Question 1

The guarantee against cruel and unusual punishment is found in which of the following constitutional amendments?

Accepted Answer

A)   First
B)   Second
C)   Fourth
D)   Sixth
E)   EighthF) D) and E)
G) C) and E)

Question 2

Which of the following best describes the constitutional status of the claimed right to choose physician-assisted suicide?

Accepted Answer

A)   Determined by the Supreme Court to be an issue best handled by each state
B)   Deemed constitutional when a living will exists
C)   Allowed only in the state of Missouri
D)   Left unaddressed by the Supreme Court
E)   Deemed constitutional by the Supreme Court under the Fourteenth AmendmentF) B) and D)
G) A) and B)

Question 3

What is the significance of the decision in Lawrence v. Texas?

Accepted Answer

The decision in Lawrence v. Texas, 539 U...

Question 4

Which of the following best exemplifies the free exercise clause of the U.S. Constitution?

Accepted Answer

A)   The prosecution of criminals under religious legal jurisprudence
B)   The establishment of a free public education system
C)   Separation of church and state
D)   Protection of hate speech
E)   The application of civil liberties to the statesF) B) and D)
G) C) and E)

Question 5

What First Amendment test requires the state to prove there is a high likelihood that the speech in question would lead to a danger that Congress has the right to prevent?

Accepted Answer

A)   Necessary and proper test
B)   Lemon test
C)   Clear and present danger test
D)   Miller test
E)   Equal protection testF) A) and E)
G) All of the above

Question 6

To what does prior restraint refer?

Accepted Answer

A)   Closed sessions of hearings by Congress
B)   Methods used by the government to get terrorists to talk
C)   Prohibition of judges from legislating from the bench
D)   Restraining an activity, such as expression, before that activity has actually occurred
E)   Ability of police to detain people when riots appear imminentF) D) and E)
G) B) and D)

Question 7

Which of the following is true of the decision in Roe v. Wade?

Accepted Answer

A)   The decision has not been challenged or redefined by subsequent cases.
B)   It forced states to allow abortions under some circumstances at any point in pregnancy.
C)   It limited abortion to the first trimester of pregnancy.
D)   State legislatures have the right to decide if abortions will be performed.
E)   It requires states to allow abortions to be performed by licensed nurse practitioners.F) A) and C)
G) B) and D)

Question 8

In Griswold v. Connecticut, the Court invalidated a state law that did which of the following?

Accepted Answer

A)   Required women to seek the permission of their husbands before obtaining an abortion
B)   Banned pornographic literature
C)   Made the use of birth control devices a crime
D)   Forbid the purchase of alcohol on Sunday afternoons
E)   Regulated gambling that took place within private residencesF) A) and C)
G) A) and B)

Question 9

Which of the following tests did the Supreme Court create in 1971 to determine if a law violated the establishment clause?

Accepted Answer

A)   Clear and present danger
B)   Miller
C)   Establishment
D)   Religious liberty
E)   LemonF) A) and B)
G) D) and E)

Question 10

Discuss types of expression not protected by the First Amendment. For each type of expression, define the expression and provide examples.

Accepted Answer

The First Amendment of the United States Constitution protects the freedom of speech, but there are certain types of expression that are not protected by the First Amendment. These include:

1. Obscenity: Obscene material is not protected by the First Amendment. Obscenity is defined as material that appeals to a prurient interest in sex, is patently offensive, and lacks serious literary, artistic, political, or scientific value. Examples of obscene material include hardcore pornography and graphic depictions of sexual acts.

2. Defamation: Defamation refers to false statements that harm a person's reputation. This includes both libel (written defamation) and slander (spoken defamation). For example, if someone spreads false rumors about a person that damage their reputation, it could be considered defamation.

3. Incitement to violence: Speech that directly calls for or encourages violence is not protected by the First Amendment. This includes speech that is intended to provoke imminent lawless action. For example, someone urging a crowd to physically attack a specific group of people would not be protected under the First Amendment.

4. Fighting words: Fighting words are words that are likely to provoke a violent reaction from the average person. This includes personal insults and epithets that are inherently likely to provoke a violent response. For example, using racial slurs or other derogatory language in a confrontational manner could be considered fighting words.

5. Child pornography: The production, distribution, and possession of child pornography is not protected by the First Amendment. This includes any visual depiction of sexually explicit conduct involving a minor.

It's important to note that while these types of expression are not protected by the First Amendment, there are still legal and ethical considerations that must be taken into account when addressing them.

Question 11

Over time, the Supreme Court has used which of the following provisions of the Constitution to apply the specifics of the Bill of Rights to the states?

