Government – Chapter 4 – Civil Liberties

5 June 2023
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Civil liberties are
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PERSONAL FREEDOMS that the government cannot take away
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The Bill of Rights is made up of the first
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10 amendments to the U.S. Constitution
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Which clause prevents the national government from sanctioning an official religion?
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ESTABLISHMENT
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Which rule bars the use of illegally seized evidence at trial?
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EXCLUSIONARY
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Which U.S. Supreme Court case found that a woman's right to have an abortion is protected by the implied constitutional right to privacy?
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ROE v. WADE
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Selective incorporation makes the protections from the Bill of Rights applicable to the states through which of the following amendments?
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14TH
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Article I of the Constitution prohibits which of the following, which make an act punishable as a crime even if the act was legal which it was committed?
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EX POST FACTO laws
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A false written statement is LIBEL;
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the same statement spoken aloud is SLANDER
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Which amendment protects the right to bear arms?
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2ND
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The Constitution protects against search of an individual's person, home or vehicle without
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A WARRANT
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What does the Sixth Amendment guarantee to those accused of a crime?
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ASSISTANCE OF COUNSEL
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Today, the United States is the only western country to use which of the following to punish crime?
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DEATH PENALTY
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What did Abington School District v. Schempp find to be unconstitutional?
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STATE-MANDATED BIBLE READING
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The free exercise clause guarantees that the national government will not interfere with which of the following?
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RELIGION
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Profanity, obscenity, and threats are examples of which of the following?
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FIGHTING WORDS
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According to Table 4.1, How Has Selective Incorporation Made the Bill of Rights Applicable to the States, which of the constitutional amendments was the first to be incorporated and applied to the states?
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1ST
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Which of the following generally is unconstitutional in school?
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PRAYER
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According to Justice Blackmun, a woman had which type of right to an abortion in her first trimester?
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AN ABSOLUTE RIGHT
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In 2004, the Supreme Court ruled that detainees have a right to which of the following?
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HABEAS CORPUS
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The doctrine of prior restraint prevents the government from prohibiting speech or publication
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BEFORE THE FACT
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In Near v. Minnesota, the Supreme Court further developed which of the following?
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INCORPORATION DOCTRINE
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Which test examines the constitutionality of religious establishments?
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LEMON
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Miranda rights include the right to which of the following?
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COUNSEL
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The USA PATRIOT Act enhances the government's ability to do which of the following?
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EXAMINE PRIVATE RECORDS
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Which Supreme Court case developed the exclusionary rule?
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MAPP vs. OHIO
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The Supreme Court has ruled that states can limit abortions if the regulations do not pose which of the following?
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AN UNDUE BURDEN
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The Supreme Court briefly outlawed which of the following in the 1970s by asserting that it was being imposed in an arbitrary manner?
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CAPITAL PUNISHMENT
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What kind of speech is by its very utterance intended to inflict injury or incite an immediate breach of peace?
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FIGHTING WORDS
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What type of due process protects citizens from arbitrary or unjust state or federal laws?
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SUBSTANTIVE
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The Supreme Court has used selective incorporation to
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LIMIT the rights of states.
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The Sixth Amendment sets out basis requirements for which type of due process?
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PROCEDURAL
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In matters of religion, the free exercise clause protects individuals from which of the following?
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GOVERNMENTAL INTRUSION
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New York Times Co. v. Sullivan held that there must be proof of which of the following in order to find libel against a public figure?
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ACTUAL MALICE
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In which case did the Supreme Court first recognize the exclusionary rule, which bars the use of illegally seized evidence at trial?
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WEEKS vs. U.S.
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In what year did the Supreme Court first rule that the use of confessions obtained after physical beatings were unconstitutional?
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1936
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Which Supreme Court case upheld the National Firearms Act, which imposed taxes on some kinds of weapons?
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U.S. v. MILLER
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The USA PATRIOT ACT expands an exception found in which amendment to allow spying?
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4TH
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The "right to remain silent" is a citizen's protection against which of the following?
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SELF-INCRIMINATION
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If a police officer has a reasonable belief that someone is committing or about to commit a crime, the officer can stop and frisk the suspect without
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A WARRANT
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The double jeopardy clause prevents an individual who is acquitted of a crime from which of the following?
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BEING TRIED AGAIN
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Which of the following is an example of procedural due process?
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the right to a speedy trial
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The prohibition on cruel and unusual punishment comes from which of the following?
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English common law
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Which of the following created the right to privacy?
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the judiciary
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In Barron v. Baltimore, the Supreme Court held that the Bill of Rights limits FEDERAL, not
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STATE, action
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Shouting profanities in public is an example of FIGHTING WORDS
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which is not protected speech
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In recent years, the Supreme Court has struggled to address
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OBSCENTY on the Internet in a First Amendment context
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What is the most common form of firearm regulation?
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concealed carry restrictions
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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?
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Ex Post Facto
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Which of the following is responsible for determining whether enough evidence exists to support a conviction against a criminal defendant?
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Jury
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Substantive due process created a standard whereby the states have a legal burden to prove that their laws were which of the following?
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A valid exercise of power
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What do proponents of the Guantanamo Bay detention facility call its prisoners?
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Enemy Combatants
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Although the speech in question was suppressed, the Court in Gitlow v. New York held that not all forms of POLITICAL SPEECH
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can be limited
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Which of the following best explains the rationale for the selective incorporation of freedom of assembly?
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It is a fundamental freedom essential to order, liberty, and justice
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Which of the following rights has the Supreme Court found to be one of the penumbra of unstated liberties linked to explicitly stated rights?
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Right to Privacy
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The Alien and Sedition Acts are an example of what kind of law?
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Prior Restraint
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During World War I, the Supreme Court upheld the Espionage Act by ruling that Congress has a right to restrict speech that
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creates a clear and present danger
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The Military Commission Act of 2006 allows the government to jail detainees without an opportunity to file which of the following?
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a writ of habeas corpus
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Which of the following emanates from a "penumbra" and not an explicitly stated constitutional right?
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the right of a person to have access to contraceptives
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One prong of the Lemon test is that the law has a
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LEGITIMATE secular purpose
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In the 1970s, the Supreme Court ended
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THE DEATH PENALTY because it was being imposed arbitrarily, but it was later reinstated
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The WARREN Court, named after the Chief Justice presiding over the U.S. Supreme Court
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at the time, supported laws that deterred police misconduct.
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FIGHTING WORDS
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include profanity, obscenity, and threats
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An early effort to define OBSCENITY
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focused on whether the material had any serious literary, artistic, political, or scientific value
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The 6TH Amendment
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ensures the right of a criminal defendant to confront witnesses at trial
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MIRANDA
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rights include the right to remain silent
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One of the arguments that the death penalty is cruel and unusual punishment is that it is applied disproportionately to
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AFRICAN AMERICANS
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Prior restraint is a constitutional doctrine that prevents the government from prohibiting speech or publication
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BEFORE the fact
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The Supreme Court has interpreted the Second Amendment to protect an individual's right to own
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A FIREARM
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The USA PATRIOT Act provides the government with methods for circumventing restrictions on
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SEARCH AND SEIZURE
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An article accusing Barack Obama of being a drug addict is an example of
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LIBEL
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Under Roe v. Wade, a woman could legally seek an abortion freely during her
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1ST trimester