Temple College
Government 2302 – Civil Liberties and Civil Rights
Spring, 2000
Exam #2
IMPORTANT: MAKE ALL ERASURES COMPLETELY - IT IS YOUR
RESPONSIBILITY TO CLEARLY INDICATE YOUR CHOSEN ANSWER. RESPONSES
THAT ARE NOT COMPLETELY ERASED WILL BE COUNTED AS INCORRECT. BE
SURE TO WRITE YOUR NAME ON YOUR ANSWER SHEET!! THIS EXAM IS WORTH
100 POINTS.
MULTIPLE CHOICE. INSTRUCTIONS:
Answer each of the following multiple
choice questions by marking the letter on your scan-tron form that corresponds to the
BEST response. 67 questions/1.49 points each/100 point total.
1. Which of the following are among the classes of public policy outlined by Dye in the
foreword of the Tatalovich and Daynes text?
1. regulatory 2. distributive 3. redistributive 4. constituent 5. moral
a. 1, 2, and 3
b. 2, 3, and 4
c. 1, 2, 3, and 4
d. 3, 4, and 5
2. Which of the classes indicated in question #1 does Dye argue is (are) relevant to the
“moral controversies” discussed in the Tatalovich and Daynes text?
a. 1 and 5
b. 2 and 4
c. 4 and 5
d. 1 only
3. In which case did the Supreme Court first declare an act of Congress
unconstitutional?
a. MCCULLOCH V MARYLAND b. SHERBERT V VERNER c. PALKO V CONNECTICUT
d. MARBURY V MADISON
4. Which of the following constitutes a "cue" (cue theory) that may indicate whether the
Supreme Court will decide to hear a case on appeal?
1. The president or other high ranking federal officer publicly calls on the Supreme
Court to review of the case.
2. The case involves a civil liberties or civil rights issue.
3. The judges on the lower appellate court have sharply divided opinions.
4. The subject matter of the case involves a social or political agenda that is
consistent with the dominant ideology of the Supreme Court.
5. The case involves a question of federalism.
a. 1, 2, & 5
b. 1, 2, & 3
c. 1, 2, 3, & 4
d. 1, 2, 3, & 5
5. Merits consciousness is the idea that a justice's
1. vote to grant certiorari reflects a predisposition by the justice to reverse a lower
court's decision based on the merits of the case.
2. vote to deny certiorari reflects a predisposition by the justice to reverse a lower
court's decision based on the merits of the case.
3. vote to grant or deny certiorari is highly associated with his or her political party
ideology.
4. vote to grant or deny certiorari is highly associated with his or her political party
affiliation.
5. will base his or her vote to grant or deny certiorari strictly on the degree or extent
of legal impact that the decision will ultimately have.
a. 1 only
b. 1 & 2
c. 3 & 4
d. 5 only
6. Which of the following determines whether the Supreme Court will issue a writ of
certiorari?
a. "gang of four"
b. "rule of five"
c. "rule of four"
d. "four on the floor"
7. The power of the courts to decide whether an act of another branch of government is
consistent with or contrary to the provisions of the Constitution is known as
a. judicial review. b. writs of judicial appeal. c. the greater judicial need doctrine.
d. the doctrine of common sense.
8. Appellate jurisdiction involves the authority of a court to
a. decide guilt or innocence in criminal cases.
b. determine the extent of damages in civil cases.
c. limit the jurisdiction of lower courts.
d. review the decisions of lower courts.
9. A writ of certiorari by the Supreme Court orders
a. both parties in a case to reach a settlement without further litigation.
b. a public official to discharge his or her duty.
c. a lower court to send it the records of a case for review.
d. the state legislature to rewrite legislation that was found to be unconstitutional.
10. Most petitions for writs of certiorari to the Supreme Court are
a. granted.
b. made by members of state legislatures.
c. ordered by state district courts.
d. denied.
