The Constitution guarantees that the United States will have an

established church.





A.  True





B.  False





C.





D.





E.





Answer:  B

The Bill of Rights guarantees that church and state will be

separated.





A.  True





B.  False





C.





D.





E.





Answer:  A

An example of freedom of religion is that there is a ban on

religious tests for holding public office in the Federal government.





A.  True





B.  False





C.





D.





E.





Answer:  A

The free exercise clause of the 1st Amendment prevents

government from interfering with the right to practice one's own

religion.



A.  True





B.  False





C.





D.





E.





Answer:  A

An example of a government having a compelling state interest

to limit religious behavior is when that behavior is different from

that of a majority of citizens.



A.  True





B.  False





C.





D.





E.





Answer:  B

The Supreme Court has allowed government to require blood

transfusions (where necessary. for children whose parents refuse

for religious reasons.



A.  True





B.  False





C.





D.





E.





Answer:  A

John Peter Zenger's courage helped establish freedom of religion

in the 1730's.





A.  True





B.  False





C.





D.





E.





Answer:  B

Freedom of expression was seriously suppressed during the

McCarthy Era of the 1950's.





A.  True





B.  False





C.





D.





E.





Answer:  A

The time, place and manner when freedom of expression occurs

are circumstances when government may limit that expression

for the greater common good.



A.  True





B.  False





C.





D.





E.





Answer:  A

The clear and present danger principle allows government to

limit free speech or writing in some circumstances.





A.  True





B.  False





C.





D.





E.





Answer:  A

The 1st Amendment clearly limits the powers of the President.







A.  True





B.  False





C.





D.





E.





Answer:  B

"Speech Codes" on college campuses which seek to prevent

negative statements about race, gender, religion, national origin

or sexual preference are controversial because not all colleges in

the nation have them.

A.  True





B.  False





C.  





D.





E.





Answer:  B

Every citizen's political rights are protected by the

1st Amendment's rights.





A.  True





B.  False





C.





D.





E.





Answer:  A

The Gag Rule in Congress in 1830's was intended to suppress

the right of petition of citizens opposed to slavery.





A.  True





B.  False





C.





D.





E.





Answer:  A

Time, place and manner restrictions on freedom of expression

are generally upheld by the courts if they apply only to obscene

materials or libelous statements.



A.  True





B.  False





C.





D.





E.





Answer:  B

A good example where a government might violate a

1st Amendment right is when a town council refuses to

grant a permit for a civil rights group to hold a march.



A.  True





B.  False





C.





D.





E.





Answer:  A

Lobbying the government for a desired law would be a good

example of the 1st Amendment's private association rights.





A.  True





B.  False





C.





D.





E.





Answer:  A

Government would have justification to prevent a group's

exercise of the 1st Amendment's freedom of assembly if there

was strong evidence that the assembly would not be peaceful

and likely to result in violence.

A.  True





B.  False





C.





D.





E.





Answer:  A

The Supreme Court has generally upheld a government's

efforts to limit freedom of assembly if it protects a legitimate

government interest.



A.  True





B.  False





C.





D.





E.





Answer:  A

The Supreme Court has upheld the right of government to

require the Republican and Democratic parties to submit their

membership lists so that they could monitor their activities.



A.  True





B.  False





C.





D.





E.





Answer:  B

Perjury occurs in a court of law when a witness who has taken

an oath to tell the truth, lies to the court.





A.  True





B.  False





C.





D.





E.





Answer:  A

The 4th Amendment requires that any legal search warrant must

describe specifically the places to be searched or the person or

things to be seized.



A.  True





B.  False





C.





D.





E.





Answer:  A

Right to a fair trial is included among the guarantees of due

process of law included in the Bill of Rights.





A.  True





B.  False





C.





D.





E.





Answer:  A

In a criminal case, defendants must prove their innocence beyond

a reasonable doubt to be acquitted by the court.





A.  True





B.  False





C.





D.





E.





Answer:  B

The standard of probable cause means that the government must

have a good reason suspecting a person committed a crime before

they search them and take them into custody.



A.  True





B.  False





C.





D.





E.





Answer:  A

The issuance of blank search warrants (writs of assistance. by

British authorities brought protests by American colonists who

insisted that they were illegal under British common law.



A.  True





B.  False





C.





D.





E.





Answer:  A

Procedural due process is the standard which insists that there

are certain rights which government may not declare illegal even

if there is a compelling state interest for doing so.



A.  True





B.  False





C.





D.





E.





Answer:  B

The standard which a judge uses to determine if a defendant is

lying on the stand under oath is called the exclusionary rule.





A.  True





B.  False





C.





D.





E.