Accepted Answer

A)   Fourteenth Amendment's due process clause
B)   Fifth Amendment's double jeopardy clause
C)   Tenth Amendment
D)   Palko v. Connecticut precedent
E)   Gideon's ruleF) A) and B)
G) A) and C)

Question 12

The free exercise clause, protecting freedom of religious practice, is found in which amendment to the Constitution?

Accepted Answer

A)   1st
B)   2nd
C)   5th
D)   8th
E)   10thF) C) and D)
G) A) and D) A

Question 13

Discuss the position of gun rights supporters on how to interpret the Second Amendment. Explain whether the Court's logic in upholding a conviction under the 1934 National Firearms Act is consistent with that position.

Accepted Answer

Gun rights supporters generally interpre...

Question 14

Which of the following best captures the Supreme Court's ruling in regard to physician-assisted suicide?

Accepted Answer

A)   The liberty interest protected by the Constitution does not include a right to commit suicide.
B)   States must prosecute those who assist in suicides.
C)   States must provide counseling to those who wish to commit suicide.
D)   If an individual wishes to commit suicide, a physician must be present with family members.
E)   The federal government is the final authority regarding laws on physician-assisted suicide.F) A) and D)
G) D) and E)

Question 15

Discuss the concept of the marketplace of ideas. Explain the role that concept played in Senator McCarthy's downfall.

Accepted Answer

The concept of the marketplace of ideas ...

Question 16

Which of the following was the ruling in Gideon v. Wainwright that led to significant expansion of the rights of accused persons?

Accepted Answer

A)   An individual had to be warned that they had the constitutional right to remain silent.
B)   Law enforcement officers needed to obtain a warrant before conducting a search of an individual's property, including automobiles.
C)   People accused of a felony without the means to hire an attorney had to have court-appointed attorneys made available at government expense.
D)   Individuals accused of a crime had the right to one phone call.
E)   Only criminal defendants charged with murder had the right to legal counsel.F) A) and B)
G) B) and D)

Question 17

Discuss how ideology affects how Court justices view the "well regulated Militia" clause of the Second Amendment.

Accepted Answer

The ideology of Court justices can signi...

Question 18

Discuss the limits on the First Amendment's right to freedom of speech.

Accepted Answer

The First Amendment's right to freedom o...

Question 19

States are now obligated to protect most provisions of the Bill of Rights as a result of the Supreme Court's interpretation of which Fourteenth Amendment clause?

Accepted Answer

A)   Due process
B)   Equal protection
C)   Incorporation
D)   Free exercise
E)   Prior restraintF) C) and D)
G) None of the above A

Question 20

Which of the following was the basis for the Supreme Court's 1965 decision, in Griswold v. Connecticut, a case involving the legality of contraceptives?

Accepted Answer

A)   The law violated the right to privacy.
B)   Laws against contraceptives were legal as public health regulations.
C)   Laws against abortion were illegal.
D)   A right does not exist unless it is specifically mentioned in the Constitution.
E)   State laws against contraceptives violated the interstate commerce clause.F) B) and C)
G) C) and D)

Exam 4: Civil Liberties

The guarantee against cruel and unusual punishment is found in which of the following constitutional amendments?

Correct Answer
verified

Which of the following best describes the constitutional status of the claimed right to choose physician-assisted suicide?

Correct Answer
verified

What is the significance of the decision in Lawrence v. Texas?

Correct Answer
Answered by ExamLex AI
The decision in Lawrence v. Texas, 539 U...
View Answer

Which of the following best exemplifies the free exercise clause of the U.S. Constitution?

Correct Answer
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What First Amendment test requires the state to prove there is a high likelihood that the speech in question would lead to a danger that Congress has the right to prevent?

Correct Answer
verified

To what does prior restraint refer?

Correct Answer
verified

Which of the following is true of the decision in Roe v. Wade?

Correct Answer
verified

In Griswold v. Connecticut, the Court invalidated a state law that did which of the following?

Correct Answer
verified

Which of the following tests did the Supreme Court create in 1971 to determine if a law violated the establishment clause?

Correct Answer
verified

Discuss types of expression not protected by the First Amendment. For each type of expression, define the expression and provide examples.

Over time, the Supreme Court has used which of the following provisions of the Constitution to apply the specifics of the Bill of Rights to the states?

Correct Answer
verified

The free exercise clause, protecting freedom of religious practice, is found in which amendment to the Constitution?

Correct Answer
verified
A

Discuss the position of gun rights supporters on how to interpret the Second Amendment. Explain whether the Court's logic in upholding a conviction under the 1934 National Firearms Act is consistent with that position.

