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Constitutional Law
Q:
In Virginia v. Black, the Supreme Court ruled the singular act of cross burning was not a form of free speech protected by the First Amendment.
a. True
b. False
Q:
Many states apply a higher fighting words standard to law enforcement officers because they are expected to exercise a higher degree of restraint than the average citizen.
a. True
b. False
Q:
The first guarantee to be made applicable to the states through incorporation was:
a. freedom of religion.
b. freedom to assemble.
c. freedom of speech.
d. freedom of the press.
Q:
Standards to define obscenity were set forth in:
a. Near v. Minnesota.
b. the Zenger case.
c. Edwards v. City of Goldsboro, NC.
d. Miller v. California.
Q:
The Supreme Court held that obscenity is not a constitutionally protected form of free speech in:
a. Near v. Minnesota.
b. Cohen v. Cowles Media Company.
c. Roth v. United States.
d. the Zenger case.
Q:
The Supreme Court placed restrictions on the censorship of inmate mail in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
Q:
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
Q:
The establishment clause of the First Amendment sets forth all of the following, except:
a. Congress shall make no law respecting an establishment of religion.
b. Congress is prohibited from establishing a national church.
c. Congress may establish a national church if three-fourths of the states vote to ratify.
d. government cannot show preference to any particular religion.
Q:
The Supreme Court justified the screening of inmate mail in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
Q:
"Whether the gravity of the evil discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger" is called the:
a. clear and probable danger test
b. clear and present danger test
c. imminent lawless action test
d. imminent probable danger test
Q:
Freedom of the press was made binding on the states through the Fourteenth Amendment in Near v. Minnesota (1931), in which the Supreme Court ruled that:a. no newspaper could be banned because of its contents, regardless how scandalous.b. obscenity is not a constitutionally protected form of speech.c. government may halt publication of books that endanger national security.d. the press has no constitutional right to disregard promises of confidentiality.
Q:
Religious freedom includes all of the following, except:
a. the freedom to worship.
b. freedom to print instructional material.
c. freedom to train teachers.
d. prayer conducted in public schools.
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:
In order for speech to be considered obscene, and thus not protected by the First Amendment, it must be all of the following except:
a. the work arouses erotic sexual interest.
b. the work taken as a whole appeals to the prurient interest in sex.
c. it portrays sexual conduct in a patently offensive way.
d. the work taken as a whole does not have a serious literary, artistic, political or scientific value.
Q:
The Smith Act (1940):
a. banned nude dancing.
b. made it unlawful to advocate overthrowing the government by force.
c. established national standards for obscenity.
d. established the "clear and probable danger" test.
Q:
The Supreme Court ruled that cities may not prohibit yard signs in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
Q:
The Supreme Court struck down a law banning computergenerated or "virtual" child pornography in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
Q:
Judicial activism is:
a. unconstitutional.
b. when judges interpret the Constitution and its amendments
c. a violation of due process.
d. all of the above.
Q:
Under the First Amendment, there is an absolute freedom to:
a. speak
b. act
c. protest
d. believe
Q:
Control of the press during the Persian Gulf War was:
a. absolute.
b. close to 100 percent.
c. fairly lax.
d. nonexistent.
Q:
Which of the following is not subject to regulation by the state to protect societal interests under the free exercise clause?
a. Performance of autopsies.
b. Requiring Boy Scouts to promise to "Love God."
c. Requiring Amish to put orange reflectors on their buggies.
d. Ingestion of illegal drugs in religious ceremonies.
Q:
The right to peaceful assembly:
a. permits anyone to enter private property to assert protected speech.
b. involves the right to assemble in public places.
c. permits demonstrations on the property of private abortion clinics.
d. cannot be restricted under any circumstances.
Q:
The "Lemon" test regarding separation of church and state required that any law challenged under the establishment clause must meet all of the following criteria, except:a. have a primary secular purpose.b. have a principle effect that neither advances nor inhibits religion.c. have a principle effect that either advances or inhibits religion.d. not generate excessive entanglement between government and religion.
Q:
The Espionage Act, passed by Congress in 1917:
a. empowered the President to expel "dangerous aliens."
b. made it illegal to interfere with recruiting or drafting soldiers or any act that adversely affected military morale.
c. made it illegal to write or speak "with the intent to defame" the government.
d. made it illegal to provide material support to terrorist organizations.
Q:
Freedom of the press protects:
a. the right to publish information without governmental control.
b. magazine publishers from being told they can"t print obscene material.
c. the public from the publication of offensive material.
d. press premises from being searched by law enforcement.
Q:
In Everson v. Board of Education (1947), the Supreme Court cited Thomas Jefferson, stating that the _____ was intended to erect a "wall of separation between Church and State."a. establishment of religion clauseb. free exercise clausec. separation of parochial and secular schoolsd. "excessive entanglement" test
Q:
Hamilton v. Regents of the University of California (1934), involving compulsory military training, was one of the earliest cases regarding:
a. freedom of the press.
b. freedom of religion.
c. freedom of speech.
d. freedom to assemble.
