Practice Exam I Answers

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24

Responding to a noise complaint called in by a neighbor, two police officers arrive at an apartment. An adult woman answers the door while an adult man sits on a sofa. A handgun and drug paraphernalia are in plain sight on a coffee table. The man shouts, "You can’t come in here! Let me see your warrant!” and issues a verbal threat to harm the officers, but does not reach toward the handgun. Police later discover that the handgun had been reported stolen during a recent robbery.

A
The man exercised freedom of speech protected by the First Amendment when he threatened the officer.
B
The man was entitled to possess the handgun because of his Second Amendment right to bear arms.
C
The police had no right to enter because of Fourth Amendment protections from unreasonable searches and seizures.
D
The man can avoid giving self-incriminating testimony by exercising his Fifth Amendment rights during his subsequent trial.
25

A woman is pulled over for speeding. The car she is driving was reported stolen in the neighboring state. She is arrested, extradited, and tried for grand theft auto. During her trial, her lawyers call a witness to provide her with an alibi for the time the car was stolen. The lead police investigator and prosecuting lawyer are convinced she is guilty, but the jury believes her alibi and acquits her of the crime.

A
She had the right to a speedy and public trial by an impartial jury.
B
She had the right to be tried in the state where the car was stolen.
C
She had the right to avoid rearrest and retrial for the same crime once acquitted by the jury.
D
She had the right to have a witness subpoenaed to testify on her behalf to provide her alibi.
26

Refer to the passage.If the culpability [responsibility] of the average murderer is insufficient to justify the most extreme sanction available to the State, the lesser culpability of the mentally retarded offender surely does not merit that form of retribution. . . .. . . It is the same cognitive and behavioral impairments that make these defendants less morally culpable—for example, the diminished ability to understand and process information, to learn from experience, to engage in logical reasoning, or to control impulses—that also make it less likely that they can process the information of the possibility of execution as a penalty and, as a result, control their conduct based upon that information. . . .. . . We are not persuaded that the execution of mentally retarded criminals will measurably advance the deterrent or the retributive purpose of the death penalty. . . . In the light of our "evolving standards of decency,” we therefore conclude that such punishment is excessive and that the Constitution "places a substantive restriction on the State’s power to take the life” of a mentally retarded offender.–Supreme Court ruling, Atkins v. Virginia, (2002)

A
The death penalty is cruel and unusual punishment, and is therefore unconstitutional.
B
The death penalty does not serve the interest of maintaining public safety, and is therefore unconstitutional.
C
The death penalty serves the interest of maintaining public safety, but violates the individual rights of certain persons.
D
The death penalty serves the interest of maintaining public safety, and is therefore justified as the most extreme punishment available to the state.
27

Refer to the passage.If the culpability [responsibility] of the average murderer is insufficient to justify the most extreme sanction available to the State, the lesser culpability of the mentally retarded offender surely does not merit that form of retribution. . . .. . . It is the same cognitive and behavioral impairments that make these defendants less morally culpable—for example, the diminished ability to understand and process information, to learn from experience, to engage in logical reasoning, or to control impulses—that also make it less likely that they can process the information of the possibility of execution as a penalty and, as a result, control their conduct based upon that information. . . .. . . We are not persuaded that the execution of mentally retarded criminals will measurably advance the deterrent or the retributive purpose of the death penalty. . . . In the light of our "evolving standards of decency,” we therefore conclude that such punishment is excessive and that the Constitution "places a substantive restriction on the State’s power to take the life” of a mentally retarded offender.–Supreme Court ruling, Atkins v. Virginia, (2002)

A
The death penalty serves as retribution for the most heinous crimes.
B
The death penalty demonstrates governmental authority as the most extreme punishment available.
C
The possibility of receiving the death penalty deters criminals from committing the most heinous crimes.
D
The death penalty is an unconstitutional and excessive punishment, given American society’s evolving views of decency.
28

Recent media coverage of high-profile cases of sexual discrimination, sexual harassment, and sexual assault against women has revived national interest in the passage of an equal rights amendment stating, "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”

A
The passage of an equal rights amendment would not eliminate a gender wage gap.
B
The 14th Amendment already provides equal protection of the laws to women.
C
The 19th Amendment already provides women all rights and privileges entitled to men.
D
Women in the armed services would be required to serve in combat roles in numbers equal to men.
30

Which of the following is a consequence of selective incorporation?

A
The states were forced by the Supreme Court to amend their constitutions.
B
The Supreme Court established judicial review over interpreting the Bill of Rights.
C
The federal government and the states resolved their disagreements about federalism.
D
States are now responsible for the ongoing process of ensuring many civil liberties guaranteed by the Bill of Rights.
31

An American city has a high crime rate. A citizen of that city wants to own a firearm so he can protect his property. The city does not allow residents to own certain types of firearms. The citizen files suit, claiming that his right to own a firearm is protected by the Bill of Rights. The Supreme Court rules in favor of the citizen and strikes down the city’s ban on certain types of firearms.