Answer:  B

An important characteristic of an adversarial legal system is the

cross-examination of witnesses conducted by the judge.





A.  True





B.  False





C.





D.





E.





Answer:  B

The right against self-incrimination in court is a right which is

guaranteed by the 5th Amendment.





A.  True





B.  False





C.





D.





E.





Answer:  A

The Miranda v. Arizona (1966. decision required that when the

authorities are arresting persons suspected of committing crimes,

they must be informed that they have the right to remain silent.



A.  True





B.  False





C.





D.





E.





Answer:  A

The function of grand jury is to determine the guilt or innocence

of a person who committed an offense that could result in a

sentence of death.



A.  True





B.  False





C.





D.





E.





Answer:  B

The exclusionary rule is intended to keep irrelevant evidence out

of a court hearing so as to speed up the handling of court cases.





A.  True





B.  False





C.





D.





E.





Answer:  B

The right of privacy is guaranteed to a criminal suspect by

requiring that the case is held in private and that the proceedings

are not reported in the press.



A.  True





B.  False





C.





D.





E.





Answer:  B

The Constitution specifically forbids the death penalty because it

is cruel and unusual punishment.





A.  True





B.  False





C.





D.





E.





Answer:  B

The 6th Amendment guarantees a speedy and public trial by an

impartial jury.





A.  True





B.  False





C.





D.





E.





Answer:  A

Judges can deny bail to a defendant in a criminal case only if the

prosecutor objects.





A.  True





B.  False





C.





D.





E.





Answer:  B

Because the appeals process was denied to prisoners on death

row, the Supreme Court, in 1972, declared capital punishment

unconstitutional.



A.  True





B.  False





C.





D.





E.





Answer:  A

The Supreme Court in 1976 reinstated the death penalty when

it was evident by a survey poll that a majority of Americans

supported it.



A.  True





B.  False





C.





D.





E.





Answer:  B

The adversary system of the American legal system involves the

prosecution, the defense and a jury elected by the local general

public.



A.  True





B.  False





C.





D.





E.





Answer:  B

Since 1976, the Supreme Court has upheld the constitutionality

of the death penalty





A.  as more and more states adopted some form of the death

     penalty



B.  as states have abandoned automatic sentencing laws and

     required courts to implement the new practice of guided

     discretion.

C.  as long as there was irrefutable evidence that the accused

     committed the crime



D.  when it was evident by survey polls that a majority of

     Americans supported it



E.





Answer:  B

What are the required elements of the adversary system of the

American legal system?





A.  both opposing sides may present their case but ultimately

     arrived at an agreed verdict



B.  the prosecution, the defense and the general public who vote

     on a verdict



C.  two sides that present their opposing positions before an

     impartial third party (judge and/or jury.



D.  the prosecution, the defense and a jury elected by the local

     general public



E.





Answer:  C

An established church is one in which







A.  government allows for religious toleration of all churches





B.  government allows for freedom of worship for every citizen





C.  one church has claim to special privileges by the government

     while members of all others are sometimes persecuted or

     harassed.

D.  a government demands every church to pledge loyalty to the

     state



E.





Answer:  C

The Constitution protects religious freedom in each of the

following three ways EXCEPT





A.  ban on religious tests for holding public office in the Federal

     government



B.  there can be no established religions





C.  people can practice whatever religious beliefs they desire





D.  aliens are not entitled to religious freedom until they become

     citizens



E.





Answer:  D

The free exercise of the 1st Amendment prevents government

from





A.  favoring a particular religion over others





B.  establishing an official church





C.  interfering with the right to practice one's own religion





D.  providing financial aid to religious groups





E.





Answer:  C

What is meant by government's having a compelling state

interest in justifying limiting an individual's free exercise

of religion?



A.  The government has the duty to see that a person gets a

     proper religious upbringing



B.  The government may prevent religious behavior which

     may be injurious to life, health or safety of an individual

     or individuals.

C.  The government may prevent religious behavior which is

     bizarre or different from that of a majority of citizens.



D.  The government may view religious behavior as alien to the

     American culture. 



E.





Answer:  B

Which of the following religious practices has the Supreme

Court allowed the government to prevent or demand?





A.  government paying military chaplains out of public taxes





B.  children being given release time from public school to

     receive religious instruction elsewhere



C.  students holding religious meetings on public school property

     after school classes are finished



D.  blood transfusions for children whose parents refuse for

     religious reasons



E.





Answer:  D

What individual freedom did John Peter Zenger help to establish

in America in 1735?





A.  freedom of the press





B.  right to peaceably assemble





C.  right to writ of habeas corpus





D.  right to freedom of religion





E.





