Constitutional Law And the Criminal Justice System 6th Edition by Harr – Test Bank
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Sample Test
Chapter_03___The_US_Supreme_Court
1. The
framework for the federal judiciary is:
2. a.
based on common
3. found
in the Declaration of Independence. c. outlined in The Federalist Papers, issue
V d. found in Article 3 of the U.S. Constitution.
ANSWER:
d
REFERENCES:
59
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
2. The
first Supreme Court was established by the:
3. a.
Bill of Rights Federalist Papers
4. c.
Federal Judiciary Act of 1789 First Amendment
ANSWER:
c
REFERENCES:
59
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
3. The
U.S. Supreme Court has original jurisdiction:
4. a. in
cases dealing with foreign dignitaries and in legal disputes between
5. in
cases brought before it on appeal.
6. c.
when citizens claim violations of their rights under the
7. in
cases dealing with treaties and those involving federal officials.
ANSWER:
a
REFERENCES:
60
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
4. Judicial
review refers to:
5. a. a
quarterly review of the Supreme Court by
6. the
rating system that allows American citizens to express their level of
satisfaction regarding Supreme
Court rulings.
1. c.
the methodology used by a president in selecting a justice for appointment to
the Supreme
2. the
power of the Supreme Court to analyze the constitutionality of decisions of other
government entities and lower courts.
ANSWER:
d
REFERENCES:
62
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
5. The
case of Marbury v.
Madison established:
6. a.
lifetime appointment for
7. that
the Supreme Court has the authority to review acts of Congress.
8. c.
that police must notify suspects of their rights prior to
9. that
the Supreme Court must function only as an appellate court.
ANSWER:
b
REFERENCES: 62
LEARNING OBJECTIVES: CLCJ.HAHE.14.15 – 4
6. The
laws that emanate from the Supreme Court:
7. a.
are the law of the
8. may
be appealed to another court having similar jurisdiction.
9. c.
constitute statutory
10.
may hold only until the end of the presiding chief justice’s
term.
ANSWER:
a
REFERENCES:
59
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
7. When
the Court grants certiorari, it will:
8. a.
officially end that
9. hear
and decide that case.
10.
c. consider hearing that
11.
allow the ruling of the lower court to stand.
ANSWER:
b
REFERENCES:
64
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
8. Of
the cases put before the Court, it accepts for review about:
9. a. 1%
10%
10.
c. 50% 85%
ANSWER:
a
REFERENCES:
65
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
9. The
reason a Supreme Court appointment is lifetime is:
10.
a. so a justice may not be unduly
11.
because it is very time consuming to select and train a justice.
12.
c. because it would be age discrimination to require them to
13.
to continue the political legacy of the appointing President.
ANSWER:
a
REFERENCES:
68
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
10.
10. How many justices sit on the Supreme Court?
11.
a. five seven
12.
c. eight nine
ANSWER:
d
REFERENCES:
71
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
11.
11. In Ex
parte McCardle (1868), Congress reserved the right to:
12.
a. overrule Supreme Court decisions with a two-thirds vote of
the
13.
limit the jurisdiction of federal courts, including the Supreme
Court.
14.
c. limit the jurisdiction of federal courts, but not the Supreme
15.
override the Constitution by promulgating unconstitutional law.
ANSWER:
b
REFERENCES:
60
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
12.
12. Supreme Court decisions that are pro-person accused or
convicted of a crime, pro-civil liberties or civil rights claimants,
pro-indigents, pro-Native Americans and anti- government are considered to be:
13.
a. Liberal decisions Conservative decisions
14.
c. Libertarian decisions Independent decisions
ANSWER:
a
REFERENCES:
66
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
13.
13. The ability of a president to select a Supreme Court justice
is a powerful political opportunity because:
14.
a. the justice selected will treat that president with
favoritism, should they ever be involved in a legal
15.
the justice selected must rule the way the president wishes.
16.
c. it might be possible to select a candidate with similar
political
17.
most judicial candidates are powerful people themselves.
ANSWER:
c
REFERENCES:
66
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
14.
