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Q:
When government funds activities that involve expression, it ______.
a. always creates a public forum
b. never creates a public forum
c. may not discriminate on the basis of the content of expression if it creates a public forum
d. may always discriminate on the basis of the content of expression
Q:
In Reed v. Town of Gilbert, the Supreme Court held that laws ______. a. that refer to categories of speech are content neutral b. are never facially unconstitutional c. that distinguish treatment based on the message are content-based d. prohibiting live music after 7 p.m. are overbroad
Q:
The Supreme Court generally interprets freedom of speech and freedom of the press ______.
a. to provide greater protection for freedom of speech
b. by defining the press as a speaker
c. by combining the two terms into freedom of expression
d. by defining all forms and formats of media as full members of the free press
Q:
To guide its application of the First Amendment, the Supreme Court relies on ______.
a. original intent, textual interpretation, ad hoc balancing, and categorical balancing
b. novel ideas introduced during oral argument
c. public opinion
d. original intent, strict scrutiny, and hyperbole
Q:
Prior review ______.
a. is part of the final editing process of a newspaper
b. enables government to stop publications before they reach the public
C. is the examination of the facts during a jury trial
d. provides checks and balances to avoid errors in judicial decisions
Q:
Laws of general application ______.
a. do not apply to the media
b. apply to the media in the same way as other businesses
c. violate the First Amendment when applied to media because they directly infringe the freedoms of speech and of the press
d. none of these
Q:
When the Supreme Court reviews the constitutionality of laws, it applies ______.
a. rational review, minimum scrutiny, or the compelling interest test
b. rational review, intermediate review, or facial review
c. rational review, intermediate review, or strict scrutiny
d. the rule of law
Q:
In reviewing the constitutionality of laws, the Supreme Court has established that an important government interest is ______.
a. a significant but not compelling interest
b. an interest of the highest order
c. sufficient to justify content-based regulations of speech
d. necessary to impose laws of general application
Q:
To determine the constitutionality of government actions, the Supreme Court employs ______.
a. one test to treat all laws equally
b. different tests to allow the Court to reach its desired outcomes
c. one test for all laws that directly or indirectly affect the freedom of speech
d. different tests to respond to the different impacts of government actions on constitutionally protected rights and freedoms
Q:
The Supreme Court has said that, under the First Amendment, political speech is ______.
a. not a part of the protected freedom of speech
b. at the core of the protected freedom of speech
c. not a distinct category of speech
d. always protected from any form of regulation
Q:
In several recent decisions, the U.S. Supreme Court has held that state or federal limits on campaign spending ______.
a. directly advance the Constitutions express protection of free and fair elections
b. are essential to protect elections from corruption
c. advance the core purpose of the First Amendment
d. unconstitutionally restrict the freedom of speech protected by the First Amendment
Q:
The legal protection of anonymous speakers online and offline is ______.
a. determined in the United States by balancing the rights of anonymous speakers against other important values
b. absolute and certain
c. consistent around the world
d. the most protected form of speech in the United States
Q:
If the First Amendment stands as a nearly complete ban on prior restraints, they nonetheless may be constitutional to prevent ______.
a. obscenity
b. incitements of violence
c. interference with ongoing military operations in times of war
d. incitements to overthrow the government
e. all of these
Q:
In First Amendment jurisprudence, original intent means the ______.
a. perceived purpose of the constitutional framers
b. purpose of any individuals comments
c. outcome of a Supreme Court ruling on free speech
d. none of these
Q:
Instrumentalists argue that the First Amendment advances all of the following goals except ______.
a. truth
b. checking government abuse
c. obscenity
d. self-governance
e. self-fulfillment
Q:
Prior restraints on speech are ______.
a. the least intrusive means to regulate speech
b. presumptively unconstitutional
c. rarely constitutional
d. presumptively unconstitutional and rarely constitutional
e. all of these
Q:
Content-neutral regulations are also called ______.
a. time, place, and manner regulations
b. majoritarian regulations
c. balancing regulations
d. purposive regulations
e. truth, equity, and fairness regulations
Q:
Under strict scrutiny, a law is constitutional only if it ______.
a. is reasonable and rational
b. is narrowly tailored to serve a compelling government interest
c. advances an important public interest and falls within the powers of government
d. none of these
e. never passes strict scrutiny
Q:
In Near v. Minnesota, the Supreme Court ruled that ______.
a. prior restraints pose a serious threat of censorship
b. laws that punish past actions by banning future publications are a form of prior restraint
c. prior restraint is justified when media criticize government officials
d. prior restraints pose a serious threat of censorship as well as that laws that punish past actions by banning future publications are a form of prior restraint
e. prior restraints are never constitutional
Q:
In New York Times v. United States, the Supreme Court said that ______.
a. government bears an extremely heavy burden of proof to justify prior restraints
b. prior restraints are constitutional when speech tends to harm important government interests
c. prior restraints are constitutional whenever government disfavors speech
d. government bears an extremely heavy burden of proof to justify prior restraints and prior restraints are constitutional when speech tends to harm important government interests
e. prior restraints are constitutional when speech tends to harm important government interests and prior restraints are constitutional whenever government disfavors speech
Q:
Describe two things that occur in the process of a trial before the trial starts.