11. Which criterion of judicial policy-making refers to the "potential of a given court
decision to substantially alter or change an existing policy or practice?"
a. legal impact b. policy impact c. compliance d. none of these
12. The fact that public schools, particularly in the South, had not integrated two
decades after the Supreme Court's decision in BROWN V BOARD OF EDUCATION
illustrated the relevance of _______________ as a criterion of judicial policy-making.
a. legal impact b. policy impact c. compliance d. none of these
13. The criterion of judicial policy-making that requires parties affected by a court’s
decision to actually change or alter their behavior in accordance with the decision is
a. legal impact b. policy impact c. compliance d. none of these
14. In MARBURY V MADISON, the Supreme Court held that
a. Madison had to deliver Marbury's judicial commission.
b. Congress could not change the original jurisdiction of the Supreme Court.
c. Congress could give the Supreme Court the power to issue writs of mandamus.
d. all of these.
15. A writ of mandamus is a court order compelling
a. both parties in a case to reach a settlement without further litigation.
b. a public official to discharge his or her duty.
c. a lower court to send it the records of a case for review.
d. the state legislature to rewrite legislation that was found to be unconstitutional.
16. Judicial activism refers to a philosophy that
a. implies a willingness on the part of judges to make liberal social policy.
b. implies a reluctance on the part of judges to make liberal social policy.
c. implies a willingness on the part of judges to use the power of judicial review to
declare an act or action of another branch of government unconstitutional and,
therefore, void.
d. implies a reluctance on the part of judges to use the power of judicial review to
declare an act or action of another branch of government unconstitutional and,
therefore, void.
17. Civil liberties declare what the government
a. should do.
b. must do or provide.
c. cannot do.
d. none of these.
18. According to Dye, the situation that is created when people must create laws and
governments to protect their freedom but the laws and governments themselves
restrict freedom is called the
a. irony of anarchy.
b. dichotomy of democracy.
c. classic dilemma of free government.
d. perils of free government.
19. According to Dye, the purpose of the U.S. Constitution is to limit governmental
power over the individual; that is, to
a. restrict the national government’s control over the states.
b. place personal liberty beyond the reach of government.
c. protect the rights of majorities against the demands of minorities.
d. none of these.
20. Most of the basic freedoms embraced by the Bill of Rights have been "incorporated"
(protected against state and local government interference) during the 20th Century
by the Supreme Court's interpretation of the
a. 9th Amendment.
b. 14th Amendment.
c. 15 Amendment.
d. Supremacy Clause.
21. Exceptions to the incorporation theory have included
a. the right to bear arms. b. the right to counsel.
c. the right to a grand jury hearing. d. a and c.
22. In the United States, freedom of religion consists of two principle precepts, the
a. acknowledgment of God and the right to pray.
b. freedom to worship and the right of government to acknowledge the true faith.
c. power of government to regulate religion and the right or religious people to gain
political power.
d. none of these.
23. The 3-part test for determining whether a particular law constitutes “establishment”
of religion and thus violates the 1st Amendment is called the
a. Apple Test. b. Lemon Test. c. Eden Test. d. Garden Test.
24. In determining what restraints may be placed on the exercise of religious freedom,
the United States Supreme Court has distinguished between
a. religious practices on the one hand and religious behaviors on the other hand.
b. religious behaviors on the one hand and public safety on the other hand.
c. religious faith on the one hand and religious beliefs on the other hand.
d. religious beliefs on the one hand and religious practices on the other hand.
25. In LEMON V KURTZMAN the USSC ruled that in order for a statute to be consistent
with the Establishment Clause of the 1st Amendment
a. the statute must have a secular purpose.
b. the primary effects of the statute must be to neither advance nor inhibit religion.
c. the statute must not excessively entangle government and religion.
d. all of these.
26. According to Ted Jelen (Chapter 5, Tatalovich and Daynes), an accommodationist
interpretation of the Establishment Clause would
a. prohibit even very general assistance to religion.
b. regard a strict boundary between church and state as beneficial to both.
c. prevent government from extending preferential treatment to any particular
religion but that government is not required to be neutral between religion and
non-religion.
d. none of these.