A
The city was unable to ban firearms because it lacked the power of a state.
B
The Supreme Court ruled that the Second Amendment is enforceable upon the states.
C
The citizen was successful because he argued that the city was discriminating against him.
D
The federal statutes on firearms took precedence over stricter state and city laws that limited ownership.
32

Before the American Revolution, the American colonies were ruled by Great Britain. Great Britain’s king and Parliament made and enforced laws for the colonies. After declaring independence, the new American states altered their form of government.

A
The American colonial government went from an absolute monarchy to a limited monarchy.
B
Great Britain governed by dictatorship until the colonies formed a republic after the war.
C
Great Britain controlled the colonies through a limited monarchy until they became a republic.
D
The American colonies were ruled by a monarchy and then became a parliamentary democracy.
33

During an international summit, the US president signs a diplomatic agreement with a foreign dictator. The two leaders write the agreement during the summit, and both sign it before they leave.

A
The president may decide not to uphold the agreement.
B
The agreement may be unenforceable if the Senate refuses to ratify it.
C
The dictator may withdraw from the agreement.
D
The president’s agreement may not survive review by the Supreme Court.
34

California voters are unhappy with the job performance of their current governor. Concerned citizens start a movement to recall the governor, and they successfully force a new gubernatorial election. Virginia voters are inspired by the movement in California, but Virginia does not allow recalls. Instead, Virginia residents start a mass protest movement against the governor.

A
California’s laws include some elements of direct democracy, whereas Virginia’s do not.
B
California is a newer state than Virginia, so it has more democratic methods in its constitution.
C
California has a history of removing unpopular governors, whereas Virginians have never done so.
D
California’s population is much greater than Virginia’s, so popular action in California is more powerful.
35

Refer to the chart.Which of the following statements explains Americans’ views on government regulation of the economy?

Question illustration
A
Independents, moderate Democrats, and moderate Republicans had similar views on economic regulation.
B
Independents, Democrats, and Republicans generally had similar views on the government’s intervention in the economy.
C
Republicans’ and Democrats’ views on government intervention in the economy were increasingly polarized compared to previous periods.
D
Leading up to the 2012 election, support for government intervention in the economy decreased among independents, Republicans, and Democrats.
36

Refer to the chart.How did the opinions of Republicans, Democrats, and independents compare regarding government regulation of the economy?

Question illustration
A
All three groups’ support for government regulation of the economy decreased over time.
B
Republicans and Democrats strongly believed in government regulation of the economy, whereas independents did not.
C
Democrats and Republicans held more polarized views on the subject than they had in the past.
D
Liberal Democrats’ and conservative Republicans’ opinions changed more over time than moderates’ opinions did.
37

A senator wants to know how the general public feels about a specific bill that has been proposed in Congress. The senator chooses to pay a major university to conduct a random telephone poll.

A
A major university will be perceived as being neutral on the issue.
B
A major university will have the resources to conduct an accurate survey.
C
A random telephone poll will reach the widest number of people to ensure a large enough sample size.
D
A random telephone poll will yield the most accurate information that will be reflected in future elections.
38

Which of the following questions is the best example of an unbiased poll question?

A
Do you categorize yourself as pro-choice or pro-life?
B
Do you think that concerned fliers should submit to security checks at airports?
C
How satisfied or dissatisfied are you with the service of your state representative?
D
Do you believe that automobile manufacturers should be required to limit air pollution?
39

Which of the following scenarios illustrates an example of a change in American political culture leading to a change in policy?

A
A legislator resigns from his congressional seat after evidence of corruption is disclosed in the national media, and a special election is scheduled.
B
The control of both houses of Congress switches from the Republicans to the Democrats after the midterm elections, resulting in new environmental legislation.
C
The creation of a new political party allows people to voice their concerns about important policy decisions that are not a priority to the current major political parties.
D
A state allows for early voting up to three weeks prior to the election, and opens facilities during evenings and weekends, to address concerns of voter suppression among disadvantaged groups.
40

Refer to the chart.Which of the following proposed pieces of legislation do the data indicate the public would be most likely to support?

Question illustration
A
Patriotic displays conducted by private corporations shall be a protected form of free speech.
B
Private corporations that fire employees for participating in peaceful protests shall not be sued by the employees.
C
Peaceful protests by employees shall be acceptable only in facilities and operated by government entities.
D
Employees’ free speech rights shall be protected, whether the speech is conducted at their place of business or outside of their place of business.

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