14. Strict construction refers to:
15.
a. a justice expressing hostility or anger in an
16.
a rigid reading and interpretation of a law.
17.
c. the manner in which our legal system was designed and
18.
a lenient means of interpreting the law.
ANSWER:
b
REFERENCES:
72
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
15.
15. The current Chief Justice is:
16.
a. Sandra Day O’Connor. William Rehnquist
17.
c. Clarence Thomas John G. Roberts, Jr.
ANSWER:
d
REFERENCES:
66
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
16.
16. The only other court or legislative body that can overrule a
Supreme Court decision is:
17.
a. another federal court having original
18.
the lower court to which the case was remanded.
19.
c. Congress, with a three-fourths vote in the House and a
two-thirds vote in the
20.
no other body may overrule the U.S. Supreme Court.
ANSWER:
d
REFERENCES:
59
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
17.
17. Which of the following is not within the power of the
Supreme Court?
18.
a. It can override the will of the majority expressed in an act
of
19.
It can require redistribution of political power in every state.
20.
c. It can issue proactive opinions to address and avoid future
21.
It has original jurisdiction in all cases involving ambassadors,
other public ministers and consuls.
ANSWER:
c
REFERENCES:
59-60
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
18.
18. Martin
v. Hunter’s Lessee held that the Supreme Court could: a.
reverse state court decisions that involved federal legal b. declare acts of
Congress unconstitutional.
19.
c. be the final arbiter in disputes between
20.
have original jurisdiction in cases involving Constitutional
issues.
ANSWER:
a
REFERENCES:
63
LEARNING OBJECTIVES: CLCJ.HAHE.14.4 – 5
19.
19. It is the Supreme Court’s responsibility to monitor
government infringement on civil rights according to the
doctrine of:
1. a.
strict construction judicial restraint
2. c.
judicial review natural law
ANSWER:
c
REFERENCES:
62
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
20.
20. The minimum number of justices required to vote in favor or
granting certiorari to review a case is:
21.
a. 2 4
22.
c. 3 1
ANSWER:
b
REFERENCES:
64-65
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
21.
21. The percentage of cases submitted to the Supreme Court which
are summarily denied, having no justices expressing an interest in them is
approximately:
22.
a. 30% 50%
23.
c. 70% 90%
ANSWER:
c
REFERENCES: 64
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
22.
22. Federal judges (including Supreme Court justices) can be
removed from their office “on impeachment for and
conviction of” all of the following, except:
1. a.
high crimes and misdemeanors treason
2. c.
dereliction of duty bribery
ANSWER:
c
REFERENCES:
65
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
23.
23. The Court has jurisdiction over two general types of cases,
cases that reach it on appeal and cases over which the
Court has:
1. a.
original jurisdiction. appellate jurisdiction.
2. c.
the power of judicial review subject-matter jurisdiction
ANSWER:
a
REFERENCES:
60
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
24.
24. The case which authorized the Court to maintain a position
of the ultimate de facto lawmaker by deciding what legislation is and is not
constitutional is:
25.
a. Martin vs. Hunter’s Lessees Ex parte McCardle
26.
c. Plessy v. Ferguson Marbury v. Madison
ANSWER:
d
REFERENCES:
62
LEARNING OBJECTIVES: CLCJ.HAHE.14.15 – 4
25.
25. The number of women who have served on the Supreme Court
through 2010 is:
26.
a. zero one
27.
c. three four
ANSWER: d
REFERENCES:
67
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
26.
26. The current Supreme Court:
27.
a. overwhelmingly supports judicial
28.
is impartial on the issue of judicial review.
29.
c. supports the expansion of rights for offenders within the
criminal justice
30.
is perceived to be a “law and order” court that supports
expanded discretionary authority for criminal
justice professionals.
ANSWER:
d
REFERENCES:
69
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
27.
27. When the Supreme Court denies certiorari, it means the
Court:
28.
a. is upholding the lower court ruling. believes the case lacks
merit.
29.
c. finds the issue moot. takes no official position on the case.
ANSWER:
d
REFERENCES:
64-65
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
28.
