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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 computer-generated 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 clause
b. free exercise clause
c. separation of parochial and secular schools
d. "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 test
b. rational basis test
c. strict scrutiny test
d. 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 court
b. members of the Executive branch
c. public employees
d. 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:
Even after Lincoln issued the Emancipation Proclamation, slavery remained entrenched in the states.
Q:
Rights and privileges are both legally protected.
Q:
Affirmative action programs were created to spread equal opportunities throughout the diverse American population.
Q:
Unintentional acts of employment discrimination based on race, color, sex, religion, or national origin are prohibited by Title VII of the Civil Rights Act.
Q:
The Thirteenth Amendment granted citizenship to the freed slaves.
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:
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:
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:
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. Madison
b. Dred Scott v. Sanford
c. Regents of the University of California v. Bakke
d. 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:
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:
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:
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:
Discuss the difference between prejudice and discrimination and give examples of each.
Q:
Explain the events leading up to the passage of the Thirteenth Amendment and how effective it was.
Q:
Describe what affirmative action programs are, where they are used, and discuss whether you feel they are effective. Are they appropriate? Are they fair?
Q:
Explain what the Fourteenth Amendment did and its effect on all U.S. citizens.
Q:
Discuss what alleged racial disparities exist within our criminal justice system.
Q:
The contention that police single out subjects based solely on the color of their skin frequently leads to allegations of __________.
Q:
The incorporation doctrine is also known as the doctrine of __________ incorporation.
Q:
In Dred Scott v. Sanford, the Supreme Court ruled that even ________________ could not be citizens and they had "no rights which a white man was bound to respect."
Q:
________________ segregated blacks from whites in schools, restaurants, and even cemeteries.
Q:
_____________ is an attitude; discrimination is a behavior.
Q:
After the Civil War, many southern states continued discrimination by passing ______________ which forbade blacks to vote, serve on juries, hold certain jobs, move freely, own firearms, or gather in groups.
Q:
The __________guarantees that states shall not deny any person due process nor equal protection of the laws.
Q:
_____________ programs are sometimes referred to as ethnic-preference or gender-preference programs.
Q:
The __________ is the belief that through hard work anyone can have success and ample material possessions.
Q:
In the Brown decision, the Supreme Court ruled that "separate but equal" _______ were illegal.
Q:
The Equal Protection Clause prohibits discrimination in jury selection only when it is based on race.
Q:
Reverse discrimination consists of giving preferential treatment in hiring and promoting women and minorities to the detriment of white males.
Q:
Jim Crow laws emerged across the south following the Supreme Court's ruling in Plessy v. Ferguson (1896).
Q:
The Bill of Rights was originally meant to apply only to the states, not the national government.
Q:
Full due process rights are afforded to inmates in prison disciplinary proceedings.
Q:
Explain what it means to shepardize a case and why it is important.
Q:
According to the author, what are the three skills required to read a case?
Q:
List the six sections suggested for how to brief a case.
Q:
List and describe the various components of a legal opinion.
Q:
Explain the difference between primary and secondary information sources, citing examples of each.
Q:
___________ information is only one part of information literacy; evaluating the validity of the information is also required.
Q:
The __________ is an invaluable tool in researching the law and has made the law more readily accessible to the people it is intended to serve.