Civil Rights, Civil Liberties, and Courts

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Multiple Choice

Identify the letter of the choice that best completes the statement or answers the question.

IDENTIFYING KEY TERMS

The court that first hears a case is said to have

a.	appellate jurisdiction.	c.	original jurisdiction.
b.	exclusive jurisdiction.	d.	concurrent jurisdiction.

The list of cases to be heard by a court is called a

a.	civil case list.	c.	writ of certiorari.
b.	certificate.	d.	docket.

Which of the following could be the subject of a criminal case tried in federal court?

a.	bankruptcy	c.	counterfeiting
b.	civil rights	d.	labor relations

Which of the following is a TRUE statement about a writ of certiorari?

a.	Only a defendant can petition for it.
b.	Only a plaintiff can petition for it.
c.	The Supreme Court must grant cert for all requests.
d.	The Supreme Court grants cert in a limited numbers of instances.

MAIN IDEAS

All of the following statements about the Court of Federal Claims are true EXCEPT:

a.	Congress almost always appropriates money to satisfy upheld claims.
b.	Decisions from the Court of Federal Claims cannot be appealed.
c.	The Court of Federal Claims hears trials involving claims for damages against the Federal Government.
d.	Judges for the Court of Federal Claims are appointed by the President and approved by the Senate.

One weakness of the Articles of Confederation was that

a.	it established a dual court system.
b.	it did not provide for a national judiciary.
c.	Congress could create only a few lower federal courts.
d.	the jurisdiction of the Supreme Court was not clearly defined.

Which of the following statements about federal judges is TRUE?

a.	They must have had previous service as State court judges or attorneys.
b.	They serve a fixed term of office, set by Congress.
c.	They are appointed by the President and confirmed by the Senate.
d.	All of the above are true.

Which federal court has original jurisdiction over MOST cases heard in federal court?

a.	district court
b.	court of appeals
c.	the Supreme Court
d.	the Court of Appeals for the Federal Circuit

Most importantly, the Supreme Court is called the High Court because it is the

a.	best court in the country.
b.	only court established by the Constitution.
c.	first court in which most of the important federal cases are heard.
d.	last court in which federal questions can be decided.

10.

The Court of Appeals for the Federal Circuit differs from the other 12 federal courts of appeals because it

a.	does not hear appeals from regulatory agencies.
b.	can have original jurisdiction over federal cases.
c.	hears cases from across the country.
d.	only hears appeals from the Supreme Court.

11.

The purposes of the 12 federal courts of appeals include all of the following EXCEPT:

a.	to relieve the work load of the Supreme Court.
b.	to hear appeals from the district courts.
c.	to consider cases from several regulatory agencies.
d.	to hear original cases that have bypassed lower courts.

12.

The term of office for constitutional court judges is determined by

a.	the Constitution.	c.	the Department of Justice.
b.	Congress.	d.	the President.

13.

Which one of the following duties is NOT performed by a United States magistrate?

a.	issuing arrest warrants
b.	setting bail
c.	trying some cases concerning minor offenses
d.	recording court proceedings

14.

The United States Tax Court hears

a.	criminal cases.
b.	civil cases.
c.	no cases generated by the Internal Revenue Service.
d.	all of the above.

15.

The Supreme Court's decision in Marbury v. Madison

a.	enabled William Marbury to become a justice of the peace.
b.	stripped the President of his power to appoint federal judges.
c.	established the Court's power of judicial review.
d.	none of the above.

16.

Legal cases in the District of Columbia and the territories that belong to the United States are settled in:

a.	the courts of the State nearest the district or territory.
b.	a separate system of courts for each territory and each district like those at the State and federal levels.
c.	a system of local courts like those in a city or town.
d.	a system based on mediation and arbitration rather than legal confrontation.

17.

Which statement about differences between constitutional courts and special courts is TRUE?

a.	Constitutional courts do not exercise broad judicial power.
b.	Only constitutional courts hear cases arising out of expressed congressional powers.
c.	Special courts have special powers granted under Article III.
d.	Special courts hear a much narrower range of cases.