Q:
Define concurring and dissenting U.S. Supreme Court opinions and describe their role.
Q:
Controversy has surrounded the courts power of judicial review since its establishment in 1803 in Marbury v. Madison. Briefly discuss two reasons why critics believe judicial review is a problem.
Q:
Explain stare decisis and clearly describe its role in the U.S. judicial system.
Q:
Define the rule of law and discuss two reasons why its global (universal) application is controversial.
Q:
Laws that indirectly limit the freedom of speech while achieving other substantial government objectives are called ______.
a. content-based restrictions
b. content-neutral restrictions
c. time, place, and manner restrictions
d. both content-based restrictions and content-neutral restrictions
e. both content-neutral restrictions and time, place, and manner restrictions
Q:
Courts find content-based restrictions of speech constitutional if they ______.
a. pass intermediate scrutiny
b. are both rational and reasonable
c. are a form of symbolic speech
d. pass strict scrutiny
e. do not violate due process
Q:
The First Amendment prohibits abridgements of the freedom of speech and the press by ______.
a. Congress only
b. the federal executive branch only
c. the federal government only
d. federal, state, and local legislatures only
e. all levels and branches of government
Q:
Equity law interprets and applies the U.S. Constitution.
Q:
Name three sources of U.S. law and explain briefly how they are created.
Q:
All federal law is subject to review by the U.S. Supreme Court.
Q:
Federalism is the legal principle that gives sovereignty to the states.
Q:
The doctrine of stare decisis means lower courts should follow the precedents established by higher courts.
Q:
A per curiam opinion of the U.S. Supreme Court is decided by only one justice but is the binding opinion of the entire court.
Q:
City and county councils have the power to enact statutes.
Q:
When federal administrative agencies give meaning to laws, they engage in statutory construction.
Q:
Courts of appeal are fact-finding courts.
Q:
A dissenting opinion is written by the majority of the court and overturns a lower court ruling.
Q:
In order for a case to be heard by the U.S. Supreme Court, a majority of the justices must vote to grant a writ of certiorari.
Q:
By denying a writ of certiorari, the U.S. Supreme Court is sending the message that it disagrees with the lower courts decision in the case.
Q:
Grand juries sometimes are called to review evidence and decide whether criminal charges should be filed against a suspect.
Q:
Voir dire is one of the several methods trial courts use in attempting to seat an unbiased jury.
Q:
Journalists cited with contempt cannot be jailed.
Q:
The common law is recorded in the Common Register of the Law.
Q:
Every court has a specific geographic or topical area of jurisdiction.
Q:
Forum shopping reflects litigants understanding that, given the same set of facts, different courts may reach different results.
Q:
All U.S. law is black-letter law to assure that citizens will know their rights and responsibilities.
Q:
The principle of federalism places sovereignty in the federal government.
Q:
There are three methods to amend the U.S. Constitution.
Q:
Statutory construction is the term used to describe how legislatures draft and adopt laws.
Q:
Equity law empowers judges to provide fair remedies and relief to a variety of harms.
Q:
Stare decisis describes the doctrine that courts should follow precedents established by higher courts.
Q:
Courts show deference to administrative agency rulings because the agencies are vested with expertise in their areas of jurisdiction.
Q:
Judicial review is often criticized as a primary source of judicial activism.
Q:
Historical documents make clear the framers original intent for the Constitution.