27. With respect to the free exercise of religion, which group would argue that religious
practices can be regulated to the extent that they violate the moral or religious
sensibilities of popular majorities (as in the City of Hialeah animal sacrifice case)?
a. accommodationists b. separationists c. communalists d. libertarians
28. According to Jelen, Congress, reflecting the views of popular majorities, tends to
take a(n) _________ stance with respect to the Establishment Clause while
decisions of the Supreme Court tend to reflect a(n) __________ view.
a. separationist; accommodationist
b. accommodationist; separationist
c. accommodationist; communalist
d. separationist; communalist
29. In 1982, the Supreme ruled on a case (MCCLEAN V ARKANSAS) concerning an
Arkansas law which required public schools to teach the biblical story of creation
alongside the concept of evolution. The Supreme Court
a. refused to hear the case based on the doctrine of “political evolution.”
b. indicated that the law does not violate either the U.S. or the Arkansas state
constitution.
c. held that the state must allow differing views on the topic other than just creation
versus evolution.
d. declared the law unconstitutional because it appeared to support religion.
30. Prior restraint is defined as
a. an attempt by the president to limit actions of the Congress.
b. a method that allows falsely convicted individuals an opportunity to redeem
themselves.
c. the president's power to relieve felons of further punishment.
d. prohibiting expression before it has actually occurred.
31. The tendency of the courts to give preference to the 1st Amendment rights of
speech, press, and assembly when faced with conflicts is called
a. priority position. b. primary position. c. first class position. d. preferred position.
32. Acording to Daynes (Tatalovich and Daynes, Chapter 8), congressional and
bureaucratic efforts to regulate pornography have focused mainly on
a. preventing the dissemination of materials depicting homosexuality.
b. Preventing violent sexual acts against women.
c. Preventing the inclusion of children in pornographic materials and access by
children to pornography.
d. Preventing local governments from enacting regulations that are stronger than
those enacted by federal authorities.
33. The right to privacy is based on
a. the concept that all men are created equal.
b. the rights set forth in Article I, sections 9 and 10 of the Constitution.
c. the concept that the Constitution's omission of specific mention of the right to
privacy does not mean that this right is denied.
d. the 27th Amendment which stipulates that all people have certain rights over
which the federal government has no authority.
34. In which case did the Supreme Court first embrace a constitutional right to privacy?
a. ROE V WADE
b. ENGEL V VITALE
c. GRISWOLD V. CONNECTICUT
d. BOWERS V HARDWICK
35. The case alluded to in question #34 involved a
a. New York state law that prohibited students from praying at any time during the
school day.
b. Georgia state law that made the act of sodomy a crime.
c. Texas state law that made abortions illegal except in cases where the pregnant
woman's life was in jeopardy.
d. Connecticut state law which made it illegal to either use contraceptives or to
counsel the use of contraceptives.
36. In the view of the Supreme Court, the right to privacy is apparently broad enough to
encompass all of the following EXCEPT:
a. a women's decision whether or not to terminate her pregnancy.
b. a married couple's decision whether or not to use birth control.
c. a person's decision regarding sexual preference (to be a homosexual).
d. the relationship between a woman and her health care provider.
37. The Supreme Court relied on the "penumbras" of the Bill of Rights to elucidate a
constitutional right to privacy. Which provisions of the Bill of Rights were relevant to
the Supreme Court's reasoning?
a. the 1st Amendment's right to peaceable assembly provision
b. the 6th Amendment's right to counsel provision
c. the 2nd Amendment's right to bear arms provision
d. all of the above
38. According to the Supreme Court in ROE V WADE (1973), a state may make which of
the following restrictions on abortions?
a. During the first trimester, the state can prohibit abortions for reasons relating to
the pregnant woman’s health.
b. Beginning at the start of the second trimester, the state must prohibit all abortions.
c. During the third trimester, the state cannot stop the abortion but can require that
the pregnant woman receive counseling designed to discourage the procedure.
d. At the point of viability, the state’s interest in protecting potential life becomes
compelling enough that it may outlaw abortions.
39. The right-to-die question
a. has yet to be covered under the "umbrella" of the right to privacy by the U.S.
Supreme Court.
b. has been covered under the "umbrella" of the right to privacy by the U.S.