28. Since the origin of the Supreme Court, justices have
29.
a. nearly 40 between 60 and 65
30.
c. more than 100 nearly 210
ANSWER: c
REFERENCES:
66
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
29.
29. Of the following statements about dissenting opinions, all
are accurate except:
30.
a. They carry no legal
31.
They date to the King’s Bench of Great Britain in 1792.
32.
c. They are often used in hope of influencing future
33.
They carry the same legal authority as the majority opinion.
ANSWER:
d
REFERENCES:
71-72
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
30.
30. The Supreme Court established its authority as the final
interpreter of the Constitution in the case of:
31.
a. Martin vs. Hunter’s Lessees Ex parte McCardle
32.
c. Plessy v. Ferguson Marbury v. Madison
ANSWER:
d
REFERENCES:
63
LEARNING OBJECTIVES: CLCJ.HAHE.14.23 – 3, 4
31.
31. Decisions made by the Supreme Court affect the everyday
lives of
32.
a. True
33.
False
ANSWER:
True
REFERENCES:
58
LEARNING OBJECTIVES: CLCJ.HAHE.14.24 – 2,
3, 7
32.
32. In determining which cases to hear, the justices are often
looking for cases involving matters that directly influence the law and the
33.
a. True
34.
False
ANSWER:
True
REFERENCES: 64
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
33.
33. The Supreme Court, powerful as it is, cannot override the
will of the majority expressed in acts of
34.
a. True
35.
False
ANSWER:
False
REFERENCES:
63
LEARNING OBJECTIVES: CLCJ.HAHE.14.15 – 4
34.
34. Due to its strict conformance to stare decisis, the Supreme
Court cannot overrule
35.
a. True
36.
False
ANSWER:
False
REFERENCES:
55
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
35.
35. The framers of the Constitution were very specific as to how
the Supreme Court was to be
36.
a. True
37.
False
ANSWER:
False
REFERENCES:
60
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
36.
36. The Supreme Court has tremendous power through the process
of judicial
37.
a. True
38.
False
ANSWER:
True
REFERENCES:
62
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
37.
37. A petition is a written statement from the
38.
a. True
39.
False
ANSWER:
False
REFERENCES:
71
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
38.
38. The Supreme Court has original jurisdiction in any criminal
case where controversies over the death penalty are
39.
a. True
40.
False
ANSWER:
False
REFERENCES:
60
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
39.
39. In the case of Martin v. Hunter’s Lessee, the final
determination was that the Supreme Court had the authority to
review cases involving federal law, even though the case is
pending in a state court.
1. a.
True
2. False
ANSWER:
True
REFERENCES:
63
LEARNING OBJECTIVES: CLCJ.HAHE.14.4 – 5
40.
40. In Ex
parte McCardle (1868), Congress reserved the right to limit
the jurisdiction of federal courts, including the
Supreme Court.
1. a.
True
2. False
ANSWER:
True
REFERENCES:
60
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
41.
41. is a Latin term that means “to be ”
ANSWER:
Certiorari
REFERENCES:
64
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
42.
42. Decisions that favor the government’s interest in
prosecuting and punishing offenders over recognition or expansion of individual
rights tend to be classified as
ANSWER:
Conservative
REFERENCES:
66
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
43.
43. The current Supreme Court is considered by many to be .
ANSWER:
conservative
REFERENCES:
68
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
44.
44. An opinion that agrees with the majority is called a
ANSWER: concurring
REFERENCES:
71
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
45.
45. After the President nominates a judge for appointment to the
Supreme Court, the must confirm the
ANSWER:
Senate
REFERENCES:
65
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
46.
46. The Supreme Court has effectively created most of its own
power and authority through the process of
.
ANSWER: judicial
review
REFERENCES:
64
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
47.
47. All questions are allowed, and politics become readily
apparent, during a Supreme Court nominee’s
process.
ANSWER:
confirmation
REFERENCES:
68
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
48.
48. During , the justices consider administrative matters
and write opinions, but do not hear
ANSWER:
recesses
REFERENCES:
70
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
49.
