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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 ____________ Amendment gave the vote to black males.
a. Fifteenth
b. Nineteenth
c. Twenty-First
d. Twenty-Third
Q:
The ____________ Amendment lowered the voting age to 18.
a. Twenty-Sixth (1971)
b. Nineteenth (1920)
c. Twenty-Seventh (1992)
d. Twenty-Second (1951)
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 federal income tax was established in the:
a. Fifteenth Amendment
b. Sixteenth Amendment
c. Seventeenth Amendment
d. Eighteenth Amendment
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:
The United States Supreme Court struck down the portion of the Brady Bill which compelled local law enforcement to perform background checks on handgun applicants, holding the requirement violated:
a. the right to privacy.
b. separate state sovereignty
c. the commerce clause.
d. the Fourth Amendment.
Q:
The Supreme Court failed to uphold the right to sexual privacy in:
a. United States v. Darby
b. Bowers v. Hardwick
c. Colgrove v. Batten
d. McCulloch v. Maryland
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:
In ____________, the Supreme Court upheld the Fair Labor Standards Act of 1938.
a. United States v. Darby
b. Bowers v. Hardwick
c. Olmstead v. United States
d. McCulloch v. Maryland
Q:
Control of the press during the Persian Gulf War was:
a. absolute.
b. close to 100 percent.
c. fairly lax.
d. nonexistent.
Q:
The ____________ was designed in response to fear of a national government with too much power which was, at the time, considered to be the greatest threat to liberty.
a. Eleventh Amendment
b. Fourteenth Amendment
c. Tenth Amendment
d. Twelfth Amendment
Q:
The Fourteenth Amendment:
a. guarantees equal protection of the laws.
b. abolished slavery.
c. allows free travel throughout the nation.
d. granted the right to vote to freed male slaves.
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 Thirteenth Amendment:
a. overturned the Dred Scott decision and prohibits slavery.
b. outlines the structure of the federal judiciary.
c. established how representatives are apportioned and what their qualifications are..
d. prohibited the sale and purchase of intoxicating liquors.
Q:
The _______ Amendment has never been subjected to Supreme Court review.
a. Third
b. Seventh
c. Ninth
d. Tenth
Q:
Selective incorporation is:
a. incapable of precise constitutional definition.
b. the concept used to apply certain amendments to state government.
c. outlined in the Fourteenth Amendment.
d. the means by which the Constitution applies to the states.
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:
The powers of the national government, both enumerated and implied, are known as the:
a. delegated powers
b. reserve powers
c. primary powers
d. federalist powers
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:
Which of the following is not an "unenumerated" right?
a. privacy
b. interstate and international travel
c. freedom of association
d. freedom of assembly
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:
The powers kept by the states under the Tenth Amendment are known as:
a. delegated powers
b. reserve powers
c. primary powers
d. secondary powers
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:
In Griswold v. Connecticut, Justice Douglas stated that the various Bill of Rights guarantees--such as those contained in the Third, Fourth, and Fifth Amendments--created areas of life safe from government intrusion known as:
a. emanating liberties
b. specific rights
c. zones of privacy
d. havens of liberty
Q:
The concept of balanced government being so important to the states, the only amendment agreed upon by all the states recommending a Bill of Rights was the:
a. Third Amendment
b. Seventh Amendment
c. Ninth Amendment
d. Tenth Amendment
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 ____________ Amendment has been used by the Supreme Court to infer the right to privacy.
a. Third
b. Seventh
c. Ninth
d. Tenth
Q:
Rights not specifically listed in the Bill of Rights:
a. are considered not to exist.
b. are called unenumerated rights.
c. cannot be the basis of a Supreme Court appeal..
d. can only be asserted when no other rights are similar.
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:
The Ninth Amendment deals with the concept(s) of:
a. due process.
b. suits at common law.
c. enumeration of certain rights.
d. federalism.
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:
The Constitution gives Congress the power to make laws to carry out its enumerated powers through the:
a. supremacy clause
b. federal powers doctrine
c. necessary and proper clause
d. due diligence doctrine
Q:
The Third Amendment:
a. addresses suits at common law.
b. deals with lawsuits exceeding $20.
c. prohibits the quartering of soldiers in homes during times of peace.
d. has been challenged numerous times throughout the history of America.
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:
Discuss the significance of the Seventh Amendment.
Q:
Explain the significance of the Ninth Amendment relative to federal power.
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:
Discuss Prohibition, including its origin and demise and what occurred in between. Relate this to the Harrison Act making certain drugs illegal to sell or possess.
Q:
Explain the purpose of bail, who is eligible for it, and the criteria considered when calculating the appropriate amount of bail.
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:
Explain asset forfeiture. Why is it considered in a discussion of the Eighth Amendment?
Q:
Describe the rights protected by the Eighth Amendment and which, if any, have been incorporated to apply to the states.
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:
Discuss capital punishment in the United Statesits history, how the Supreme Court has viewed it, and how and on whom it may be carried out.
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:
Discuss the Eighth Amendment rights often claimed by prisoners, citing examples.
Q:
According to the Eighth Amendment, bail shall not be ___________.
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:
The percentage of _______ who have been executed far exceeds their proportion of the general population.
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:
A ____________ trial is required for death penalty cases.
Q:
According to the Eighth Amendment, punishment shall not be ______________.
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 capital case in which the death penalty might be involved requires two proceedings, one to determine guilt, and one to determine ______________.
Q:
The Supreme Court has held that forfeiture is not double jeopardy because it is a ____________ action.
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:
The seizure of property connected with illegal activity is known as ____________.
Q:
Denying bail on the basis of danger to the community or of risk to not appear at trial is known as ____________.
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.