Constitutional Limits on Criminal Legislation MCQs
Constitutional Limits on Criminal Legislation MCQs
The following Constitutional Limits on Criminal Legislation MCQs have been compiled by our experts through research, in order to test your knowledge of the subject of Constitutional Limits on Criminal Legislation. We encourage you to answer these 40 multiple-choice questions to assess your proficiency.
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1: State laws may not encroach upon individual rights guaranteed by the first 10 amendments of the U.S. Constitution.
A. True
B. False
2: Three rights are promised in the First Amendment.
A. True
B. False
3: Totalitarian and militaristic governments cannot sensor public speech.
A. True
B. False
4: Symbolic speech has constitutional protection.
A. True
B. False
5: Which of the following involved the issue of wearing a black armband with a peace symbol?
A. Tinker v. Des Moines (1969)
B. U.S. v. O’Brien (1968)
C. U.S. v. Grace (1983)
D. Brown v. Louisiana (1966)
6: A balancing act is used by Congress to weigh an individual’s right to free expression against society’s interests.
A. True
B. False
7: The U.S. Supreme Court announced a new test for obscenity in
A. U.S. v. Eichman (1990)
B. Jacobellis v. Ohio (1964)
C. Texas v. Johnson (1989)
D. Miller v. California (1973)
8: Speech prohibitions must be content-neutral.
A. True
B. False
9: The U.S. Supreme Court applied a clear and present danger test in
A. Schenck v. United States (1919)
B. Brandenburg v. Ohio (1969)
C. Cohen v. California (1971)
D. Edwards v. South Carolina (1963)
10: ______can impose rules for public gatherings, establish hours during which public protests can be held, and set noise level for gatherings.
A. Counties
B. Cities
C. Airports
D. All of these
11: The First Amendment protects the right to bear arms.
A. True
B. False
12: There is only one due process clause.
A. True
B. False
13: The prohibition against cruel and unusual punishment refers to post-conviction punishments.
A. True
B. False
14: The Fourteenth Amendment was passed 6 years after which war?
A. American Revolution
B. Civil War
C. World War I
D. World War II
15: Which of the following are examples of issues that have been raised in Supreme Court cases?
A. Racial desegregation
B. Interracial marriage
C. Capital punishment
D. All of these
16: Which of the following amendments does not have any elements of right to privacy?
A. Second Amendment
B. Fourth Amendment
C. Ninth Amendment
D. Fourteenth Amendmen
17: _____ is defined as the first 10 amendments of the U.S. Constitution, including the right to free speech, the right to bear arms, the prohibition against cruel and unusual punishment, and due process. Some of the Bill of Rights protections are made binding on the states through the Fourteenth Amendment.
A. Theft
B. Bill of Rights
C. Household burglary
D. All of these
18: _____ is known as the appellant [Clarence Brandenburg], a leader of a Ku Klux Klan group, was convicted under the Ohio Criminal Syndicalism statute for: [A]dvocat(ing) * * * the duty, necessity, or propriety of crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform’ [and for] voluntarily assembl(ing) with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism.
A. Brandenburg v. Ohio
B. All of these
C. Bigamy
D. Sarbanes-Oxley Act
19: Is cohen v. California appellant Paul Robert Cohen was convicted in the Los Angeles Municipal Court of . . . “maliciously and willfully disturb(ing) the peace or quiet of any neighborhood or person . . . by . . . offensive conduct . . .” He was given 30 days’ imprisonment . . ?
A. True
B. False
20: _____ is the Eighth Amendment to the U.S. Constitution prohibits punishment that is cruel and unusual. Postconviction punishment must be proportionate to the crime and must not exceed society’s norms for sanctions.
A. Intervention in defense of others
B. Efforts to conceal the crime
C. All of these
D. Cruel and unusual punishment
21: _____ is defined as constitutional guarantee in the Fifth and Fourteenth Amendments, which requires that a person not be deprived of “life, liberty or property without due process of law.” It guarantees a fair process, including clear notice of which actions are unlawful.
A. Writing
B. Due process clause
C. All of these
D. Conspiracy
22: Is edwards v. South Carolina the First Amendment protects “the right of the people peaceably to assemble.” This case demonstrates that this constitutional right was an important legal tool in the fight for racial equality during the 1960s civil rights movement. Without it, civil rights advocates could have been prevented from planning and participating in large group demonstrations, including marches such as the Selma to Montgomery marches and the 1963 March on Washington?
