Chapter Review
Chapter 41:
Due Process
Practice Test
1.
In 1850, a state took the property of one of its citizens without fair procedures. This would __________.
a.
violate the Fifth Amendment due process
b.
not violate the Fifth Amendment because the Fifth Amendment didn't apply to state government at that time
c.
violate the Fourteenth Amendment due process
d.
not violate the Fourteenth Amendment due process because the Fourteenth Amendment didn't apply to state government at that time
2.
Substantive due process means that the government must __________.
a.
use fair procedures before taking away life, liberty, or property
b.
give notice before taking away life, liberty, or property
c.
give a person an opportunity to be heard before taking away life, liberty, or property
d.
not pass laws affecting certain areas of life
3.
Today, in examining whether economic laws comply with substantive due process, courts will determine whether the law __________.
a.
has a rational relationship to its legislative purpose
b.
is treating the property rights of businesses unfairly
c.
could be written in a less restrictive way to accomplish the legislative purpose
d.
could be written in more economical terms
4.
In the first third of the twentieth century, when courts examined whether economic laws complied with substantive due process, they determined whether the law __________.
a.
had a rational relationship to its legislative purpose
b.
treated the property rights of businesses unfairly
c.
could have been written in a less restrictive way to accomplish the legislative purpose
d.
could have been written in more economical terms
5.
When social welfare and economic laws have an impact on fundamental rights, the laws __________.
a.
will automatically be struck down
b.
will be struck down if the government lacks a strong enough reason to uphold them
c.
will be upheld in each instance
d.
will be upheld if there is a rational relationship to their legislative purposes
6.
The due process procedures that are required in specific situations depend on all of the following factors EXCEPT __________.
a.
the seriousness of the harm that might be done
b.
the risk of making an error without the procedures
c.
the time and money spent by the government to carry out the procedures
d.
balancing of the cost of an attorney to the harm that might be done
7.
Which situation would require the least due process?
a.
death penalty
b.
life imprisonment
c.
forfeiture of one's home
d.
loss of fishing license
8.
Due process procedures may include all of the following EXCEPT __________.
a.
hearing before an impartial decisionmaker
b.
representation by an attorney
c.
ability to call witnesses
d.
fair coverage in the media
9.
Lawful permanent residents who have been convicted of certain crimes and served their time __________.
a.
may be detained while the government considers deportation only after a due process hearing
b.
may be detained without a hearing while the government decides whether to deport them
c.
have the same rights as citizens
d.
may not be detained for any reason
10.
Students who are suspended from public schools for 10 days or less are entitled to all of the following rights EXCEPT __________.
a.
an oral or written notice of the charges
b.
an explanation of the evidence against them
c.
the right to an attorney
d.
an opportunity to present their side of the story
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Chapter Overview
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Chapter Reviews
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