Supreme Court in the Karen Ann Quinlan case (IN RE QUINLAN).
c. is limited in judicial proceedings by the doctrine of habeas corpus.
d. is no longer an issue in most states.
40. Civil rights declare what the government
a. should do. b. must do or provide. c. cannot do.
d. none of these.
41. In 1989, the Supreme Court ruled in WEBSTER V REPRODUCTIVE HEALTH SERVICES
that states may
a. ban the use of public hospitals for abortions.
b. bar public employees from assisting in abortions.
c. require viability tests on fetuses thought to be past 20 weeks.
d. all of the above.
42. In PLANNED PARENTHOOD V CASEY (1992), the Supreme Court ruled that states have
the authority to require
a. a 24-hour waiting period for women seeking an abortion.
b. that women seeking an abortion receive specific counseling designed to
discourage the abortion.
c. parental consent for minors seeking an abortion.
d. all of these.
43. About ½ of the provisions of the Bill of Rights are related to matters involving
a. free speech. b. right of free worship. c. criminal justice. d. social justice.
44. Crimes against persons, such as murder, forcible rape, and robbery, are categorized
as
a. state crimes. b. personal crimes. c. property crimes. d. violent crimes.
45. One of the oldest and most revered rights in English common law is the right to
obtain a(n)
a. bill of attainder.
b. ex post facto law.
c. writ of habeas corpus.
d. search warrant.
46. A court order directing public officials who are holding a person in custody to bring
the prisoner into court and explain the reasons for confinement is known as
a. bill of attainder.
b. ex post facto law.
c. writ of habeas corpus.
d. search warrant.
47. A retrospective criminal law that works against the accused is known as a(n)
a. bill of attainder.
b. ex post facto law.
c. writ of habeas corpus.
d. search warrant.
48. The guarantee of habeas corpus and protection against bills of attainder and ex post
facto laws were considered so fundamental to individual liberty by the framers that
they
a. have been clearly defined in all legal documents.
b. are required to be included in state constitutions.
c. were included in the text of the original Constitution.
d. were written into the Bill of Rights.
49. A court order permitting law enforcement officials to search a location in order to
seize evidence pertaining to a crime is a(n)
a. bill of attainder.
b. ex post facto law.
c. writ of habeas corpus.
d. search warrant.
50. Freedom from self-incrimination was originally designed to prevent persons from
a. fleeing from the authorities.
b. taking their own lives after arrest.
c. being tortured into confessions of guilt.
d. blaming the crime on others.
51. The standard phrase in today’s culture for “I refuse to answer that question on the
grounds that it might tend to incriminate me” is
a. “I stand corrected.”
b. “Anything said may be used against you.”
c. “I take the 5th.”
d. “I want to call my attorney.”
52. A grant by the government to an individual of freedom from prosecution on a
particular charge in return for testimony by that individual that might otherwise be
self-incriminating is
a. plea bargaining.
b. immunity from prosecution.
c. prosecution protection.
d. the exclusionary rule.
53. GIDEON V WAINWRIGHT, ESCOBEDO V ILLINOIS, and MIRANDA V ARIZONA are landmark
cases of the 1960s which
a. reduced the rights of the accused.
b. strengthened the rights of the accused.
c. increased the power of law enforcement officials.
d. addressed inequities in law enforcement practices based on race.
54. Which legal restriction on the manner in which law enforcement officials obtain
evidence was originally applied only to federal criminal cases, but was extended to
state cases in MAPP V OHIO?
a. the cautionary rule.
b. the prevention rule.
c. the exclusionary rule.
d. the inclusionary rule.
55. The 8th Amendment says that “________ bail shall not be required.”
a. temporary b. exceptional c. excessive d. prohibitive
56. Pretrial release on bail can be denied on the basis of all of the following except
a. the seriousness of the crime.
b. the trustworthiness of the defendant.
c. public safety is threatened.
d. governor’s conditional pardon.
57. If a jury cannot reach a unanimous decision in a criminal case, the judge declares a
a. double jeopardy. b. divided jury. c. hung jury. d. retrial.