Q:
The Supreme Court upheld prison regulations that are "reasonably related to legitimate penological interests" using the:a. clear and present danger testb. rational basis testc. strict scrutiny testd. clear and probable danger test
Q:
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:
Which of the following is a permissible restriction on speech?
a. Defamation.
b. Political rhetoric
c. Criticism of the government
d. Depictions of animal cruelty
Q:
Protected forms of speech include all of the following, except:
a. burning the American flag.
b. protesting abortion clinics.
c. advocating the violent overthrow of the government.
d. swearing at a law enforcement officer.
Q:
The First Amendment specifically prohibits Congress from making any laws that restrict freedom of religion, speech, press, assembly, and:
a. privacy.
b. to petition the government.
c. the presumption of innocence.
d. travel.
Q:
The landmark case in the issue of affirmative action is:
a. United Steelworkers of America v. Weber (1979).
b. Regents of the University of California v. Bakke (1978).
c. United States v. Paradise (1987).
d. Fullilove v. Klutznick (1980).
Q:
Women were granted the right to vote:a. through the Emancipation Proclamation.b. 50 years before discrimination based on race was prohibited. c. at the same time discrimination based on race was prohibited. d. 50 years after discrimination based on race was prohibited.
Q:
Inmates can sue for violation of their constitutional rights under:
a. USC Section 1983
b. the Civil Rights Act of 1964
c. the Prisoner's Rights Act of 1992
d. the Due Process Act of 1978.
Q:
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
b. Congress
c. Section 287(g) of the Immigration and Nationality Act
d. The Department of Justice
Q:
Amenities such as cable television in prison are considered to be inmate:
a. pampering.
b. privileges.
c. rights.
d. sanctions.
Q:
Prejudice is:
a. an attitude.
b. punishable by law.
c. a behavior.
d. deemed unconstitutional under the Fourteenth Amendment.
Q:
The section of the Civil Rights Act prohibits intentional acts of employment discrimination based on race, color, religion, sex, and national origin is:
a. USC Section 1983
b. Title VII
c. Section 287(g)
d. Title IX
Q:
The Court's 1964 ruling in Cooper v. Pate held that:
a. inmates retained all of their civil rights.
b. inmates lost all of their civil rights.
c. inmates could sue the warden for deprivation of basic rights.
d. discarding inmates' petitions to the court was unconstitutional.
Q:
State constitutions serve all of the following purposes except to:
a. impose limitations on the exercise of state government's power.
b. affirm the existence of certain powers.
c. establish the supremacy of the state constitution over all federal laws and actions.
d. establish the organization of a state's governing bodies.
Q:
In which case did the plaintiffs claim that they were being denied their right to equal protection of the law and that the laws of "separate but equal" were, in fact, not equal?a. Marbury v. Madisonb. Dred Scott v. Sanfordc. Regents of the University of California v. Bakked. Brown v. Board of Education of Topeka
Q:
A major issue facing the criminal justice system today is the growing population of and rising crime rates associated with:
a. juveniles
b. crack dealers
c. illegal immigrants
d. organized biker gangs.
Q:
The Constitution was originally drafted to limit the power of:
a. the federal government.
b. governments of the 13 independent colonial states.
c. British rule over the colonies.
d. Congress.
Q:
Plessy v. Ferguson held that:
a. our Constitution must be color blind.
b. discrimination was outside the realm of the Court.
c. it is up to legislation to eradicate prejudice.
d. the economic cost of segregation would be staggering.
Q:
Which of the following amendments has most recently been held applicable to the states?
a. Second Amendment right to bear arms.
b. Fifth Amendment guarantee of criminal prosecution only on a grand jury indictment.
c. Seventh Amendment guarantee of a jury trial in a civil case.
d. Fourth Amendment right against unreasonable searches and seizures.
Q:
Discrimination is:
a. an attitude.
b. not punishable by law.
c. a behavior.
d. an unconscious bias learned through socialization.
Q:
Perhaps one of the most fundamental constitutional rights of prisoners is:
a. access to the courts
b. freedom of religion
c. due process in disciplinary hearings
d. freedom of speech
Q:
The Supreme Court ruling in United States v. Virginia, which held that exclusion of females was unconstitutional, involved denial of admission to a:
a. medical school.
b. golf tournament.
c. NASA astronaut training program.
d. military institute.
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
b. The equal justice clause
c. The selective preemption doctrine
d. The civil liberties proclamation
Q:
Sentencing guidelines have reduced:
a. racial disparity.
b. ethnic disparity.
c. death sentences.
d. sentence disparity.
Q:
A situation in which racial minorities are treated more harshly at some points and in some places in the criminal justice system, but no differently than whites at other points and in other places best describes:
a. pure discrimination.
b. systematic discrimination.
c. contextual discrimination.
d. discretionary discrimination.