Correct Answer
Answered by ExamLex AI
Gun rights supporters generally interpre...
View Answer

Which of the following best captures the Supreme Court's ruling in regard to physician-assisted suicide?

Correct Answer
verified

Discuss the concept of the marketplace of ideas. Explain the role that concept played in Senator McCarthy's downfall.

Correct Answer
Answered by ExamLex AI
The concept of the marketplace of ideas ...
View Answer

Which of the following was the ruling in Gideon v. Wainwright that led to significant expansion of the rights of accused persons?

Correct Answer
verified

Discuss how ideology affects how Court justices view the "well regulated Militia" clause of the Second Amendment.

Correct Answer
Answered by ExamLex AI
The ideology of Court justices can signi...
View Answer

Discuss the limits on the First Amendment's right to freedom of speech.

Correct Answer
Answered by ExamLex AI
The First Amendment's right to freedom o...
View Answer

States are now obligated to protect most provisions of the Bill of Rights as a result of the Supreme Court's interpretation of which Fourteenth Amendment clause?

Correct Answer
verified
A

Which of the following was the basis for the Supreme Court's 1965 decision, in Griswold v. Connecticut, a case involving the legality of contraceptives?

Correct Answer
verified

Exam 4: Civil Liberties

The guarantee against cruel and unusual punishment is found in which of the following constitutional amendments?

Correct AnswerverifiedShow Answer

Which of the following best describes the constitutional status of the claimed right to choose physician-assisted suicide?

Correct AnswerverifiedShow Answer

What is the significance of the decision in Lawrence v. Texas?

Correct AnswerAnswered by ExamLex AIThe decision in Lawrence v. Texas, 539 U...View AnswerShow Answer

Which of the following best exemplifies the free exercise clause of the U.S. Constitution?

Correct AnswerverifiedShow Answer

What First Amendment test requires the state to prove there is a high likelihood that the speech in question would lead to a danger that Congress has the right to prevent?

Correct AnswerverifiedShow Answer

To what does prior restraint refer?

Correct AnswerverifiedShow Answer

Which of the following is true of the decision in Roe v. Wade?

Correct AnswerverifiedShow Answer

In Griswold v. Connecticut, the Court invalidated a state law that did which of the following?

Correct AnswerverifiedShow Answer

Which of the following tests did the Supreme Court create in 1971 to determine if a law violated the establishment clause?

Correct AnswerverifiedShow Answer

Discuss types of expression not protected by the First Amendment. For each type of expression, define the expression and provide examples.

Over time, the Supreme Court has used which of the following provisions of the Constitution to apply the specifics of the Bill of Rights to the states?

Correct AnswerverifiedShow Answer

The free exercise clause, protecting freedom of religious practice, is found in which amendment to the Constitution?

Correct AnswerverifiedA

Discuss the position of gun rights supporters on how to interpret the Second Amendment. Explain whether the Court's logic in upholding a conviction under the 1934 National Firearms Act is consistent with that position.

Correct AnswerAnswered by ExamLex AIGun rights supporters generally interpre...View AnswerShow Answer

Which of the following best captures the Supreme Court's ruling in regard to physician-assisted suicide?

Correct AnswerverifiedShow Answer

Discuss the concept of the marketplace of ideas. Explain the role that concept played in Senator McCarthy's downfall.

Correct AnswerAnswered by ExamLex AIThe concept of the marketplace of ideas ...View AnswerShow Answer

Which of the following was the ruling in Gideon v. Wainwright that led to significant expansion of the rights of accused persons?

Correct AnswerverifiedShow Answer

Discuss how ideology affects how Court justices view the "well regulated Militia" clause of the Second Amendment.

Correct AnswerAnswered by ExamLex AIThe ideology of Court justices can signi...View AnswerShow Answer

Discuss the limits on the First Amendment's right to freedom of speech.

Correct AnswerAnswered by ExamLex AIThe First Amendment's right to freedom o...View AnswerShow Answer

States are now obligated to protect most provisions of the Bill of Rights as a result of the Supreme Court's interpretation of which Fourteenth Amendment clause?

Correct AnswerverifiedA

Which of the following was the basis for the Supreme Court's 1965 decision, in Griswold v. Connecticut, a case involving the legality of contraceptives?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The decision in Lawrence v. Texas, 539 U...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
A

Correct Answer
Answered by ExamLex AI
Gun rights supporters generally interpre...
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Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The concept of the marketplace of ideas ...
View Answer

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The ideology of Court justices can signi...
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Answered by ExamLex AI
The First Amendment's right to freedom o...
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Correct Answer
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A

Correct Answer
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