Q:
Out-of-court settlements in civil suits and plea bargains in criminal proceedings ______.
a. require lengthy trials to determine the proper punishment
b. increase the public transparency of court processes
c. resolve the vast majority of U.S. trials
d. determine the outcome of very rare, clear-cut cases
Q:
The legal citation McConnell v. Federal Election Commission, 540 U.S. 93 (2003), refers to ______.
a. a federal appeals court decision ruling against the Federal Election Commission
b. a federal appeals court decision ruling against McConnell
c. a Supreme Court decision in an appeal brought by McConnell
d. a Supreme Court decision in an appeal brought by the Federal Election Commission
Q:
FIRAC stands for ______.
a. Facts, Issues, Rule of Law, Analysis, and Conclusion
b. Findings, Interpretation, Right Answer, Application, and Criticism
c. Findings, Instructions, Rule of Law, Authority, and Criticism
d. Find Issue Right Away Correctly
Q:
In Citizens United v. Federal Elections Commission, ______. a. a unanimous Supreme Court affirmed restrictions on campaign financing and reinforced the power of precedent b. a divided Supreme Court voted according to different understandings of the original intent of the First Amendment to affirm restrictions on campaign finance c. a divided Supreme Court struck down some restrictions on campaign finance in a decision that presented different understandings of the application of precedent d. a divided Supreme Court affirmed restrictions on campaign finance without comment
Q:
Journalists cited with contempt of court need not obey the court order because such orders violate the First Amendment.
Q:
Aristotle said laws are a human invention intended to curb human shortcomings and increase universal well-being.
Q:
The common law is judge-made law guided by the principles established in precedent cases.
Q:
The term jurisprudence best describes ______.
a. the extreme modesty and privacy seeking of Supreme Court justices
b. the focus of U.S. law on issues of profanity, obscenity, and sex
c. the idea that the law is blind
d. the theory or logic of legal decision-making
Q:
Of the amendments proposed to the U.S. Constitution, ______.
a. few have been approved or ratified
b. most have been approved and ratified
c. most have been approved but few have been ratified
d. only 10 amendments contained in the Bill of Rights have been approved and ratified
e. none of these
Q:
Stare decisis means ______.
a. look firmly at the text
b. let the decision stand
c. decisions should be based on facial readings of laws
d. look at 10 choices before deciding
e. none of these
Q:
To achieve the desired goals of the rule of law, laws should be ______.
a. general and non-discriminatory
b. widely known and disseminated
c. forward-looking
d. relatively stable
e. all of these
Q:
An overbroad law is ______.
a. presumptively constitutional
b. imprecise and punishes more protected activity than necessary
c. imprecise and targets specific content
d. an effective remedy to specified harms
Q:
The U.S. Supreme Court established the power of courts to interpret laws in its decision in ______.
a. Marbury v. Madison
b. Powell v. McCormack
c. Miami Herald v. Tornillo
d. Texas v. Johnson
Q:
Executive orders represent ______.
a. a clear violation of the separation of powers
b. a constitutionally delegated power of the executive branch
c. a power of the executive branch often targeted by political opponents
d. none of these
Q:
Forum shopping allows plaintiffs to ______.
a. pay jurors to rule in their favor
b. choose the court in which their case will be heard
c. pay for the best legal advice available
d. have their cases decided online
Q:
Federal trial courts ______.
a. never use juries
b. provide only advisory rulings
c. determine the meaning of the Constitution
d. are called district courts
Q:
En banc decisions of federal appeals courts ______.
a. are unusual
b. hold the same weight as decisions of the U.S. Supreme Court
c. are unsigned, speedy decisions with limited legal effect
d. return a case to the lower court
Q:
En banc decisions of federal appeals courts ______.
a. must be unanimous to establish precedent
b. must follow the decision of the majority of federal appeals courts hearing the same question
c. generally rehear decisions made by a three-member panel of the same court
d. establish binding precedent for all federal appeals courts
Q:
The political ideology of a president who nominates a Supreme Court justice ______.
a. is never part of the non-partisan nomination process
b. clearly predicts the voting pattern of the justice once seated on the Court
c. relates loosely to the voting pattern of the justice once seated on the Court
d. is completely counterbalanced by the Senate confirmation process
Q:
The U.S. Constitution is ______.
a. the supreme law of the United States and is difficult to amend
b. the supreme law of the United States and is easy to modify
c. co-equal to the state constitutions
d. the law that governs Washington, D.C., and the U.S. territories
Q:
Statutes may be enacted by legislatures ______.
a. at the federal level only
b. at the federal, state, or local level
c. at the federal and state levels only
d. only by executive order
e. only in times of war
Q:
Common law ______.
a. is a form of black-letter law
b. is unconstitutional
c. does not apply to government officials
d. is judge-made law
e. all of these
Q:
Among the three branches of government, the executive branch is ______.
a. supreme
b. primarily symbolic
c. co-equal
d. empowered to enact laws
e. delegated authority to adjudicate disputes
Q:
An unsigned opinion of the court is called a(n) ______.
a. per curiam opinion
b. memorandum opinion
c. en banc opinion
d. majority opinion
e. none of these
Q:
Courts of appeal ______.
a. find facts
b. establish precedent
c. are called district courts in the federal court system
d. are generally the first courts to hear a dispute
e. none of these