American Gov MCQ: American Government Chapter 3

Which of the following is true of the appeal process?

A.) The Constitution guarantees at least one appeal after conviction, but many states continue to challenge this guarantee in court
B.) both the federal and all state constitutions guarantee an appeal after conviction
C.) Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal
D.) there are no guarantees of appeal at the federal or state level, but the appeal process has been effectively certified through common practice
E.) The guarantee of appeal in the state was established as part of selective incorporation as applied to the 14th amendment

Answer: C

In the case of McNabb v. United States, justice Felix frankfurter defined the "history of liberty" primarily in terms of whether

A.) Government had observed procedural guarantees
B.) those convicted our actually guilty
C.) those convicted I have the opportunity for appeal
D.) those convicted or treated humanely while imprisoned
E.) everyone is treated fairly in every case

Answer: A

In mapp v. Ohio, The selective incorporation process was extended to include

A.) criminal proceedings in the state
B.) civil cases
C.) pleas of insanity
D.) children (minors) accused of crime
E.) indigent litigants

Answer: A

The exclusionary rule States that

A.) Federal law cannot be applied in state court
B.) The laws of one state court cannot be applied in the court of another state
C.) after seven years, the statue of limitations applies, except In murder cases
D.) evidence obtained illegally is inadmissible in court
E.) State law cannot be applied in federal courts

Answer: D

In 2007 the Supreme Court reversed its stand on partial birth abortion, largely due to the replacement of Sandra Day O'Connor with

A.) Samuel alito
B.) Anthony Kennedy
C.) Ruth Bader Ginsburg
D.) William Rehnquist
E.) Antonin Scalia

Answer: A

According to the Supreme Court, prayer in public school violates

A.) free exercise clause
B.) Establishment clause
C.) exclusionary rule
D.) procedural due process
E.) clear and present danger test

Answer: B

The Supreme Court upheld the use of tax-support vouchers to attend private or parochial school in

A.) Engel v. Vitale
B.) Griswold v. Connecticut
C.) Zelman v. Simmons-Harris
D.) Ashcroft v. Free speech coalition
E.) miller v. California

Answer: C

Establishment clause prohibits government from

A.) Establishing expectations to the Bill of Rights
B.) Establishing expectation to the 14th amendment
C.) favoring one religion over another or supporting religion over no religion
D.) interfering with freedom of assembly
E.) interfering with the right to bear arms

Answer: C

Which of the following is correct with regard to obscenity and the law?

A.) obscenity is not protected by the First Amendment
B.) obscenity is never unlawful
C.) Child pornography is protected by the First Amendment
D.) obscenity has been easy for courts to define with precision
E.) obscenity is protected under the ninth amendment

Answer: A

Spoken words that are known to be false and harmful to a person's reputation are an example of

A.) libel
B.) slander
C.) blasphemy
D.) obscenity
E.) symbolic speech

Answer: B

The inclusion of certain provisions of the Bill of Rights in the 14th amendment, so that these rights are protected from infringements by the state governments, is called

A.) The preferred position doctrine
B.) procedural change
C.) selective incorporation
D.) The absorption doctrine
E.) prior restraint

Answer: C

Government can lawfully prevent a political rally from taking place

A.) under no circumstances: people have an unconditional right to express their views
B.) when the rally would require unduly expensive police protection
C.) when the views of those holding the rally are unpopular
D.) when it can demonstrate that harmful acts will necessarily result from the rally
E.) none of the above

Answer: D

The supreme courts position on prior restraint of the press is that

A.) national security needs are of highest priority
B.) only classified government documents are subject to prior restraint
C.) prior restraint can never be exercised by government
D.) prior restraint should apply only in rare circumstances, and it s better to hold the press responsible for what it has printed than to restrict what it may print
E.) prior restraint should be used fairly frequently in a democracy

Answer: D

Justice Stone argued in 1938 that

A.) citizens should have priority over non-citizens in the legal system
B.) First Amendment rights are the basis of most other rights
C.) the interests of the majority are more important than the rights of the individual
D.) the requirements of national security take precedence over freedom of expression
E.) the bill of rights should be fully applied to the states

Answer: B

The conviction of members of the U.S. communist party in the early 1950s was initially upheld as a lawful restriction of the right

A.) not to incriminate oneself
B.) of free speech
C.) to a jury trial
D.) to confront one's accusers in a court of law
E.) to worship any religion of choice

Answer: B

Like all other rights, the right to free expression is

A.) spelled out in precise terms in the Bill of Rights
B.) not absolute
C.) fully respected by public officials
D.) protected from action by federal officials but not state officials
E.) None of these answers are correct

Answer: B

Justice Holmes's "Clear and present danger" test holds that government can

A.) restrict speech and threatens national security
B.) restrict any speech of an inflammatory nature
C.) imprison political dissidents during time of war without following normal procedures
D.) engage in prior restraint of the press whenever national security is at issue
E.) restrict speech that is disrespectful to specific classes of citizens

Answer: A

The individual right that is widely regarded as the most basic of individual rights is

A.) the right to an attorney
B.) freedom of expression
C.) the right to a jury trial
D.) the right to an adequate education
E.) protection against illegal searches and seizures

Answer: B

The term "civil liberties" refers to specific individual rights that

A.) apply in civil cases but not in criminal cases
B.) apply in civil cases but not in military cases
C.) are constitutionally protected from infringement by government
d.) are constitutionally protected from infringement by individuals
E.) are not covered by the first amendment

Answer: C

The individual freedoms in the Bill of Rights were extended by the fourteenth amendment to include protection from deprivation of due process rights by

A.) actions of the president
B.) actions of individuals
C.) actions of the federal government
D.) actions of state and local governments
E.) actions of the U.S. military

Answer: D