Answer:  A

Freedom of expression has been suppressed in each of the

following periods of time in American history EXCEPT





A.  Civil War





B.  early 20th century





C.  McCarthy Era of 1950's





D.  since the 1960's





E.





Answer:  D

What is meant by time, place and manner restrictions when

referring to freedom of expression?





A.  The circumstances when government must allow freedom of

      expression.



B.  The circumstances when individuals must use self-discipline

     in not exercising their freedom of expression.



C.  The circumstances when government may limit freedom of

     expression for the greater common good.



D.  The circumstances when government may allow certain

     citizens to exercise their freedom of expression and forbid

     other citizens to do so.

E.





Answer:  C

The clear and present danger allows government to







A.  allow free speech or writing in all circumstances





B.   limit free speech or writing in some circumstances





C.  limit free speech or writing in all circumstances





D.  limit some people to exercise free speech and writing in

     some circumstances



E.





Answer:  B

The 1st Amendment clearly limits the powers of the







A.  Supreme Court





B.  Congress





C.  President





D.  state and local governments





E.





Answer:  B

"Speech Codes" on college campuses which seek to prevent

negative statements about race, gender, religion, national origin

or sexual preference are controversial because



A.  they may violate a student's or teacher's right to freedom of

     expression



B.  they are specifically forbidden by the Constitution





C.  a bare majority in Congress voted to allow colleges to have

     them



D.  not all colleges in the nation have them





E.





Answer:  A

What is the importance of 1st Amendment's rights to assembly

and petition?





A.  They guarantee right of individuals to do anything they want,

     anytime they want.



B.  It enhances the 1st Amendment's protection of our political

     rights.



C.  It allows individuals to petition government to allow them to

     assemble where they desire.



D.  It allows individuals to assemble in asking the government

     permission to petition for their rights.



E.





Answer:  B

The gag rule in Congress in the 1830's was intended to prevent

individuals from exercising what 1st Amendment political right?





A.  freedom of assembly





B.  freedom of association





C.  right to petition government for a redress of grievances





D.  freedom of press





E.





Answer:  C

Time, place, and manner restrictions on freedom of expression

are generally upheld by the courts if they





A.  give local authorities adequate discretion to enforce them





B.  apply only to obscene material or libelous statements





C.  do not make it overly difficult for a person to share their

     ideas with others



D.  are not applied to traditional public forums such as street

     corners and public parks



E.





Answer:  C

Which of the following situations might violate a

1st Amendment right?





A.  Police search a high school student's locker for drugs.





B.  A state legislature passes a law prohibiting the possession of

     firearms.



C.  Prisoners are not allowed to consult their attorneys.





D.  A town council refuses to grant a permit for the

     Ku Klux Klan to march.



E.





Answer:  D

Individuals and groups that lobby government officials are

exercising their





A.  due process rights





B.  right of petition





C.  right to counsel





D.  private association rights





E.





Answer:  B

In which of these circumstances does government have least

justification to set limitations on the right of assembly when a

demonstration



A.  is held on private property against the will of the owner





B.  is not peaceable or is certain to get out of hand





C.  is peaceable and held on public property and does not disrupt

     the normal use of that property



D.  is very likely to endanger community safety or unreasonably

     inconvenience the public



E.





Answer:  C

The Supreme Court has set each of these standards which allow

government to set limits on freedom of assembly EXCEPT





A.  to protect a legitimate government interest





B.  it may not be intended to suppress free speech or assembly





C.  it must be applied in a non-discriminatory manner





D.  it may not be held in public forums such as streets, parks

     and sidewalks



E.





Answer:  D

Which of these groups was required by the Supreme Court to

submit its membership list to the government?





A.  Democratic and Republican parties





B.  National Association for Advancement of Colored People

     (NAACP.



C.  Communist party of U. S.





D.  AFL-CIO labor unions





E.





Answer:  C

In a court of law, perjury occurs when a witness takes an oath

and then





A.  refuses to testify





B.  tells the truth under protest





C.  lies to the court





D.  gives states evidence to avoid prosecution





E.





Answer:  C

Each of these questions of due process appear in the Bill of

Rights EXCEPT





A.  claims against unreasonable search and seizure





B.  right to a fair trial





C.  right to dismiss a prosecutor for prejudice





D.  right to trial by jury in a civil case





E.





Answer:  C

"Beyond a reasonable doubt" is the standard that







A.  government must show to prove its guilt against a defendant





B.  defendants must show to prove their innocence





C.  judges use to determine whether a juror is sufficiently

     without bias to sit on a jury 



D.  must be shown by a defendant in order to win an appeal

     from a conviction



E.