49. The justices not only render decisions, they also the
ANSWER:
interpret
REFERENCES:
72
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
50.
50. It can be interpreted from The Federalist Papers that the Supreme
Court was assigned the awesome task of practically overseeing the .
ANSWER:
Bill
of Rights
REFERENCES:
73
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
51.
51. Describe the ideological makeup of the current Supreme
Court. In your opinion, do labels such as “liberal” or
“conservative” provide an accurate portrayal of the current
Court? Explain.
ANSWER: See
Table 3.1. Students answers on the second part of the question will vary, but
should be justified by information from the text.
REFERENCES:
67
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
52.
52. Describe the authority the Supreme Court has and how it has
come by this
ANSWER:
Has
appellate jurisdiction over lower state and federal courts on issues that
involve either interpretation of federal law or the applicability of the
Constitution to the subject at hand, and over cases dealing with treaties the
U.S. has entered into, admiralty and maritime cases, or those involving certain
public officials and political entities. Has original jurisdiction in cases
dealing with foreign dignitaries or cases involving legal disputes between
states. Its authority is established in Article 3 of the U.S. Constitution.
Additionally, the Court has the power of judicial review, as set forth in its
decision of Marbury
v. Madison, and the power to review state court cases, as
established in Martin
v. Hunter’s Lessee.
REFERENCES:
59-63
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
53.
53. Explain the process used in deciding which cases will be
heard by the Supreme
ANSWER: Figure
3.1 illustrates the path a case travels to reach the Supreme Court.
REFERENCES:
61
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
54.
54. Explain the types of opinions that may be written by Supreme
Court justices, who may write them, and the purpose of
ANSWER:
The
chief justice or most senior justice voting with the majority assigns the
writing of the majority opinion. Any other justice may write a concurring or
dissenting opinion. Concurring opinions give justices who did not author the
opinion the opportunity to address why they agree with the outcome but not with
the reasoning. Dissenting opinions provide the bigger picture and other
perspectives on the issue at hand, and are often written in hopes of
influencing future decisions on the issue.
REFERENCES:
71-72
LEARNING OBJECTIVES: CLCJ.HAHE.14.13 – 2
55.
55. Describe the influence of the Supreme Court on the justice
ANSWER:
As interpreters
of the Constitution and overseers of the Bill of Rights, the Supreme Court has
a profound influence on the justice system. Some courts, such as the Warren
Court in the 1960s, focus on the rights of the accused and expand procedural
safeguards, thereby limiting the power of law enforcement. Other courts, such
as the current Roberts Court, focus on “law and order” and tend to side with
law enforcement, expanding their powers and limiting the rights
of defendants. As the court of last resort which has the final say in matters
that come before it, Supreme Court decisions become “the law of the land” and
both federal and state justice systems must obey them.
REFERENCES:
61-63
LEARNING OBJECTIVES: CLCJ.HAHE.14.22 – 2, 7
56.
56. The judicial power of the Supreme Court can be found in of
the
ANSWER:
Article
3
57.
57. The Supreme Court has jurisdiction over cases that reach it
on appeal and cases over which it has
ANSWER:
original
REFERENCES: 60
58.
58. The Supreme Court has jurisdiction in cases dealing with
foreign dignitaries or cases involving legal disputes between
______.
ANSWER:
states
REFERENCES: 60
59.
59. The power of the Supreme Court to analyze decisions of other
government entities and lower courts is known
ANSWER:
judicial
review
REFERENCES: 62
60.
60. In 1803, the United States Supreme Court established its
power of judicial review in the case of .
ANSWER:
Marbury v. Madison
REFERENCES: 62
61.
61. The United States Supreme Court is the law of the land, no
judicial or political body can overrule its decisions, and even the Supreme
Court cannot overrule
62.
a. True
63.
False
ANSWER:
False
REFERENCES: 59
62.
62. Congress reserves the right to limit jurisdiction of federal
courts, including the United States Supreme a. True
63.
False
ANSWER:
False
REFERENCES: 59
63.
