D. no person can be denied equal protection of the laws.
D.
Which of the following statements does accurately describe the Supreme Court decision in Brown v. Board of Education of Topeka? ( Mark all that apply.)
A. It held that segregation by race in public education is unconstitutional.
B. It quickly brought about integration of schools in this country.
C. It reversed the earlier decision in Plessy v. Ferguson.
D. It struck down the separate-but-equal doctrine in education.
All but B
One reason that women earn 80 cents for every dollar earned by men is that
A. historically, women have never formed labor unions to achieve equal pay.
B. on average, women are less capable for business than men.
C. they are in the minority.
D. on average, only low-paying occupations were open to women.
D.
Which of the following are consequences of the historical bias against Native Americans in this country? (Mark all that apply.)
A. the infant mortality rate of Native Americans.
B. the life expectancy of Native Americans.
C. the growth of the Native American population in the United States.
D. the unemployment rate among Native Americans.
All but C
The process of bringing a group into equal membership in society is called
A. segregation.
B. integration.
C. assimilation.
D. naturalization.
B.
The Native American population dropped drastically after the arrival of Europeans in North America, largely as a result of
A. warfare and poverty
B. poverty and slavery
C. slavery and disease
D. disease and warfare
D.
In an earlier part of United States history, Congress
A. consistently acted for the benefit of minority groups.
B. pursued legislation aiding African Americans, but not women.
C. helped further the discrimination of minorities by inaction.
D. pursued legislation aiding women only.
C.
One test that the Supreme Court uses to determine the validity of laws that discriminate between groups of people is the
A. equal protection test.
B. lemon test.
C. rational basis test.
D. due process test.
C.