Unit 9 Test
1. What is the Writ of Habeas Corpus?
a. Allows the court to put the defendant to death.
b. Requires defendant to be brought to court and told what he is being charged with.
c. An after the fact law.
d. Requires a warrant to be used before the police search a house.
2. What are Ex Post Facto Laws
a. After the fact laws.
b. Putting someone in jail without a trial.
c. Requires the court to post bail.
d. Requires the court to post the facts of the case.
3. What are Bills of Attainder?
a. Requires the court to inform the defendant what he is being charged with.
b. An after the fact law.
c. Requires a state to return a defendant to the state where the crime was committed.
d. Putting a person into prison without a trial.
4. What is Selective Incorporation?
a. Allowing some states to become a corporation.
b. Applying some of the bill of rights to the states.
c. Applying all of the bill of rights to the states.
d. None of the above
5. What Amendment is used to incorporate the Bill of Rights to the States?
a. 12th
b. 13th
c. 14th
d. 15th
6. What did the Court Rule in Gitlow v. New York?
a. Incorporated the Second Amendment to the States.
b. Incorporated the 14th Amendment to the States.
c. Incorporated the 15th Amendment to the States.
d. Incorporated the 1st Amendment to the States.
7. What is procedural due process?
a. Applying the Bill of Rights to the States.
b. Dictates how the government can take away your life, liberty and property.
c. Is an unfair use of government powers.
d. Allows the court to use a search warrant.
8. What is substantive due process?
a. Provides for a fair application of the procedures.
b. Allows for a substantive argument by the defendant.
c. Dictates how the government can take away life, liberty and property.
d. None of the above
9. What did the Court rule in Engel v. Vitale?
a. You have the right to burn the American flag.
b. School led prayer in public school is illegal.
c. Bible reading in school is not allowed.
d. Nativity scenes must have secular objects.
10. What did the Court rule in Abington School District v. Schempp?
a. You have the right to burn the American flag.
b. School led prayer in public school is illegal.
c. Religious Bible reading in school is not allowed.
d. Nativity scenes must have secular objects.
11. What must a nativity scene have in order to be legal under the First Amendment?
a. Secular objects
b. Jesus and Mary
c. Wise men
d. None of the above
12. What is the free exercise clause?
a. Allows citizens to exercise in public.
b. Allows citizens to practice their religion freely.
c. Makes it illegal for the government to establish a relgion.
d. Allows citizens to say whatever they want.
13. What are the limitations of the free exercise clause?
a. There are no limitations.
b. Cannot go against the majority religion.
c. Cannot violate health, morals and safety of society.
d. None of the above.
14. What group tried to fight the law against polygamy in Reynolds v. U.S.?
a. Jehovah Witnesses
b. Mormons
c. Catholics
d. Buddhists
15. What was the deciding factor of the Court in ruling for the government in the
Employment Division v. Smith case?
a. The federal government has the right to enforce drug laws.
b. Native Americans can smoke peyote.
c. The government can stop polygamy.
d. The government can stop human sacrifice.
16. What is pure speech?
a. Indirect speech
b. Speech coupled with action
c. Direct form of oral or written communication
d. Symbolic Speech
17. What is an example of pure speech?
a. A protest march
b. Face to face speech
c. Wearing a black armband
d. All of the above
18. What is speech plus?
a. Symbolic Speech
b. Face to face speech
c. Speech plus action
d. Wearing a black armband
19. What is an example of speech plus?
a. Wearing a black armband
b. Picketing
c. Face to face speech
d. Broadcast news
20. What kind of restrictions can be placed on speech plus?
a. None
b. Speech that the government dislikes can be restricted
c. Reasonable time, place and manner restrictions
d. All speech can be restricted at all times.
21. What is symbolic speech?
a. Speech plus action
b. Face to face speech
c. Non verbal speech
d. None of the above
22. What is an example of symbolic speech?
a. Burning the flag
b. Protesting
c. Shouting
d. Broadcasting
23. What case established the clear and present danger rule?
a. Engel v. Vitale
b. Roe v. Wade
c. Wisconsin v. Yoder
d. Schenck v. U.S.
