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Answer: b
Test Bank Item Title: TB_Q14.6.27
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 433
Skill Level: Understand the Concepts
Difficulty Level: Moderate
28. The Supreme Court has ruled that states can limit abortions if the regulations do
not pose which of the following?
a. a bar to equal protection
b. a due process violation
c. a prior restraint
d. an undue burden
Topic: Privacy Rights
Learning Objective: LO 14.5: Assess the kinds of behavior that may be covered
by a constitutional right to privacy.
Page Reference: 431
Skill Level: Understand the Concepts
Difficulty Level: Moderate
29. The Supreme Court briefly outlawed which of the following in the 1970s due to
concerns that it might violate the Eighth Amendment?
a. capital punishment
b. access to court-appointed counsel
c. symbolic speech protection
d. the exclusionary rule
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 436
Skill Level: Understand the Concepts
Difficulty Level: Moderate
30. Which of the following is offered the least protection under the First Amendment
freedom of speech?
477
a. beliefs
b. values
c. speech
d. actions
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 423
Skill Level: Understand the Concepts
Difficulty Level: Moderate
31. What type of due process protects citizens from arbitrary or unjust state or federal
laws?
a. procedural
b. constitutional
c. substantive
d. individual
Topic: Due Process Rights
Learning Objective: LO 14.4: Distinguish between procedural and substantive
due process.
Page Reference: 429
Skill Level: Understand the Concepts
Difficulty Level: Moderate
32. The Supreme Court has used selective incorporation to __________ the rights of
states.
a. protect
b. limit
c. expand
d. enforce
Topic: The Basis for Our Civil Liberties
Learning Objective: LO 14.1: Trace the roots of civil liberties in the original
Constitution and their subsequent development in the Bill of Rights.
Page Reference: 419
Skill Level: Analyze It
478
Difficulty Level: Difficult
33. The right of the individual to contract, to acquire useful knowledge, and to marry
are liberties that are expressly protected by which type of due process?
a. civil
b. substantive
c. criminal
d. procedural
Topic: Due Process Rights
Learning Objective: LO 14.4: Distinguish between procedural and substantive
due process.
Page Reference: 429
Skill Level: Understand the Concepts
Difficulty Level: Moderate
34. Before 1990, the Supreme Court allowed government infringement on religious
practices if __________.
a. such infringement reinforced the “wall of separation” between church and state
b. the law was not targeted at particular religious groups
c. the government had a compelling interest in doing so
d. the religious practices in question were widely condemned
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 423
Skill Level: Understand the Concepts
Difficulty Level: Moderate
35. What type of jury privately hears evidence presented by the government to
determine whether persons should be required to stand trial?
a. petit
b. private
c. secret
d. grand
479
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 435
Skill Level: Remember the Facts
Difficulty Level: Easy
36. In what year did the Supreme Court lift the moratorium on the death penalty?
a. 1966
b. 1963
c. 1981
d. 1976
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 436
Skill Level: Remember the Facts
Difficulty Level: Easy
37. Which Supreme Court case upheld California’s three felonies rule, which allowed
a 25-years-to-life sentence for certain convictions?
a. Ewing v. California
b. Gideon v. Wainwright
d. Miller v. California
e. Allegheny v. ACLU
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 436
Skill Level: Understand the Concepts
Difficulty Level: Moderate
38. The USA PATRIOT Act expands an exception found in which amendment to
allow spying?
a. First
b. Second
c. Fourth
480
d. Fifth
Topic: Protecting Our Civil Liberties in an Age of Terror: Whose Responsibility?
Learning Objective: LO 14.7: Evaluate the roles of institutions and the people in
protecting civil liberties.
Page Reference: 440
Skill Level: Apply What You Know
Difficulty Level: Difficult
39. The “right to remain silent” is a citizen’s protection against which of the
following?
a. governmental intrusion
b. search and seizure
c. religious establishment
d. self-incrimination
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 434
Skill Level: Understand the Concepts
Difficulty Level: Moderate
40. If a grand jury agrees that a trial is justified, its next step is to __________.
a. make an offer for a plea bargain
b. assign jurors to the case
c. issue an indictment
d. advice the defendant of Miranda guidelines
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 435
Skill Level: Understand the Concepts
Difficulty Level: Moderate
41. The double jeopardy clause keeps an individual who is acquitted of a crime from
which of the following?