18.

The MOST IMPORTANT reason why the United States needed a national court system was that

a.	laws in the Constitution are not clearly stated.
b.	Congress had too much power to interpret laws.
c.	people were ignoring the decisions of the State courts.
d.	each State was interpreting laws for itself.

19.

Jurisdiction DIRECTLY limits

a.	when a case may be heard.
b.	which court may decide a case.
c.	how many witnesses may be called by the defendant.
d.	the number of times a case may be appealed.

20.

The federal officers who make arrests, secure jurors, and serve legal papers are

a.	marshals.	c.	United States attorneys.
b.	magistrates.	d.	deputy clerks.

21.

Which of the following statements does NOT accurately describe federal district courts?

a.	They handle both civil and criminal cases.
b.	Like courts of appeals, they have the right to listen to appeals.
c.	Like the Supreme Court, they can have original jurisdiction.
d.	They are the principal trial courts in the federal system.

22.

Chief Justice Charles Evans Hughes once said that the Constitution "means what the judges say it means." He was defining the Supreme Court's

a.	original jurisdiction.	c.	exclusive jurisdiction.
b.	power of judicial review.	d.	right to use the writ of certiorari.

23.

Which of the following are all special courts?

a.	Court of Appeals for the Armed Forces, Court of Federal Claims, U.S. Tax Court
b.	U.S. Tax Court, Court of International Trade, Court of Federal Claims
c.	Court of Appeals for the Armed Forces, Court of Appeals for Veterans Claims, Court of Appeals for the Federal Circuit
d.	Court of Federal Claims, U.S. Tax Court, Court of Appeals for the Federal Circuit

24.

Judges of the constitutional courts are appointed

a.	for terms varying from four to eight years.
b.	for 12-year terms.
c.	for 15-year terms.
d.	for life

25.

The courts of appeals hear cases that have been appealed from

a.	the district courts.
b.	the U.S. Tax Court.
c.	the decisions of federal regulatory agencies.
d.	all of the above.

26.

The power of judicial review is held

a.	exclusively by the Supreme Court.
b.	only by federal courts.
c.	by most federal and State courts.
d.	only by courts with appellate jurisdiction.

27.

Which of the following statements about the Supreme Court is FALSE?

a.	The Supreme Court exercises both original and appellate jurisdiction.
b.	Cases can reach the Supreme Court by certificate and writ of certiorari.
c.	The Supreme Court only reads briefs; it does not hear oral arguments.
d.	All of the above statements are false.

28.

The federal courts can hear and decide cases on the basis of

a.	the subject matter or people affected by the case.
b.	the amount of money or number of defendants.
c.	diverse citizenship or human interest.
d.	appeals from States and from courts of appeals.

29.

Federal courts have exclusive jurisdiction over all of the following types of cases EXCEPT cases involving

a.	a foreign government official.	c.	citizens of different States.
b.	a person accused of a federal crime.	d.	the infringement of a copyright.

30.

The MOST accurate reason that the Court of International Trade is classified as a constitutional court rather than a special court is that

a.	it exercises the broad "judicial power of the United States."
b.	it operates quite differently than special courts, such as the territorial courts or the Court of Military Appeals.
c.	the cases it decides can never reach appeals courts or the Supreme Court.
d.	it replaced the Board of United States General Appraisers and the Court of Customs.

31.

The independence of the judicial branch is ensured by the

a.	manner in which federal judges are chosen.
b.	terms federal judges serve.
c.	salaries of federal judges.
d.	all of the above.

32.

Laws against seditious speech have been upheld by the Supreme Court if they

a.	disagree with the government in public.
b.	urge people to vote against the government.
c.	urge people to overthrow the government.
d.	support the party out of power.

33.