A. True
B. False
23: _____ is u.S. constitutional prohibition against cruel and unusual punishment for someone convicted of a crime.
A. None of these
B. Intent-to-do-serious-bodily-harm murder
C. Eighth Amendment
D. Assault.
24: _____ is defined as u.S. constitutional guarantee protected by the Fourteenth Amendment, which provides that all persons are entitled to equal protection under the law.
A. Equal protection clause
B. U.S. v. Grace (1983)
C. U.S. v. O’Brien (1968)
D. None of these
25: _____ is known as included within the U.S. Constitution’s Bill of Rights, mandates due process of law.
A. Fifth Amendment
B. None of these
C. Concurring opinion
D. Strict liability offense
26: Is fighting words in Chaplinsky v. New Hampshire, the U.S. Supreme Court defined fighting words as words, “which by their very utterance inflict injury or tend to incite an immediate breach of the peace.” Fighting words are not constitutionally protected under the First Amendment?
A. False
B. True
27: _____ is includes the constitutional guarantee of Equal Protection and Due Process. This Amendment makes the Bill of Rights’ protections applicable to state laws.
A. Fourteenth Amendment
B. None of these
C. Tippers
D. Fraudulent representation of identity
28: _____ is defined as constitutional provision within the First Amendment that permits people to practice religion without undue interference by the state.
A. Free exercise clause
B. Juries
C. All of these
D. Vehicular manslaughter
29: _____ is known as first Amendment constitutional guarantee, which allows people to express their opinions through speech, so long as the state does not have a compelling reason to regulate or prohibit the speech.
A. None of these
B. Arson.
C. Assault.
D. Freedom of speech
30: Is hate speech speech used to express hatred toward an individual or group based upon specific characteristics, such as race, ethnicity, gender, sexual orientation, or religion. Hate speech alone is not criminal. However, when it is joined with conduct, it may be subject to additional criminal sanctions (e.g., penalty enhancement)?
A. True
B. False
31: _____ is test used by the U.S. Supreme Court in Brandenburg v. Ohio, to determine whether particular speech is constitutionally protected. Speech that is likely to cause imminent, lawless action is not protected under the First Amendment.
A. All of these
B. Imminent, lawless action
C. Fraud in inducement
D. Judicial decision making
32: _____ is defined as legal doctrine that makes some parts of the Bill of Rights applicable to the states through the Fourteenth Amendment.
A. All of these
B. Tippers
C. Incorporation
D. Tippees
33: Is lawrence v. Texas after observing John Lawrence and Tyron Garner engaging in a sex act, Houston police charged the men with violating a state law that criminalized “deviate sexual intercourse.” Following their conviction, they appealed. After hearing the case, the Supreme Court held that private, consensual sodomy, between adults is constitutionally protected activity?
A. False
B. True
34: Is loving v. Virginia when the Court heard the case in 1967, 16 states had antimiscegenation laws on the books. In 1958, Richard Loving, a White man, and Mildred Jeter, a Black woman, were married in Washington, DC. The newly wedded couple returned to Virginia, and they were charged with violating a Virginia law that banned Whites from marrying non-Whites?
A. False
B. True
35: Is mcLaughlin v. Florida any negro man and White woman, or any White man and negro woman, who are not married to each other, who shall habitually live in and occupy in the nighttime the same room shall each be punished by imprisonment not exceeding twelve months, or by fine not exceeding five hundred dollars?
A. False
B. True
36: _____ is defined as not explicitly written in the Constitution but rooted in several amendments protects privacy in areas that include contraception and family relations.
A. All of these
B. Right to privacy
C. Heat of passion
D. Commonwealth v. McCloskey (1975)
37: _____ is known as constitutional amendment that protects the right to bear arms.
A. Second Amendment
B. None of these
C. Knowledge of the wrongfulness of the child’s actions
D. Efforts to conceal the crime
38: Is symbolic speech speech communicated through the use of images or symbols, such flag burning?
A. False
B. True
39: _____ is regulations by government entities that state when and where public speech can take place, such as regulations for a public university that list the rules for when students can hold protest rallies on campus.
A. Time, place, and manner
B. Fraud in inducement
C. Modern law
D. All of these
40: _____ is defined as laws which are unconstitutional under the Due Process Clause because they are so general and unclear that they do not provide notice to the public as to which actions are criminal.
A. None of these
B. Void for vagueness
C. Household burglary
D. Federal legislation
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Constitutional Limits on Criminal Legislation MCQs