63. United
States v. Klein overruled Ex Parte McCardle by holding that
Congress did not have the right to limit the jurisdiction of federal
64.
a. True
65.
False
ANSWER:
False
REFERENCES: 60
64.
64. Martin
v. Hunter’s Lessee held that the Supreme Court can review and
reverse state court decisions and can review pending state
65.
a. True
66.
False
ANSWER:
False
65.
65. The vast majority of cases before the Supreme Court come
from mandatory review of all appealed state supreme court
66.
a. True
67.
False
ANSWER:
False
REFERENCES: 64
66.
66. The caseload of the Supreme Court has increased rapidly in
recent years with the current workload exceeding cases per
67.
a. 10,000 1000
68.
c. 500 350
ANSWER:
a
REFERENCES: 64
67.
67. The Supreme Court consists of one Chief Justice
and Associate a. 5
68.
6 c. 8 d. 9
ANSWER:
c
REFERENCES: 65
68.
68. A Supreme Court appointment is a lifetime appointment, but
can be terminated by a.
69.
resignation. c. death.
70.
B and C
71.
e. all of the above
ANSWER: a
69.
69. The Constitution directs that the president of the United
States shall nominate a judge for appointment to the
Supreme Court, which the must
confirm. a. the Senate
1. the
House of Representatives c. the American Bar Association d. all of the above
ANSWER:
a
REFERENCES: 65
70.
70. If the Supreme Court declines to hear a case, it is the
state’s a. questioning
71.
upholding c. affirming
72.
relinquishing
ANSWER:
b
REFERENCES: 65
71.
71. Opponents of judicial review contend that judges have too
much power, while supporters believe there must be some watchdog to maintain
the constitutionality of law. Which position do you most agree with? Justify
your answer and give examples of recent cases or controversies that support
your
ANSWER: There is no correct answer
here. It is important for the instructor to confirm that the student understands
what judicial review entails and can articulate a reason that it is good or bad
the United States and its criminal justice system.
72.
72. The Supreme Court has molded law enforcement from a job with
complete discretion to one that is highly standardized with virtually every
action officers take today subject to specific Supreme Court decisions. Is this
a good thing for law enforcement? Why or why not?
ANSWER: Some argue that the
intervention of the Supreme Court into law enforcement activity addressed many
systemic abuses of individual rights, while others feel that the police are
hamstrung and cannot be effective because of the Supreme Court decisions. The
student’s answer could go either way, but the key here is that they can
adequately articulate a basis for their position.
73.
73. Some commentators feel that the appointment of Supreme Court
justices by the chief executive (the President of the United States) ensures
that the Supreme Court will always be a political body, voting politically on
cases that come before it. Do you agree? Why or why not?
ANSWER:
Even
though the President nominates justices for the Supreme Court, the Senate must
approve the nomination. This process of confirming the appointee is one way
that the possible political bias of a particular potential Supreme Court
justice can be examined in public hearings by members of the opposite political
party. Additionally, there are many cases where the actual rulings by a Supreme
Court justice are the opposite of what the appointing president would have
liked. Further, the fact that these are lifetime appointments means that the
Supreme Court justices are no longer subject to political pressure once they
start working in the United States Supreme Court.
REFERENCES: 66-69
74.
74. Some advocate that judges, even those on the United States
Supreme Court, should be strict constructionist’s meaning a rigid reading and
interpretation of the law. Take an opposing view and justify your
ANSWER:
The
opposing view of strict constructionism is interpreting laws more broadly,
often referring to the “spirit of the law” rather than the specific wording of
the law. Some argue that this position allows for the Supreme Court to
modernize the law and ensure a consistent legal perspective across the United
States.
REFERENCES: 72
75.
75. Supreme Court justices tend to evolve in their thinking once
they are elevated to the Court. Therefore, the new Supreme Court justice may
take opinions different from what might be expected by the President who
nominated him or her or the Senate, which confirmed him or her. Is this a
problem for the judicial system? Why or why not?
