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Law
Q:
Individual rights proponents claim that:
a. only military and law enforcement personnel have a right to possess firearms.
b. citizens should be permitted to possess only a single, individual weapon, not an entire arsenal.
c. the framers of the Constitution intended to preserve individual rights above state rights.
d. during national emergencies, individuals should be allowed to choose whether they want to keep and bear arms to help defend the country.
Q:
The law banning the manufacturing of 19 different semiautomatic guns with multiple assault-weapon features is the:
a. Violent Crime Control and Law Enforcement Act of 1994.
b. Brady Act.
c. Omnibus Crime Control and Safe Streets Act.
d. Federal Firearms Act.
Q:
To date, federal courts have held that the Constitution:
a. guarantees the absolute right of any American citizen to keep and bear arms.
b. still does not guarantee an absolute right to keep and bear arms.
c. is irrelevant in issues concerning private possession of firearms.
d. the federal courts have not addressed the Second Amendment.
Q:
Which of the following is not one of the disqualifying criteria under federal gun control laws?
a. Fugitive
b. Drug user
c. On terrorism watch list
d. Convicted felon
Q:
The first notable case involving the Second Amendment was the 1875 decision in:
a. Presser v. Illinois.
b. United States v. Miller.
c. United States v. Cruikshank.
d. Stevens v. United States.
Q:
The central controversy of the Second Amendment has been whether:
a. the government should be involved in regulating the militia.
b. the militia should consist of professional soldiers or volunteers.
c. people have a right to bear arms as individuals rather than only as part of a militia.
d. arms are necessary for the proper functioning of a militia.
Q:
The Southern Poverty Law Center documented a ____________ in the number of active Patriot groups in 2009.
a. 244 percent increase
b. 58 percent decrease
c. 24 percent increase
d. 44 percent decrease
Q:
A critical question regarding the interpretation of the Second Amendment is the definition of:
a. people.
b. a militia.
c. arms.
d. well-regulated.
Q:
In _______, a federal circuit court ruled in Stevens v. United States that there was no express Constitutional right of an individual to keep and bear arms.
a. 1801
b. 1871
c. 1921
d. 1971
Q:
Discuss how protestors are protected and restricted by the First Amendment.
Q:
Discuss the evolution of the "imminent lawless action" test.
Q:
Discuss the constitutionality of flag burning. Explain your feelings about this symbolic act and whether it should be constitutionally protected.
Q:
Discuss the delicate balance being struck by the Court in achieving the separation of church and state in schools.
Q:
Rank the four basic freedoms guaranteed by the First Amendment in descending order of importance to you, then explain why you rank them as you do.
Q:
Historically, freedom of the press has been attached to the general concept of __________.
Q:
The free exercise of religion involves both the freedom to believe and the freedom to ______.
Q:
Balancing society's need for law and order and for effective law enforcement against the ________________ of individuals is known as the balancing test.
Q:
The constitutionality of prison regulations that restrict prisoners' First Amendment rights are judged by using a ____________ test.
Q:
No rights are absolute, so government can regulate them when __________ outweigh those of the individual.
Q:
In determining when speech should not be protected, the courts replaced the clear and present danger test with the ____________ test.
Q:
The act making it illegal to provide material support to any group that has been designated by the Attorney General as a "foreign terrorist organization" is the ____________.
Q:
In upholding the free speech right of anonymous pamphleteering, the Supreme Court held that "Anonymity is a shield from the tyranny of the ______________."
Q:
The Religious Freedom Restoration Act of 1993 was declared __________ by the Supreme Court.
Q:
The First Amendment provision that prohibits the government from creating a national church is the ____________ clause.
Q:
Government's restriction of the press through use of prior restraint is rare in the United States and most other democratic countries.
Q:
In Virginia v. Black (2003), the Supreme Court held that a law banning cross burning as a hate crime itself is unconstitutional because the law presumes hate is the purposewithout more evidence, cross burning is deemed a protected form of speech.
Q:
The court has no duty to protect those who come before it from undue adverse publicity.
Q:
In the 1999 case of Chicago v. Morales, the Supreme Court upheld an "anti-loitering" ordinance, stating that the definition of illegal loitering as "to remain in any one place with no apparent purpose" was not unconstitutionally vague.
Q:
Any officer who speaks in public on an employment matter is not protected by the First Amendment.
Q:
The United States has been a model of religious tolerance throughout history.
Q:
The Supreme Court has ruled that Americans have a free-speech right to pass out anonymous political pamphlets.
Q:
The Supreme Court has ruled that states cannot require children to pledge allegiance to the United States each day.
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.
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.
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 three-part 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 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.