481
a. media coverage
b. being tried again
c. asserting innocence
d. seeking the assistance of an attorney
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 436
Skill Level: Understand the Concepts
Difficulty Level: Moderate
42. Procedural due process limits __________, while substantive due process limits
__________.
a. what the law is; how the law is applied
b. how the law is applied; what the law is
c. regulation of speech; regulation of action
d. infringement on civil liberties; infringement on civil rights
Topic: Due Process Rights
Learning Objective: LO 14.4: Distinguish between procedural and substantive
due process.
Page Reference: 429
Skill Level: Analyze It
Difficulty Level: Difficult
43. The establishment clause was created, in part, as a reaction to which of these?
a. Native American principles
b. French civil law
c. the English legal system
d. Spanish jurisprudence
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 419
Skill Level: Understand the Concepts
482
Difficulty Level: Moderate
44. How did the Supreme Court’s decision in Kelo v. City of New London broaden the
power of eminent domain?
a. by expanding eminent domain to environmental regulations
b. by including takings in which the title is left in the owner’s name
c. by extending the power of eminent domain to the states
d. by including economic development as a public use
Topic: Property Rights
Learning Objective: LO 14.3: Explain how the Constitution protects property
rights.
Page Reference: 428
Skill Level: Analyze It
Difficulty Level: Difficult
45. Which of the following would be permitted under the nonpreferentialist test?
a. government grants to a wide range of private religious charities
b. warrantless searches of individuals whom police suspect of committing crimes
c. government censorship of news stories related to national security matters
d. speech advocating the overthrow of the government
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 421 – 422
Skill Level: Apply What You Know
Difficulty Level: Difficult
46. A four-letter profanity worn on a sweatshirt would be considered __________.
a. hate speech
b. fighting words
c. obscenity
d. protected speech
Topic: First Amendment Freedoms
483
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 424
Skill Level: Apply What You Know
Difficulty Level: Difficult
47. In recent years, the Supreme Court has struggled to address __________ on the
Internet in a First Amendment context.
a. slander
b. libel
c. obscenity
d. fighting words
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 427
Skill Level: Understand the Concepts
Difficulty Level: Moderate
48. In the most recent case of selective incorporation in 2010, the Supreme Court
applied the __________ to the states.
a. First Amendment right to free speech
b. First Amendment right to religious freedom
c. Fifth Amendment rights of the accused
d. Second Amendment right to bear arms
Topic: The Basis for Our Civil Liberties
Learning Objective: LO 14.1: Trace the roots of civil liberties in the original
Constitution and their subsequent development in the Bill of Rights.
Page Reference: 418 – 419
Skill Level: Understand the Concepts
Difficulty Level: Moderate
49. Convicted criminals whose sentences increase during their prison term due to a
change in the law have been illegally subjected to what kind of law?
a. cruel and unusual
b. habeas corpus
c. ex post facto
484
d. bill of attainder
Topic: The Basis for Our Civil Liberties
Learning Objective: LO 14.1: Trace the roots of civil liberties in the original
Constitution and their subsequent development in the Bill of Rights.
Page Reference: 417
Skill Level: Apply What You Know
Difficulty Level: Difficult
50. Which type of speech has the Supreme Court given the highest level of
protection?
a. commercial speech
b. fighting words
c. political speech
d. libel
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 423 – 424
Skill Level: Analyze It
Difficulty Level: Difficult
51. The __________ test was used through the 1950s by the Supreme Court to
determine what types of speech should be constitutionally protected.
a. clear and present danger
b. bad tendency
c. preferred position
d. prior restraint
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 424
Skill Level: Understand the Concepts
Difficulty Level: Moderate
52. Under the bad tendency test, which of the following would be prohibited?
485
a. withholding of information from grand juries
b. speech advocating the use of illegal drugs
c. published defamation or false statements
d. government entanglement with religion
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 424
Skill Level: Apply What You Know
Difficulty Level: Difficult
53. What was Justice Potter Stewart referring to when he said, “I know it when I see
it”?
a. regulatory taking
b. slander
c. obscenity
d. prior restraint
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 425
Skill Level: Understand the Concepts
Difficulty Level: Moderate
54. Which of the following Supreme Court cases applied selective incorporation?
a. Barron v. Baltimore
b. Roe v. Wade
c. New York Times Co. v. Sullivan
d. Gitlow v. New York
Topic: The Basis for Our Civil Liberties
Learning Objective: LO 14.1: Trace the roots of civil liberties in the original
Constitution and their subsequent development in the Bill of Rights.
Page Reference: 418
Skill Level: Analyze It
486