Government has the right to make reasonable rules regulating assemblies

a.	to uphold its limits on free speech.
b.	to protect against the inciting of violence or the endangerment of life.
c.	in situations that may involve protest against government policies.
d.	if rules are applied individually regarding content.

34.

The Due Process Clause guarantees that

a.	the National Government will not interfere with constitutional rights.
b.	States are not bound by their State constitutions in matters of individual rights.
c.	States will not deny people any basic or essential liberties.
d.	State governments will police the National Government.

35.

A democracy must allow freedom of expression, otherwise

a.	a dictatorship cannot exist.	c.	government will collapse.
b.	office seekers cannot run for office.	d.	democracy does not really exist.

36.

Which of the following statements about commercial speech is TRUE?

a.	It is legal to print false or misleading advertising only to benefit government-funded products.
b.	Cigarette ads are permitted on radio and television.
c.	Federal law forbids pharmacies from advertising prescription drug prices.
d.	Commercial speech is protected by the 1st and 14th amendments.

37.

Which has received the most limited 1st Amendment protection?

a.	radio and television	c.	movies
b.	magazines	d.	newspapers

38.

The Supreme Court has ruled that demonstrations on private property

a.	are protected by the First Amendment.
b.	are not protected by the First Amendment if demonstrators are trespassing.
c.	have the same protections as those on public property.
d.	are legal if speeches are given.

39.

Individual rights were included in the Constitution because

a.	conflicts between individuals and the government remained unsolved.
b.	the people demanded a listing of rights.
c.	the distinction between civil rights and civil liberties had to be made.
d.	people did not want the government to have any authority over them.

40.

The 10 amendments known as the Bill of Rights were originally intended as restrictions against

a.	the already existing States.
b.	any new States that would enter the Union.
c.	the new National Government.
d.	both the National Government and State governments.

41.

Without freedom of expression,

a.	Congress would have too much power.
b.	democracy could not exist.
c.	all kinds of unpopular ideas would become popular.
d.	States would have too much power.

42.

Under the Establishment Clause, the government still has the power to do all of the following EXCEPT

a.	use tax money to pay for busing students to parochial schools.
b.	provide public funds for some uses in church-related schools.
c.	establish an acceptable voluntary prayer for use in public schools.
d.	exercise control over public, seasonal displays.

43.

In deciding cases involving laws against sedition, the Supreme Court has

a.	developed the "clear and present danger" rule.
b.	established the excessive entanglement standard.
c.	upheld the Alien and Sedition acts of 1798.
d.	upheld the constitutionality of all such laws.

44.

A person may do as he or she chooses in this country

a.	because the Constitution guarantees that right.
b.	because the Supreme Court has ruled that to be a right.
c.	as long as that person does not infringe on the rights of others.
d.	as long as that person does not criticize others.

45.

The Free Exercise Clause gives people the right to

a.	assemble on private property.
b.	hold any religious beliefs.
c.	offend public morals.
d.	violate criminal law in the name of religion.

46.

Which of the following is NOT one of the public places in which people have a constitutional right to hand out political literature?

a.	streets	c.	public parks
b.	shopping centers	d.	sidewalks

47.

The government can limit free speech or free press if the communication

a.	is political.
b.	seems offensive to some adults.
c.	is advertising.
d.	involves the picketing of an important business.

48.

An argument for government control of assemblies involves the

a.	government's right to censor the content of public meetings.
b.	duty of government to protect the public.
c.	right of government to prevent demonstrations.
d.	unnecessary picketing of businesses by strikers.

49.

The right to privacy inherent in the concept of due process has been applied with the most controversy recently in cases involving

a.	abortion.	c.	bearing arms.
b.	searches and seizures.	d.	school attendance.

50.

Under the 2nd Amendment,

a.	there is no limitation on the free flow of guns within the United States.
b.	the States cannot limit a person's right to own a gun.
c.	each State has the right to have a militia.
d.	no citizen may own a gun.

51.

