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Government by The People 2011 National Edition 24th Edition Magleby Test Bank
Government by The People 2011 National Edition 24th Edition Magleby Test Bank
1. ________ are the constitutionally protected freedoms of all persons against governmental restraint:
the freedoms of conscience, religion, and expression.
A. Civil rights
B. Civil liberties
C. Due process rights
D. Bill of Rights
E. Free exercise rights
Answer: B
Learning Objective: 15.1
Page Reference: 402
Skill: Understanding
4. The preferred position doctrine—which holds that freedom of expression is so essential to democracy
that governments should not punish persons for what they say, only for what they do—is an
interpretation of what amendment?
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A. Second
B. Third
C. Fourth
D. Fifth
E. First
Answer: E
Learning Objective: 15.2
Page Reference: 408
Skill: Understanding
5. Libel, obscenity, fighting words, and commercial speech are examples of ____________
A. prior restraint.
B. bad tendency test.
C. clear and present danger test.
D. non-protected speech.
E. preferred position doctrine.
Answer: D
Learning Objective: 15.2
Page Reference: 409–410
Skill: Application
7. The U.S. Constitution gives national and state governments the power to take private property from
the public, but requires them to provide just compensation for property so taken. What are we
referring to?
A. Eminent domain
B. Regulatory taking
C. Property rights
D. Land rights
E. Domain limitations
Answer: A
Learning Objective: 15.3
Page Reference: 413
Skill: Understanding
8. ___________ mainly limits the executive and judicial branches because they apply the law and
review its application.
A. Procedural due process
B. Due process
C. Substantive due process
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D. Miranda rights
E. International due process
Answer: A
Learning Objective: 15.4
Page Reference: 413
Skill: Understanding
10. In the decision concerning Griswold v. Connecticut (1965), the Supreme Court relied on
A. principles relating to procedural due process.
B. the right to privacy as implied in the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments.
C. specific references to the right to life as implied in the First, Fourth, Fifth, Ninth, and Fourteenth
Amendments.
D. the moral suasion of the general public.
E. the protection of the free exercise of religion under the First Amendment.
Answer: B
Learning Objective: 15.5
Page Reference: 414
Skill: Analysis
11. In ______________the Supreme Court struck down an initiative amending the Colorado constitution
that prohibited state and local governments from protecting homosexuals from discrimination
A. Bowers v. Hardwick
B. Gitlow v. New York
C. Miller v. California
D. Romer v. Evans
E. Griswold v. Connecticut
Answer: D
Learning Objective: 15.5
Page Reference: 417
Skill: Understanding
12. To obtain a valid search warrant, the police must indicate under oath that they have what to justify it?
A. Reasonable cause
B. Legitimate cause
C. Proof
D. Probable cause
E. Likely cause
Answer: D
Learning Objective: 15.6
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Copyright © 2011, 2009, 2007 Pearson Education, Inc. All rights reserved.
Page Reference: 417
Skill: Understanding
13. In __________ the Supreme Court adopted a rule excluding from a criminal trial evidence the police
obtained unconstitutionally or illegally.
A. Terry v. Ohio
B. Gitlow v. New York
C. Miller v. California
D. Mapp v. Ohio
E. Griswold v. Connecticut
Answer: D
Learning Objective: 15.6
Page Reference: 418
Skill: Understanding
14. Which amendment protects persons from being compelled to testify against themselves in criminal
prosecutions?
A. Fourteenth
B. Fourth
C. First
D. Third
E. Fifth
Answer: E
Learning Objective: 15.6
Page Reference: 418–419
Skill: Understanding
15. The Supreme Court ruled that executing minors was a violation of what amendment?
A. Eighth
B. Fourth
C. Fifth
D. Third
E. Ninth
Answer: A
Learning Objective: 15.6
Page Reference: 421
Skill: Understanding
True/False Questions
1. Gitlow v. New York was a revolutionary decision because it protected freedom of speech from
violations by state and local governments.
Answer: TRUE
Learning Objective: 15.1
Page Reference: 403
Skill: Understanding
2. Ex post facto law refers to producing a prisoner in court and explaining why he or she is being held.
Answer: FALSE
Learning Objective: 15.1
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Page Reference: 403
Skill: Understanding
3. Civil rights are the constitutional rights afforded to only citizens of the United States.
Answer: FALSE
Learning Objective: 15.1
Page Reference: 402
Skill: Understanding
4. The clear and present danger test is a means of interpreting the First Amendment.
Answer: TRUE
Learning Objective: 15.2
Page Reference: 408
Skill: Understanding
5. Preferred position doctrine holds that freedom of expression is so essential to democracy that
governments should not punish persons for what they say, only for what they do.
Answer: TRUE
Learning Objective: 15.2
Page Reference: 408
Skill: Understanding
6. Fighting words by their very nature inflict injury on those to whom they are addressed, or incite them
to acts of violence.
Answer: TRUE
Learning Objective: 15.2
Page Reference: 410
Skill: Understanding
7. When the government takes private property for public use, it must provide compensation.
Answer: TRUE
Learning Objective: 15.3
Page Reference: 413
Skill: Understanding
8. Due process is a constitutional requirement that governments proceed by proper methods and limit
the exercise of their power.
Answer: TRUE
Learning Objective: 15.4
Page Reference: 413
Skill: Understanding
9. The right to privacy is found in the First Amendment of the U.S. Constitution.
Answer: FALSE
Learning Objective: 15.5
Page Reference: 414
Skill: Understanding
10. A criminal who pleads guilty to an offense that is lesser than the one with which he had been charged
is said to have engaged in plea bargaining.
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Answer: TRUE
Learning Objective: 15.6
Page Reference: 420
Skill: Understanding
11. The Fifth Amendment presents a complex area of the law that includes many possible exceptions to
the warrant requirement.
Answer: FALSE
Learning Objective: 15.6
Skill: Understanding
Page Reference: 417–418
Chapter Examination
Multiple Choice Questions
1. Which Supreme Court justice observed, “The history of liberty has largely been the history of
observance of procedural safeguards.”
A. Justice Felix Frankfurter
B. Justice John Marshall Harlan
C. Justice Clarence Thomas
D. Justice Antonin Scalia
E. Justice Sandra Day O’Connor
Answer: A
Learning Objective: Opening Vignette
Page Reference: 401
Skill: Understanding
3. All of the following are rights listed in the original Constitution EXCEPT
A. habeas corpus.
B. prohibition of ex post facto laws.
C. prohibition of titles of nobility.
D. protection against the impairment of contracts.
E. protection against defamation of character.
Answer: E
Learning Objective: 15.1
Page Reference: 402
Skill: Understanding
406
Copyright © 2011, 2009, 2007 Pearson Education, Inc. All rights reserved.
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