Q&A Hero

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.

Q: When a court agrees with a lower court ruling, they ________ the lower court's decision.

Q: The ____________ of a case is the precise statement of the decision reached by a court.

Q: The UCLA Law Review, being a compilation of recently decided cases pertinent to criminal justice professionals, is an example of a _______________ information source.

Q: Judge's thoughts in an opinion on issues not essential to the court's decision, looking at facts or issues other than those needed to determine the case are called ________ and are not binding on future courts.

Q: Legal citations are usually followed by the _______________.

Q: The ___________________ publishes regional sets of appellate opinions, as well as individual sets for specific states.

Q: Anderson v. Smith is an example of a case's _______________.

Q: The most authoritative information regarding the law is from a ________________ source.

Q: Not all cases produce opinions, particularly at the trial court level.

Q: The newspaper is not considered a legitimate source of information regarding the law.

Q: Most legal encyclopedias make distinct efforts to be objective and noncritical by simply stating the propositions of law and providing an elementary introductory explanation.

Q: A basic rule of legal procedure is that there can be only one opinion written for each case decided in court.

Q: Basic legal research skills are as important as any of the more traditional job-related skills you pursue in the field of criminal justice.

Q: The laws of the U.S. Congress are considered secondary sources.

Q: Wikipedia is considered a reliable source for academic purposes.

Q: Being able to "think in reverse" is a helpful skill in reading case law.

Q: One should never infer anything from the decisions made in a judicial opinion.

Q: A concurring opinion is one written by a justice who disagrees with the holding and voted against the majority.

Q: Which of the following would not be included in a brief? a. case name and citation. b. summary of key facts. c. legal issues involved. d. copies of supporting articles.

Q: The Police Chief magazineis an example of: a. popular literature b. professional literature c. primary sources d. scholarly literature

Q: The final, official opinions of the Supreme Court of the United States are found only in the printed, bound volumes of:a. the National Reporter Systemb. Westlawc. SCOTUS blogd. the United States Reports

Q: Which of the following would not be considered a source of primary information?a. state legislationb. state constitutionsc. specialized treatisesd. Congressional statutes

Q: Time and Reader's Digest are examples of: a. popular literature b. professional literature c. primary sources d. scholarly literature

Q: A legal opinion usually contains all of the following except: a. a description of the facts. b. a statement of the legal issues presented for decision. c. concurring or dissenting opinions of the plaintiff. d. the relevant rules of law.

Q: Which of the following information sources would not be classified as secondary? a. popular literature. b. scholarly literature. c. law school publications, such as the Harvard Law Review. d. state constitutions.

Q: Many holdings of the Supreme Court are binding on the states through: a. Marbury v. Madison b. the Second Amendment c. Article II of the U.S. Constitution d. the Fourteenth Amendment

Q: To determine whether a particular case has been overturned or is still good law, you would: a. remand it. b. check popular literature. c. shepardize the case. d. brief it.

Q: A basic professional skill is to regularly review: a. case briefs. b. news sources. c. legal dictionaries. d. law journals.

Q: A comprehensive text on a legal subject that goes into a specific subject in depth is known as a: a. legal periodical b. treatise c. legal dictionary d. legal encyclopedia

Q: "Briefing" a case means to: a. outline the pertinent aspects of the case.. b. refer it to a lower court. c. read about it in the popular literature. d. write an opinion about the case.

Q: The ability to effectively identify an issue, narrow that issue, access appropriate online sites, separate fact from fiction and present the findings professionally is known as: a. dicta b. briefing cases c. shepardizing d. information literacy

Q: A legal citation is: a. a brief summary of the ruling in a case. b. a standardized way of indicating the location of a specific legal document, opinion, or publication. c. the constitutional definition of a legal term or concept. d. an element of common law.

Q: The caption of a case tells: a. in what other digests the case may be found. b. the parties that are involved in a case. c. when the case was first filed with the court. d. who won the case.

Q: Primary information sources: a. are easier for nonlawyers to understand and work with. b. are merely analysis and synthesis of information. c. include legal encyclopedias. d. include appellate court decisions at the state and federal level.