A(n) ____, requires the police to bring a prisoner before the court and explain why he or she should not be released.

a.	writ of habeas corpus	c.	ex post facto law
b.	bill of attainder	d.	indictment

52.

To have a fair trial, a person is guaranteed all of the following EXCEPT

a.	trial within a reasonable time.	c.	adequate defense.
b.	trial by a jury.	d.	media coverage if demanded.

53.

The main reason the Constitution dealt specifically with the crime of treason was that

a.	treason was not considered a serious crime before the Constitution was written.
b.	treason is a crime against the country, not against individuals.
c.	the Framers knew the charge of treason can be used for political reasons.
d.	the Framers wanted to prevent all treason in order to protect the democracy.

54.

Which of the following was declared by the Supreme Court to be "cruel and unusual punishment"?

a.	denying inmates needed medical treatment
b.	use of the electric chair as a form of execution
c.	placing two inmates in a cell built for one
d.	use of the firing squad as a form of execution

55.

The most important difference between procedural and substantive due process is that

a.	substantive due process was recognized first by the Supreme Court.
b.	procedural due process deals with governmental methods and how they are used, whereas substantive due process deals with the fairness of laws.
c.	the Supreme Court can rule on cases involving procedural due process but the States rule on cases of substantive due process.
d.	only procedural due process is covered under the 14th Amendment Due Process Clause.

56.

The guarantee against double jeopardy protects a person from being tried

a.	for more than one crime committed at any one time.
b.	twice for the same crime.
c.	for a crime the person did not commit.
d.	for a federal crime in a State court.

57.

According to the Supreme Court, capital punishment

a.	is not cruel and unusual punishment.
b.	is cruel and unusual punishment.
c.	can only be imposed after a two-stage trial.
d.	can be a mandatory penalty for certain crimes.

58.

The inclusion of two due process clauses in the Constitution reflects the fact that

a.	due process has two quite different meanings.
b.	the Constitution is written poorly in regards to due process.
c.	due process is very easy to define.
d.	the Bill of Rights is for the National Government, and the 14th Amendment is for the States and their local governments.

59.

The 13th Amendment forbids

a.	any form of military service.
b.	slavery and most forms of involuntary servitude.
c.	the draft.
d.	all of the above.

60.

When arresting a person, police must

a.	always have a warrant in order to search for a weapon.
b.	refrain from searching for destructible evidence.
c.	have probable cause to believe the person is involved in criminal activity.
d.	seize the person in a public place.

61.

A grand jury

a.	decides the guilt or innocence of those accused of crimes.
b.	conducts its proceedings in public.
c.	issues an indictment when it finds enough evidence to warrant a trial.
d.	plays a role in all federal and most State criminal cases today.

62.

In Furman v. Georgia, 1972, the Court ruled that

a.	the death penalty is "cruel and unusual punishment."
b.	existing death penalty laws were unconstitutional because they gave too much discretion to judges and juries.
c.	putting two prisoners in a cell built for one is considered cruel and unusual punishment.
d.	States can impose the death penalty for the sale of narcotics.

63.

The States' police power is defined as the right to

a.	protect public health, safety, morals, and the general welfare.
b.	punish those who commit crimes against the citizenry.
c.	keep a militia and an armed law enforcement agency.
d.	allow its citizenry to keep and bear arms.

64.

Which of the following statements about the 4th Amendment is TRUE?

a.	It applies only to the States.
b.	It prohibits all arrests made without a warrant.
c.	It has been of little importance in our history.
d.	It forbids unreasonable searches and seizures.

65.

For an arrest to be lawful, police must have either a warrant or

a.	a bill of attainder.	c.	a writ of habeas corpus.
b.	probable cause.	d.	a grand jury indictment.

66.

The writ of habeas corpus is intended to prevent

a.	a prisoner from being tried for the same crime twice.
b.	the accused from being brought before a judge.
c.	the accused from being unjustly arrested and imprisoned without cause.
d.	defendants from being denied a lawyer.

67.