58. The practice of allowing defendants to plead guilty to lesser crimes than those with
which they were originally charged in return for reduced sentences is known as
a. double jeopardy.
b. bargain basement justice.
c. plea bargaining.
d. retrial.
59. Opponents of the death penalty argue that it
a. requires the judge to act as God.
b. demands unquestionable evidence against the accused.
c. violates the constitutional prohibition against “cruel and unusual punishment.”
d. metes out an irreversible sentence.
60. Many people who support the death penalty believe that justice
a. is best served when it is administered quickly and emphatically.
b. demands strong retribution for heinous crimes.
c. has become soft on today’s criminals.
d. needs to be refined.
61. In FURMAN V GEORGIA, the USSC ruled that capital punishment, as then imposed,
violated the 8th and 14th Amendment prohibitions against
a. fair trial and equal protection of the laws.
b. cruel and unusual punishments and equal protection of the laws.
c. due process clause and right to counsel.
d. cruel and unusual punishments and due process of law.
62. The death penalty has been challenged on which of the following grounds?
a. the inequity in the ability of accused persons to pay for legal counsel
b. racial bias in the application of the punishment
c. gender bias in the application of the punishment
d. age bias in the application of the punishment
63. Limits on the conduct of police and prosecutors include no
a. questions of individuals until they are taken into custody (arrested).
b. search without an arrest warrant.
c. unreasonable or unwarranted searches or seizures.
d. all of the above.
64. The exclusionary rule is a policy
a. forbidding the admission of illegally seized evidence.
b. which prohibits the arresting officer from serving as a character witness at a
hearing or a trial.
c. which prohibits the detention of a suspect for more than 48 hours without formal
charges being filed.
d. none of the above.
65. Suppose the police take a suspect into custody for questioning. Which of the
following would hold?
1. The suspect is entitled to have an attorney present during questioning.
2. The suspect has the right to refuse to answer questions.
3. If the police release the suspect without filing criminal charges, they are prevented
from taking the person into custody later.
4. If the suspect confesses to the crime, even after he has been read his Miranda
rights, the state cannot use the confession to prosecute the suspect.
5. The suspect is entitled to a court-appointed attorney at the state’s expense if he
cannot afford to pay for his own legal counsel.
a. all of the above b. 1 and 2 c. 1, 2, and 4 d. 1, 2, and 5
66. In which of the following scenarios would evidence seized by the police during a
search be excluded (suppressed) from criminal trial? In other words, in which
scenario would the exclusionary rule apply?
a. The police go to the home of a school guidance counselor after receiving several
complaints from parents about the behavior of the man with respect to their
children. The police charge him with indecency with a child upon finding, in his
home, photographs of naked children. The man gave the police permission to
search his residence, but the police failed to obtain a search warrant.
b. The police search the trunk of a woman’s car after presenting a warrant in good
faith, but the warrant is “technically” flawed. The police find heroin in the trunk
and charge the woman with possession of a controlled substance with intent to
sell.
c. Without obtaining a search warrant, the police search a closet in a man’s
apartment after the man’s neighbor informs them that the man has illegal guns
stored there. The police find the remains of a missing woman and charge the
man with murder.
d. The exclusionary rule would apply in all of these scenarios [the evidence would
be suppressed in each case].
67. In which of the following scenarios would the respective statement (confession) be
inadmissible in a criminal trial?
a. A man walks into a police station and confesses that he is a serial killer.
b. The police arrive at the scene of a fatal car crash and find a man lying on the
ground next to the passenger side of one of the vehicles. They ask the man
where the driver is and responds, “I was driving and I am drunk.” They charge
the man with DWI and vehicular manslaughter since the driver of the other car
was dead on the scene.
c. The police receive an anonymous phone tip about a man keeping large amounts
of cash in his apartment. The police stake out the man’s apartment and decide
that he is likely the same man videotaped by a bank’s security cameras during a
recent robbery. Outside his apartment, the police ask the man where he got all
the money he’s been spending lately. He tells them he got it from the bank he
robbed. The police arrest him and charge him with armed robbery.
d. The statements in each of these scenarios would be inadmissible because the
police failed to administer the suspects’ Miranda warnings.