Civil Liberties Quiz Rippee 2nd
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use lowercase letters only
Questions and Answers
- 1.
the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment on a piecemeal basis
Explanation
The incorporation doctrine refers to the legal concept where the Supreme Court has applied most provisions of the Bill of Rights to the states through the Fourteenth Amendment. This has been done on a piecemeal basis, meaning that the Court has selectively incorporated specific rights over time. Therefore, the correct answer is incorporation doctrine and selective incorporation. This doctrine has played a crucial role in ensuring that individuals' rights are protected at both the federal and state levels.Rate this question:
- 2.
An exception to this clause would be out of state tuition
Explanation
The privileges and immunities clause refers to a provision in the United States Constitution that prevents states from discriminating against citizens of other states. This clause ensures that individuals from out of state are granted the same rights and privileges as residents of the state they are visiting. It is an exception to the general rule of out of state tuition, where individuals attending a college or university outside of their home state are often required to pay higher tuition fees.Rate this question:
- 3.
Gives citizens the right to believe and practice their religion without government interferance
Explanation
The correct answer is "free exercise" or "free exercise clause." This refers to the constitutional right that allows citizens to believe and practice their religion freely without any interference from the government. It ensures that individuals have the freedom to worship and follow their religious beliefs without restrictions or limitations imposed by the government. This clause is an essential part of religious freedom and protects individuals' rights to express and exercise their religious beliefs.Rate this question:
- 4.
The Supreme Court first ruled that part of the First Amendment should be nationalized or incorporated to apply to the state governments in the case of:
- A.
Slaughterhouse Case
- B.
Marbury v. Madison
- C.
Brown v. Board of Education
- D.
The Dred Scott Case
- E.
Gitlow v. New York
Correct Answer
E. Gitlow v. New YorkExplanation
The Supreme Court first ruled that part of the First Amendment should be nationalized or incorporated to apply to the state governments in the case of Gitlow v. New York. This landmark case in 1925 established the doctrine of selective incorporation, which held that certain protections of the Bill of Rights are applicable to the states through the Due Process Clause of the Fourteenth Amendment. Gitlow v. New York specifically dealt with freedom of speech and press, affirming that these rights are protected from state infringement as well.Rate this question:
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- 5.
The early case that excluded the Bill of Rights from applying to the actions of state governments was:
- A.
Marbury v. Madison
- B.
Barron v. Baltimore
- C.
Gibbons v. Ogden
- D.
Scott v. Stanford
- E.
Gitlow v. New York
Correct Answer
B. Barron v. BaltimoreExplanation
Barron v. Baltimore is the correct answer because in this case, the Supreme Court held that the Bill of Rights only applied to the actions of the federal government, not to state governments. This decision established the principle of dual federalism, which limited the power of the federal government and allowed states to retain their own sovereignty.Rate this question:
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- 6.
To say that the Supreme Court has selectively incorporated the Bill of Rights would be to say that:
- A.
In a case by case, right by right deliberation the Court has applied certain parts of the Bill of Rights to the states
- B.
The Supreme Court finds some parts of the Bill of Right too unimportant to bother with
- C.
The Supreme Court has found in several cases that the Bill of Rights should never apply to the states, thus challenging the entire process of incorporation
- D.
The states have rejected the selective nationalization of the Bill of Rights
- E.
Selective justices have always opposed any nationalization of the Bill of Rights
Correct Answer
A. In a case by case, right by right deliberation the Court has applied certain parts of the Bill of Rights to the statesExplanation
The explanation for the given correct answer is that the Supreme Court has selectively incorporated the Bill of Rights by applying certain parts of it to the states on a case by case and right by right basis. This means that the Court has not uniformly applied all the provisions of the Bill of Rights to the states, but has instead chosen to incorporate specific rights based on individual cases and their respective circumstances. This approach allows for flexibility and consideration of the unique circumstances of each case, ensuring that the rights protected by the Bill of Rights are applied appropriately to the states.Rate this question:
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- 7.
Of the following Supreme Court Cases, which is NOT an Establishment Clause case?
