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Question
Of the following statements about dissenting opinions, all are accurate except:a. They carry no legal authority.
b. They date to the King's Bench of Great Britain in 1792.
c. They are often used in hope of influencing future decisions.
d. They carry the same legal authority as the majority opinion.
Answer
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Related questions
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Government's restriction of the press through use of prior restraint is rare in the United States and most other democratic countries.a. Trueb. False
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In the case of Texas v. Johnson (1989), the Supreme Court ruled: "If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." This case involved:
a. child pornography
b. flag burning
c. cross burning
d. nude dancing
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The Supreme Court justified the screening of inmate mail in:
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b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
Q:
Which of the following is not part of the threepart test in determining "imminent lawless action"?
a. The speaker subjectively intended incitement.
b. In context, the words used were likely to produce imminent, lawless action
c. the words used by the speaker objectively encouraged and urged incitement.
d. the words used by the speaker caused excitement.
Q:
The Supreme Court ruled that cities may not prohibit yard signs in:
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Q:
The right to peaceful assembly:
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Q:
Freedom of the press protects:
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c. the public from the publication of offensive material.
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As _________, law enforcement officers' speech is protected by the First Amendment only if it is a matter of public concern or unrelated to employment.a. officers of the courtb. members of the Executive branchc. public employeesd. private citizens
Q:
The landmark case in the issue of affirmative action is:
a. United Steelworkers of America v. Weber (1979).
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Q:
Inmates can sue for violation of their constitutional rights under:
a. USC Section 1983
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Delegation of federal immigration enforcement to state and local law enforcement agencies so they may assist in enforcing federal immigration laws is allowed by:
a. Section 1983 of the U.S. Code
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Amenities such as cable television in prison are considered to be inmate:
a. pampering.
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Q:
Perhaps one of the most fundamental constitutional rights of prisoners is:
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Q:
Which of the following holds that only the provisions of the Bill of Rights that are fundamental to the American legal system are applied to the states through the due process clause of the Fourteenth Amendment?
a. The incorporation doctrine
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Q:
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Assume a judge, legislator, or police officer is not prejudiced against minority groups, but they disproportionately punish minority groups through their rulings, laws, or enforcement policies. Should this unintended impact allow us to label the behavior discriminatory? Why or why not?
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The government is prohibited from unfairly or arbitrarily denying a citizen fundamental or constitutionally protected rights under _____________.
Q:
In 1863, President Lincoln declared free all the slaves in the rebelling states in the ____________________.
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Whether a trial is sufficiently speedy is determined by the length of the delay, the reason for the delay, ________________, and the harm caused.a. court review of the factsb. the prosecution's waiver of the rightc. the relevance of the delayd. the defendant's assertion of this right
Q:
The Supreme Court has interpreted the Sixth Amendment to mean that an accused has the constitutional right to counsel at:
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b. any critical stage, excluding post-trial appeals.
c. every critical stage after arraignment.
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Q:
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Q:
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a. the old Supreme Court chamber located in the U.S. Capitol.
b. an English court that tried people in secret with no regard to due process.
c. a group of highly revered lawyers who drafted the Sixth Amendment.
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Q:
The first prong of the two-pronged test to establish a claim of ineffective counsel requires the defendant to show:
a. representation falling below an objective standard of reasonableness.
b. representation whose incompetence "shocks the conscience."
c. representation falling below community standards of excellence.
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Assume that you were a member of a prosecution team that successfully convicted a man of premeditated murder 10 years ago. A new defense attorney for the convicted individual uncovers a witness statement in a case file that suggests that someone else, other than his client, might have committed the killings. The statement was accidentally filed in another case file with a felon with the same last name. An angry member of the victim's family just barged into your office after hearing about the new statement. What would you say?
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Perhaps the most important "speedy trial" issue is whether the defendant was unduly harmed by the delay.
a. True
b. False
Q:
Potential jurors are questioned by both sides to determine impartiality in a process called:
a. peremptory challenging
b. jury nullification
c. voir dire
d. habeus juris