24. What did the Court rule in Texas v. Johnson?
a. You do not have to stand for the Pledge of Allegiance
b. You can wear an armband in school
c. Illegal drugs cannot be used in religious ceremonies
d. Burning the American Flag is legal symbolic speech
25. What did the Court rule in the Tinker case?
a. You can wear a black armband in public school
b. You do not have to stand for the Pledge of Allegiance
c. School prayer in school is illegal
d. The school can search your locker without a warrant
26. What are the limitations to symbolic speech?
a. Military bases
b. Unwanted speech
c. Public parks
d. None of the above
27. True or False. Obscenity is protected speech.
a. True
b. False
28. What case set forth the rules for determining whether speech is obscene?
a. Roth v. U.S.
b. Shaw v. Reno
c. McCulloch v. Maryland
d. Miller v. California
29. What is slander?
a. Spoken defamation
b. Written defamation
c. Sedition
d. Satire
30. What is libel?
a. Spoken defamation
b. Written defamation
c. Sedition
d. Satire
31. What must public figures prove in a defamation case?
a. Hurt feelings
b. Damages
c. Malice or reckless disregard for the truth
d. Negligence
32. What are limitations on commercial speech?
a. Poor products cannot be advertised
b. Government can prohibit false or deceptive advertising.
c. No limitations
d. Only alcohol adds can be limited
33. True or False. There are no limitations on your right to peacefully assemble.
a. True
b. False
34. True or False. Broadcast news is protected under the First Amendment protections of
Freedom of the Press.
a. True
b. False
35. What is prior restraint?
a. Having prior knowledge of information
b. Censorship
c. Shield Laws
d. Libel
36. What are shield laws?
a. Shields the government from a lawsuit
b. Shields a witness from testifying
c. Shields a plaintiff in court
d. Shields a reporter from giving his sources
37. True or False. The government can ban cable channels from showing nudity during
specific times of the day.
a. True
b. False
38. General warrants during colonial times were called what?
a. Writ of Mandamus
b. Writ of Assistance
c. Writ of Habeas Corpus
d. None of the above
39. What Amendment protects individuals against unreasonable search and seizures?
a. 1st
b. 2nd
c. 3rd
d. 4th
40. What is probable cause?
a. Absolute certainty that a crime is being committed
b. A hunch that a crime is being committed
c. Evidence against a criminal for past wrongdoings
d. Reasonable belief that a crime is being committed
41. When does an officer not need a warrant to search?
a. Police always need a warrant
b. Police never need a warrant
c. Evidence is obtained in plain view
d. The suspect has a past criminal history
42. What is the exclusionary rule?
a. Allows all evidence to be introduced at trial
b. Evidence illegally obtained cannot be used at trial
c. Excluding minorities from a jury
d. None of the above
43. What are the positives associated with good faith exceptions to the exclusionary rule?
a. Allows more freedom to obtain evidence
b. Allows government to gain power
c. Treats suspects more fairly
d. Doesn’t make police officers look bad
44. What are the negatives associated with good faith exceptions to the exclusionary rule?
a. Allows too much government expansion of power
b. Allows more freedom to obtain evidence
c. Treats suspects more fairly
d. None of the above
45. True or False. The Fifth Amendment protections only apply to defendants.
a. True
b. False
46. What is a reason why defendants are entitled to a speedy trial?
a. Attorneys have things to do
b. The statute of limitations may run out
c. Witnesses may forget their testimony
d. The judge may die
47. What is a change of venue?
a. Moving the trial because the people are too familiar with the case
b. Moving the trial because the calendar is full
c. Allowing defendants to change out of their prison garb
d. None of the above
48. What case incorporated the 6th Amendment right to counsel to states?
a. Marbury v. Madison
b. Engel v. Vitale
c. Gibbons v. Ogden
d. Gideon v. Wainwright
49. What did the Court rule in the Escobedo case?
a. Cannot use evidence illegally obtained at trial
b. Must provide attorney at trial for those who cannot afford one
c. Must provide counsel for those accused of a crime during questioning
d. Must provide counsel for those who don’t understand English
50. True or False. It is legal to have mandatory capital punishment for certain types of
crimes.
a. True
b. False