- A.
Lemon v. Kurtzman
- B.
Engel v. Vitale
- C.
Jaffree v. Wallace
- D.
Westside Community Schools v. Mergens
- E.
Mapp v. Ohio
Correct Answer
E. Mapp v. OhioExplanation
Mapp v. Ohio is not an Establishment Clause case because it deals with the Fourth Amendment and the exclusionary rule, not with the separation of church and state. The case established that evidence obtained through an illegal search and seizure cannot be used in a state criminal trial.Rate this question:
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- 8.
Chaplinsky v. the State of New Hampshire, Scheck v. the United States, and Gitlow v. New York are all cases that demonstrate that:
- A.
There are limits on the freedom of religion
- B.
There are limits on the issue of search and seizure
- C.
The government can really place no limits on religion
- D.
The government can really place no limits on free speech or expression
- E.
There are times when free speech can be limited by the government
Correct Answer
E. There are times when free speech can be limited by the governmentExplanation
The cases of Chaplinsky v. the State of New Hampshire, Scheck v. the United States, and Gitlow v. New York demonstrate that there are times when free speech can be limited by the government. These cases involved situations where the government imposed restrictions on certain forms of speech or expression, such as offensive or defamatory language, false statements of fact, or speech that incites violence. They establish that while the First Amendment protects freedom of speech, there are circumstances where the government can place limits on this right in order to protect public safety, maintain social order, or prevent harm to individuals or society.Rate this question:
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- 9.
The Supreme Court case that established that government could not invoke prior restraint or censorship on publications was:
- A.
Tinker v. Des Moines School District
- B.
Johnson v. Texas
- C.
Near v. Minnesota
- D.
Roth v. United States
- E.
New York Times v. Sullivan
Correct Answer
C. Near v. MinnesotaExplanation
Near v. Minnesota is the correct answer because this Supreme Court case established the principle that government cannot impose prior restraint or censorship on publications. In this case, the court ruled that a state law allowing for the suppression of "malicious, scandalous and defamatory" newspapers violated the First Amendment's protection of freedom of the press. This landmark decision set an important precedent for protecting freedom of speech and press from government interference.Rate this question:
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- 10.
A legal document, signed by a judge, authorizing authorities to conduct a lawful search or seizure with probable cause is called a:
- A.
Decree
- B.
Warrant
- C.
Indictment
- D.
Incrimination statement
- E.
Writ of assistance
Correct Answer
B. WarrantExplanation
A legal document, signed by a judge, authorizing authorities to conduct a lawful search or seizure with probable cause is called a warrant. This document is necessary to ensure that law enforcement officials have the legal authority to search a person's property or seize any evidence that may be related to a crime. It is a crucial safeguard in protecting individuals' rights against unreasonable searches and seizures, as guaranteed by the Fourth Amendment of the United States Constitution.Rate this question:
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- 11.
The Supreme Court in ___________________agreed and declared that all persons should be given their rights at the time of arrest to ensure that they know and understand their civil liberty rights.
- A.
Mapp v. Ohio
- B.
Gideon v. Wainwright
- C.
Miranda v. Arizona
- D.
Engel v. Vitale
- E.
Brown v. Board of Education
Correct Answer
C. Miranda v. ArizonaExplanation
In Miranda v. Arizona, the Supreme Court ruled that individuals must be informed of their rights at the time of arrest, including the right to remain silent and the right to an attorney. This decision was based on the Fifth Amendment's protection against self-incrimination. The Court emphasized the importance of ensuring that individuals understand their civil liberty rights to prevent any coerced confessions or violations of constitutional rights during the interrogation process.Rate this question:
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- 12.
The death penalty controversy hinges on the interpretation of “cruel and unusual punishment” from the:
- A.
Ninth Amendment
- B.
Article Three of the Constitution
- C.
Fourth Amendment
- D.
Eighth Amendment
- E.