Because the Supreme Court has never found the 2nd Amendment to be within the meaning of the 14th Amendment's Due Process clause,

a.	citizens are free to keep arms in their home without government restrictions.
b.	States can limit the right to keep and bear arms.
c.	citizens are strictly forbidden to keep guns in their homes.
d.	States may not keep militias.

68.

The 6th Amendment's guarantee of a speedy and public trial is aimed at

a.	deterring potential criminals by fear of swift and certain punishment.
b.	trying those accused of crimes without undue delay and avoiding secret trials.
c.	eliminating overcrowded dockets in the nation's criminal courts.
d.	preventing jurors from being unduly influenced by public opinion.

69.

The only crime that is specifically defined in the Constitution is

a.	espionage.	c.	forceful government overthrow.
b.	sabotage.	d.	treason.

70.

Which is the MOST accurate description of the way minority groups historically have been treated in the United States?

a.	with complete equality
b.	with reluctance to accept their equality
c.	with a sincere recognition of their cultural differences
d.	with willing acceptance of immigrants, but only forced acceptance of those minorities already residing in the United States

71.

In regard to the issue of equality, the Constitution states that

a.	all people are equal in all ways.
b.	slaves should be equal to free people.
c.	no person can be denied equal protection of the laws.
d.	government cannot draw distinctions between persons and groups.

72.

With ____, the Federal Government hopes to overcome effects of past discrimination.

a.	affirmative action	c.	reverse discrimination
b.	de facto segregation	d.	denaturalization

73.

A person can become a citizen of the United States by all of the following means EXCEPT

a.	being born in the United States.
b.	being born beyond American jurisdiction to American parents.
c.	by an act of Congress or a treaty.
d.	illegally crossing the Mexican border into Texas.

74.

Over time, the makeup of the American population has become

a.	more diverse.	c.	less heterogeneous.
b.	more stable.	d.	less ethnic.

75.

In the past, women have been denied which of the following?

a.	the right to own property	c.	suffrage
b.	educational opportunities	d.	all of the above

76.

Laws that treat men and women differently

a.	are always constitutional.
b.	are always unconstitutional.
c.	may be upheld by the Supreme Court if they meet certain criteria.
d.	may be passed by Congress but not by States.

77.

De jure segregation

a.	no longer exists in this country.
b.	existed only in the South.
c.	is caused mainly by housing patterns.
d.	was the result of laws or other government actions.

78.

The Civil Rights Act of 1964

a.	outlaws discrimination in public accommodations and hiring practices.
b.	is not a meaningful piece of civil rights legislation.
c.	does not apply to restaurants and eating-places.
d.	does not include voting rights provisions.

79.

An amnesty program was established by the Immigration and Reform Act of 1986 to address which of the following problems?

a.	Undocumented aliens had troubled and divided many groups.
b.	There was not enough border patrol officers to combat the problem of illegal immigration.
c.	Employers were unwilling to hire undocumented aliens.
d.	The establishment of a quota system had angered many immigrants.

80.

The continuing theme of immigration policy in the United States has been to

a.	allow all refugees a safe haven.
b.	help many from other countries become citizens of the United States.
c.	exert limited control over who can enter the country.
d.	adapt regulations to fit changing conditions at a particular time.

81.

Citizenship by birth is determined by the rules

a.	of naturalization and denaturalization.
b.	of jus soli and jus sanguinis.
c.	set forth in the amendments to the Constitution.
d.	of individual or collective naturalization.

82.

One reason that women earn 80 cents for every dollar earned by men is that

a.	they are in the minority.
b.	on average, women are less capable for business than men.
c.	on average, only low paying occupations were open to women.
d.	historically, women have never formed labor unions to achieve equal pay.

83.

The first major Supreme Court case that challenged affirmative action was

a.	University of California v. Bakke.
b.	Brown v. Board of Education of Topeka.
c.	Plessy v. Ferguson.
d.	Hoyt v. Florida.

84.