Answer:  A

Probable cause is best defined as







A.  the standard used by a judge to dismiss a juror for prejudice

     against a defendant



B.  a good reason for suspecting a person of breaking a law





C.  the standard used by a court to show that persons have

     proved their innocence



D.  a defense that can be raised by defendants to show that the

     court is prejudiced against them



E.





Answer:  B

The 4th Amendment is part of the Bill of Rights, in part,

because of





A.  the history of British officials issuing general warrants to

     search any place, at any time, for anything



B.  the history of British officials who were careful not to carry

     on illegal searches in the American colonies



C.  society has the right to carry on searches for no good reason

     at all to maintain public order



D.  British officials insisted on it during the Colonial period





E.





Answer:  A

Procedural due process is based on the idea that







A.  defendants' rights must be considered over the needs of

     society



B.  systems of criminal justice must be affordable





C.  police officials must have necessary authority to enforce

     the law



D.  government officials must obey the law





E.





Answer:  A

The exclusionary rule is







A.  the standard used by judges to exclude prejudiced jurors

     from a trial



B.  the standard by which a judge determines whether a

     defendant is lying on the stand under oath



C.  the standard used to exclude evidence in a trial which was

     attained through an illegal search and seizure



D.  the standard which sets aside a verdict when a judge was

     shown to be prejudiced against a defendant



E.





Answer:  C

Which of the following is an important characteristic of an

adversarial legal system?





A.  Cross-examination of witnesses is conducted by the judge.





B.  Two opposing sides present their case to an impartial judge

     or jury.



C.  There are no jury trials.





D.  Cases are presented by the actual parties, without the

     assistance of lawyers.



E.





Answer:  B

The 5th Amendment contains what important procedural

safeguard to persons accused of a crime?





A.  right to trial by jury





B.  right to face witness who might incriminate you





C.  right against self-incrimination (to be a witness against

     oneself.



D.  right not to be tried for the same offense twice





E.





Answer:  C

The Miranda rights which emerged from Miranda v. Arizona

(1966. require that the police inform anyone accused of a crime

of each of the following rights EXCEPT



A.  right to remain silent





B.  right to talk to a lawyer





C.  right to a fair trial





D.  right to have a lawyer appointed for you if you cannot afford

     one



E.





Answer:  C

What is the purpose of having a person being indicted by a

grand jury?





A.  to determine the guilt or innocence of the accused





B.  to allow the accused to plead his/her innocence





C.  to decide whether there is enough evidence to go to trial





D.  to determine if a conviction can be appealed





E.





Answer:  C

An argument in favor of the exclusionary rule is that it







A.  encourages the police to protect defendants' constitutional

     rights



B.  keeps irrelevant evidence out of court hearings





C.  speeds up the handling of court cases





D.  promotes greater cooperation between the defense and

     prosecution attorneys



E.





Answer:  A

The right to a fair trial provided in the Bill of Rights reflects

which of the following values or interests?





A.  privacy





B.  authority





C.  limited government





D.  popular sovereignty





E.





Answer:  A

On the issue of capital punishment, the language of the

Constitution appears to





A.  prohibit the death penalty as a cruel and unusual punishment





B.  accept the legitimacy of the death penalty





C.  accept depriving a person of life without due process of law





D.  prohibit the death penalty for any crime but murder





E.





Answer:  B

The 6th Amendment guarantees each of the following procedural

rights EXCEPT





A.  speedy trial





B.  public trial





C.  impartial jury





D.  location of the trial must be outside the state, district or

     community where the crime was committed



E.





Answer:  D

What does the Bill of Rights have to say about bail?







A.  Judges have absolute right to deny bail.





B.  Only juries can determine the amount of bail.





C.  Bail can only be denied if the prosecutor protests.





D.  Excessive bail may not be required by judges.





E.





Answer:  D

Why was capital punishment declared unconstitutional by the

Supreme Court in 1972?





A.  state laws permitted unguided discretion to apply it as courts

     saw fit



B.  some states permitted it while others did not





C.  the appeals process was denied to prisoners on death row





D.  persons on death row were subjected to humiliation in the

     nation's newspapers and on television



E.





Answer:  A

The Founders established the principle of separation of church

and state for what reason?





A.  to protect religion from being corrupted by the state





B.  to prevent a church from taking over the state





C.  to protect religions from persecution by the state





D.  to protect religions from corruption caused by their own

     members



E.





Answer:  A

The 4th Amendment guarantees that if a search warrant is

necessary, it must include





A.  right of authorities to make broad, unsubstantiated searches





B.  the name of the officers who will enforce the warrant





C.  the person or things to be seized





D.  the right of the person to secure legal assistance

          



E.





Answer:  C