Q:
The Court acknowledged that virtual exclusion of African-Americans from juries constituted an equal protection violation in:
a. Adarand v. Pena.
b. Norris v. Alabama.
c. Swain v. Alabama.
d. Batson v. Kentucky.
Q:
Title VII prohibits policies or practices that are not intended to discriminate but, in fact, have a disproportionately negative effect on minorities, also known as:
a. disparate treatment.
b. disparate impact.
c. reverse discrimination.
d. preemption.
Q:
Which of the following was not one of the pressing issues that led to the Civil War?
a. state banks and money versus national banks and currency.
b. freedom versus slavery in the territories.
c. federal aid versus state aid for improving highways and railways.
d. racial segregation in the South.
Q:
Which of the following has not been enacted to outlaw discrimination?
a. the Civil Rights Act.
b. the Equal Rights Amendment.
c. the Voting Rights Act.
d. the Equal Pay Act.
Q:
The fundamental provisions of the Bill of Rights have been applied to the states through the process of:
a. stare decisis
b. judicial activism
c. summary judgment
d. selective incorporation
Q:
"Due process of law" means:
a. all state citizens have the right to a grand jury indictment.
b. fairness of government actions.
c. states must treat all citizens equally.
d. federal law cannot usurp state rights.
Q:
The case of Dred Scott v. Sandford held that:
a. blacks had equal rights with whites.
b. the concept of "separate but equal" was unconstitutional.
c. freed slaves did not have the right to remain free in territory where slavery was still legal.
d. states could determine whether ex-slaves could be citizens.
Q:
After the Plessy decision, the concept of "separate but equal" became entrenched in the Southern states through the enactment of:
a. the Civil Rights Act of 1964.
b. school desegregation.
c. Jim Crow laws.
d. the Fourteenth Amendment.
Q:
Among other things, the Fourteenth Amendment:
a. permitted blacks to be citizens of the United States.
b. permitted states to determine the citizenship status of blacks.
c. abolished slavery in the territories.
d. overturned the Emancipation Proclamation.
Q:
The Thirteenth Amendment:
a. deals with the right to due process of law.
b. abolished slavery.
c. established prohibition.
d. guarantees equal protection.
Q:
Enumerated rights are typically examined by the Supreme Court using a. intermediate scrutiny.b. rational basis.c. deliberative response. d. strict scrutiny.
Q:
Is there such a thing as reverse discrimination? If so, is it really necessary?
Q:
If the death penalty is twice as likely to be imposed on an African-American defendant convicted of the same crime as a Caucasian-American, do you think this is grounds to examine the sentences for discrimination? What, if anything, can be done about such results?
Q:
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?
Q:
Should a person's race, religion, or ethnicity ever be used as a basis for law enforcement action? Why or why not?
Q:
Assume that police suspect Anne Smith of murder and they had DNA evidence at the crime scene that likely belongs to the killer. Law enforcement does not have adequate probable cause to obtain a search warrant to acquire Ms. Smith to produce a DNA sample, but they do know that her brother does not like his sister and would gladly provide a familial DNA sample if asked. DNA samples of people who are related are likely to contain similarities. If the police obtain a DNA sample from her brother even though they have insufficient evidence to implicate Ms. Smith, explain why this procedure might concern civil rights advocates.
Q:
The ultimate importance of this case is that the Supreme Court will recognize unenumerated rights within the Due Process Clause. a. Dred Scottb. Griswoldc. Plessy v. Fergusond. Washington v. Glucksberg
Q:
The Supreme Court has found areas into which the government may not intrude known as a. zones of privacy.b. unenumerated rights.c. due process controlled areas. d. none of the above.
Q:
The Griswold case revived interest in which type of rights?a. fundamentalb. unenumerated c. substantived. enumerated
Q:
When a court is determining the amount of procedural due process owed an individual, it will look at:a. the significance of the affected interest.b. whether additional safeguards would reduce the risk of error. c. the public interest in resolving the matter efficiently.d. all of the above
Q:
When procedural due process is applied to property interests, a person must be given notice of the deprivation but not a reasonable opportunity to be heard.
a. True
b. False
Q:
Due process procedural safeguards can be found in both the Fifth and 14th Amendments. a. Trueb. False
Q:
In Adamson v. California, Justice Black wrote that the 14th Amendment required total incorporation of the Bill of Rights. a. True b. False
Q:
The Supreme Court has developed a series of fundamental rights not specifically enumerated in the Bill of Rights using the incorporation doctrine.a. Trueb. False
Q:
How law is carried out to ensure guaranteed rights of fairness is known as the incorporation doctrine. a. Trueb. False
Q:
Under the Constitution, laws themselves must be fair to be consistent with _________________.
Q:
Similarly situated people are treated in similar ways under the law under ________________.
Q:
The government is prohibited from unfairly or arbitrarily denying a citizen fundamental or constitutionally protected rights under _____________.