In an earlier part of United States history, Congress

a.	consistently acted for the benefit of minority groups.
b.	pursued legislation aiding African Americans, but not women.
c.	pursued legislation aiding women only.
d.	helped further the discrimination of minorities by inaction.

85.

The action of the Supreme Court in regards to job quotas has been to

a.	uphold all quotas.
b.	affirm that race is the only factor in making affirmative action decisions.
c.	uphold quotas when they help overcome effects of long-standing biases.
d.	deny the use of all quotas because they take rights away from people who are equally or more qualified for certain positions.

86.

Undocumented aliens are those who enter the United States

a.	across the Mexican or Canadian borders.
b.	legally to work in seasonal jobs.
c.	without following proper legal procedures.
d.	as naturalized citizens.

87.

One test that the Supreme Court uses to determine the validity of laws that discriminate between groups of people is the

a.	Due Process test.	c.	Constitution.
b.	rational basis test.	d.	Equal Protection test.

88.

Which of the following statements does NOT accurately describe the Supreme Court decision in Brown v. Board of Education of Topeka?

a.	It reversed the earlier decision in Plessy v. Ferguson.
b.	It held that segregation by race in public education is unconstitutional.
c.	It quickly brought about integration of schools in this country.
d.	It struck down the separate-but-equal doctrine in education.

89.

Congress did not pass civil rights legislation from the 1870s to the late 1950s MAINLY because

a.	those in power were unaware, unconcerned, or strongly opposed.
b.	the Constitution had stated the civil rights of all and no further action was needed.
c.	civil rights leaders did not try to make gains for their people.
d.	people believed that the existing laws were adequate for all.

90.

The response of the Supreme Court to affirmative action programs today can BEST be described as

a.	completely supportive since its inception.
b.	non-supportive until recent years.
c.	conservative in rendering decisions.
d.	inflammatory in its decisions.

INTERPRETING POLITICAL CARTOONS

Use the cartoon to answer the following questions.

91.

In the cartoon, mass marching

a.	is used to represent a democratic freedom.
b.	endangers the democratic process.
c.	is done to support only certain causes.
d.	creates risks for the marchers.

92.

The cartoonist seems MOST concerned about

a.	the rights of people demonstrating for causes.
b.	the status of changes to the democratic process.
c.	the strength of the democratic process.
d.	the causes for which people choose to march.

93.

The cartoon deals with conflicts between the general welfare and

a.	national security.	c.	private enterprise.
b.	the right of assembly.	d.	individual freedoms.

94.

The cartoon deals with which of the guarantees in the Bill of Rights?

a.	freedom of the press	c.	freedom of religion
b.	right of petition	d.	all of the above

95.

Which statement BEST explains the point the cartoonist is trying to make?

a.	Mass marching for causes will help carry the sometimes weakening democratic process forward.
b.	There is a danger that the democratic process can be harmed by mass marching for causes.
c.	Mass marching for causes should be banned.
d.	Mass marching for causes will destroy the democratic process.

INTERPRETING CHARTS

Use the chart to answer the following questions.

96.

In the chart, what label should appear in the box marked W?

a.	Right to appeal
b.	Verdict of jury
c.	No third degree or coerced confession
d.	Arrest on warrant or probable cause

97.

Another label for the second box from the top would be

a.	Exclusionary rule in effect.
b.	Police follow Miranda Rule.
c.	Defendant invokes the 5th Amendment.
d.	Informed of custody rights.

98.

The second box from the bottom describes rights protected by

a.	preventive detention.	c.	the Miranda Rule.
b.	the 8th Amendment.	d.	the use of two-stage trials.

99.

The fifth box lists two ways the accused can be informed of charges. What is a third way?

a.	presentment	c.	Supreme Court ruling
b.	writ of habeas corpus	d.	bill of attainder

100.

Which label should appear in the box marked Y?

a.	Right to appeal
b.	Verdict of jury
c.	No third degree or coerced confession
d.	Arrest on warrant or probable cause