First Amendment
Correct Answer
D. Eighth AmendmentExplanation
The correct answer is the Eighth Amendment. The death penalty controversy revolves around whether or not it constitutes "cruel and unusual punishment," which is prohibited by the Eighth Amendment. This amendment protects individuals from excessive or disproportionate punishment, and the interpretation of what qualifies as cruel and unusual has been a subject of debate in relation to the death penalty.Rate this question:
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- 13.
Publishing something that is not true about someone else
Correct Answer
libel
libleExplanation
The correct answer is "libel." Libel refers to the act of publishing false information about someone else, which can harm their reputation. It involves spreading false statements in writing or through other forms of media. "Lible" is not a word and does not have any meaning in this context.Rate this question:
- 14.
Burning the flag or wearing an armband
Correct Answer
symbolic speech
symbolicExplanation
The correct answer is symbolic speech because burning the flag or wearing an armband are examples of actions that express a message or convey a particular meaning without the use of words. These actions are considered forms of symbolic speech because they are a non-verbal way of expressing a viewpoint or making a statement. Symbolic speech is protected under the First Amendment of the United States Constitution, which guarantees the right to freedom of speech.Rate this question:
- 15.
The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.
Correct Answer
probable causeExplanation
Probable cause refers to the situation when the police have reasonable grounds to believe that a person should be arrested. It is a legal standard that allows the police to make an arrest and search for any evidence that may be used to support the arrest. This standard ensures that law enforcement officers cannot make arbitrary arrests and that there is a sufficient basis for taking legal action against an individual.Rate this question:
- 16.
Protection against double jeopardy and self-incrimination
Correct Answer
fifth amendment
5th amendment
5 amendmentExplanation
The Fifth Amendment provides protection against double jeopardy and self-incrimination. This means that a person cannot be tried twice for the same offense and cannot be forced to testify against themselves. This amendment ensures that individuals have the right to remain silent and not be compelled to incriminate themselves in a criminal case. It is an essential safeguard of individual rights and due process in the legal system.Rate this question:
- 17.
The right to a speedy and public trial
Correct Answer
sixth amendment
6th amendment
6 amendmentExplanation
The given answer refers to the Sixth Amendment, which guarantees the right to a speedy and public trial. This amendment ensures that individuals accused of crimes have the right to a trial that is conducted promptly and in a public setting, allowing for transparency and fairness in the judicial process. The answer includes different variations of the amendment's name, all of which refer to the same constitutional provision.Rate this question:
- 18.
a bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime
Correct Answer
plea bargain
plea
plea bargainingExplanation
A plea bargain refers to an agreement made between the defendant's lawyer and the prosecutor. In this agreement, the defendant agrees to plead guilty to a lesser crime or fewer crimes. In return, the state promises not to prosecute the defendant for a more serious crime or additional crimes. Plea bargaining is the process of negotiating and reaching this agreement between the two parties. The terms "plea" and "plea bargaining" are related to this concept of reaching a compromise in criminal cases.Rate this question:
- 19.
Laws that ensure that a person cannot be convicted of a crime if the action was performed before the action became illegal
Correct Answer
ex post facto laws
ex post facto law
ex post factoExplanation
Ex post facto laws refer to laws that protect individuals from being convicted of a crime if the action was performed before it became illegal. These laws are designed to prevent retroactive punishment and ensure fairness in the legal system. By prohibiting the application of laws retroactively, ex post facto laws uphold the principle that individuals should not be held accountable for actions that were legal at the time they were committed. This legal principle is crucial in safeguarding individuals' rights and maintaining the integrity of the justice system.Rate this question:
- 20.
Prevents people from being held in custody without being charged with a crime
Correct Answer
writ of habeas corpus
habeas corpusExplanation
The writ of habeas corpus is a legal term that refers to a court order that requires a person who is holding someone in custody to bring the detained individual before a judge or court. This writ prevents individuals from being held in custody without being charged with a crime, as it ensures that the person's detention is lawful and justified. It is a fundamental right that protects individuals from arbitrary or unlawful detention, and it is an important safeguard in upholding the principles of due process and the rule of law.Rate this question:
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Aug 31, 2023Quiz Edited by
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Feb 21, 2012Quiz Created by
Arippee
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