MCQs > Crime & Justice > Criminal Law (U.S.) MCQs > Constitutional Limitations MCQs

Constitutional Limitations MCQ

Commercial speech is an example of _____ speech.

Answer

Correct Answer: Limited protected

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Reserved powers are given to the ________ by the constitution.

Answer

Correct Answer: State governments

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_____ is defined as a law violates due process that fails to clearly inform individuals of what acts are prohibited and/or fails to establish clear standards for the police.

Answer

Correct Answer: Void for vagueness

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_____ is threat of bodily harm directed against an individual or a group of individuals.

Answer

Correct Answer: True threat

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Is symbolic speech conduct may be protected under the First Amendment where there is an intent to convey a particularized message and there is a strong likelihood that the message will be understood by observers?

Answer

Correct Answer: True

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_____ is known as the state has the burden of demonstrating that a law employing a racial or ethnic classification is strictly necessary to accomplish a valid objective.

Answer

Correct Answer: Strict scrutiny test

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_____ is defined as offense based on personal characteristics or condition rather than conduct that constitutes cruel and unusual punishment.

Answer

Correct Answer: Status offense

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_____ is an amendment to the U.S. Constitution that protects the right of individuals to “keep and bear arms.”

Answer

Correct Answer: Second Amendment

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Is rule of legality an individual may not be punished for an act that was not clearly condemned in a statute prior to the time that the individual committed the act?

Answer

Correct Answer: True

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_____ is known as a law is presumed valid so long as it is reasonably related to a valid state purpose.

Answer

Correct Answer: Rational basis test

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_____ is defined as the constitutional right to be free from unjustified governmental intrusion into the sphere of personal autonomy.

Answer

Correct Answer: Privacy

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_____ is a statute that is unconstitutionally broad and punishes both unprotected speech or conduct and protected speech or conduct.

Answer

Correct Answer: Overbreadth

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Is obscenity description or representation of sexual conduct that, taken as a whole, by the average person, applying contemporary community standards, appeals to the prurient interest in sex. Sex is portrayed in a patently offensive way and lacks serious literary, artistic, political, or scientific value when taken as a whole?

Answer

Correct Answer: True

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Is nullum crimen sine lege, nulla poena sine lege no crime without law, no punishment without law?

Answer

Correct Answer: True

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_____ is known as law presumed constitutional so long as it is reasonably related to a valid state purpose.

Answer

Correct Answer: Minimum level of scrutiny test

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_____ is defined as a civil action for words that harm an individual’s reputation.

Answer

Correct Answer: Libel

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_____ is classifications based on gender must be factually related to differences based on gender and must be substantially related to the achievement of a valid state objective.

Answer

Correct Answer: Intermediate level of scrutiny

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Is the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution is interpreted to include most of the rights contained in the first eight amendments and extends these protections to the states. ?

Answer

Correct Answer: True

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_____ is known as words provoking individuals to breach the peace.

Answer

Correct Answer: Incitement to violent action

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_____ is defined as speech that denigrates, humiliates, and attacks individuals on account of race, religion, ethnicity, nationality, gender, sexual preference, or other personal characteristics and preferences.

Answer

Correct Answer: Hate speech

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_____ is an amendment to the U.S. Constitution that protects individuals against unreasonable searches and seizures.

Answer

Correct Answer: Fourth Amendment

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Is fourteenth Amendment an amendment to the U.S. Constitution passed in 1868 to provide equal rights and opportunity for newly freed African American slaves. The Fourteenth Amendment incorporates most of the provisions of the Bill of Rights and extends these protections to the states?

Answer

Correct Answer: True

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_____ is defined as an amendment to the U.S. Constitution that protects freedom of expression, assembly, and free exercise of religion.

Answer

Correct Answer: First Amendment

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_____ is insulting words causing a breach of the peace.

Answer

Correct Answer: Fighting words

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Is ex post facto law a law declaring an act criminal following the commission of the act?

Answer

Correct Answer: True

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_____ is known as the Fifth and Fourteenth Amendments to the U.S. Constitution guarantee individuals equal protection of the law.

Answer

Correct Answer: Equal protection

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_____ is defined as an amendment to the U.S. Constitution that prohibits cruel and unusual punishment.

Answer

Correct Answer: Eighth Amendment

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_____ is the Fifth and Fourteenth Amendments to the U.S. Constitution guarantee individuals due process of law. The Fourteenth Amendment Due Process Clause incorporates most of the protections of the Bill of Rights.

Answer

Correct Answer: Due Process Clause

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Is constitutional democracy a constitutional system that limits the powers of the government?

Answer

Correct Answer: True

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_____ is known as first ten amendments to the U.S. Constitution.

Answer

Correct Answer: Bill of Rights

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_____ is defined as a legislative act directed against an individual or group of individuals imposing punishment without trial.

Answer

Correct Answer: Bill of attainder

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Ex post facto laws are legislative acts that punish an individual or group of persons without the benefit of a trial.

Answer

Correct Answer: False

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Which of the following cases held unconstitutional an Illinois flat ban on carrying a loaded firearm within accessible reach outside the home?

Answer

Correct Answer: Moore v. Madigan

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Which of the following is not a constitutional constraint?

Answer

Correct Answer: Right to a speedy trial

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A ______ is a legislative act that punishes an individual or group of persons without the benefit of a trial.

Answer

Correct Answer: Bill of attainder

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Due process ensures clarity in criminal statutes.

Answer

Correct Answer: True

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Statutes are not a threat to a democratic system simply because they allow trial judges to express discretion when deciding cases.

Answer

Correct Answer: False

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The constitutional law against ______ are based on the notion in providing individuals notice of criminal conduct and protecting individuals against “after the fact” statutes.

Answer

Correct Answer: Ex post facto laws

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The majority of the first ten amendments now apply to the state governments as well as the federal government by means of ______.

Answer

Correct Answer: Incorporation

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Criminal statutes do not make distinctions based on factors such as age, race, and gender.

Answer

Correct Answer: False

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Which of the following matters is not protected by the right to privacy?

Answer

Correct Answer: Child care

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