ANSWER:
It is
reasonable to believe that a judge with a lifetime appointment may feel free to
follow their own best judgment on cases. It is also reasonable that opinions
may change as experience with the most important cases in the country across
their desk over the years. One would hope that this means that the judge
becomes more learned and makes decisions that are unfettered by interests
contrary to the best principles of jurisprudence. It may frustrate those who
wish us Supreme Court Justice rule consistent with a certain political
perspective, but that is not the goal of dispensing justice.
REFERENCES: 69
Chapter_05___The_First_Amendment
1. The
First Amendment specifically prohibits Congress from making any laws that
restrict freedom of religion, speech, press, assembly, and:
2. a.
privacy. to petition the government.
3. c.
the presumption of innocence. travel.
ANSWER:
b
REFERENCES:
121
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
2. Protected
forms of speech include all of the following, except:
3. a.
burning the American
4. protesting
abortion clinics.
5. c.
advocating the violent overthrow of the
6. swearing
at a law enforcement officer.
ANSWER:
c
REFERENCES:
140
LEARNING OBJECTIVES: CLCJ.HAHE.14.36 – 1,
2, 5
3. Which
of the following is a permissible
restriction on speech?
4. a.
Defamation. Political rhetoric
5. c.
Criticism of the government Depictions of animal cruelty
ANSWER:
a
REFERENCES:
142-143
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
4. As ,
law enforcement officers’ speech is protected by the First Amendment only if it
is a matter of
public concern or unrelated to employment.
1. a.
officers of the court members of the Executive branch
2. c.
public employees private citizens
ANSWER:
c
REFERENCES:
150
LEARNING OBJECTIVES: CLCJ.HAHE.14.5 – 9
5. The
Supreme Court upheld prison regulations that are “reasonably related to
legitimate penological interests” using
the:
1. a.
clear and present danger test rational basis test
2. c.
strict scrutiny test clear and probable danger test
ANSWER:
b
REFERENCES:
160
LEARNING OBJECTIVES: CLCJ.HAHE.14.10 – 11
6. Hamilton
v. Regents of the University of California (1934), involving
compulsory military training, was one of the earliest cases regarding:
7. a.
freedom of the press. freedom of religion.
8. c.
freedom of speech. freedom to assemble.
ANSWER:
b
REFERENCES:
125
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
7. 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.”
1. a. establishment
of religion clause
2. free
exercise clause
3. c.
separation of parochial and secular schools
4. ”excessive
entanglement” test
ANSWER:
a
REFERENCES:
132
LEARNING OBJECTIVES: CLCJ.HAHE.14.37 – 1,
2, 4
8. Freedom
of the press protects:
9. a.
the right to publish information without governmental
10.
magazine publishers from being told they can’t print obscene
material.
11.
c. the public from the publication of offensive
12.
press premises from being searched by law enforcement.
ANSWER:
a
REFERENCES:
152
LEARNING OBJECTIVES: CLCJ.HAHE.14.17 – 10
9. The
Espionage Act, passed by Congress in 1917:
10.
a. empowered the President to expel “dangerous ”
11.
made it illegal to interfere with recruiting or drafting
soldiers or any act that adversely affected military morale.
12.
c. made it illegal to write or speak “with the intent to defame”
the
13.
made it illegal to provide material support to terrorist
organizations.
10.
10. 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:
1. a.
have a primary secular
2. have
a principle effect that neither advances nor inhibits religion.
3. c.
have a principle effect that either advances or inhibits
4. not
generate excessive entanglement between government and religion.
ANSWER:
c
REFERENCES:
126
LEARNING OBJECTIVES: CLCJ.HAHE.14.15 – 4
11.
11. The right to peaceful assembly:
12.
a. permits anyone to enter private property to assert protected
13.
involves the right to assemble in public places.
14.
c. permits demonstrations on the property of private abortion
15.
cannot be restricted under any circumstances.
ANSWER:
b
REFERENCES:
157-158
LEARNING OBJECTIVES: CLCJ.HAHE.14.38 – 1, 2
12.
12. Which of the following is not subject to
regulation by the state to protect societal interests under the free exercise
clause?
13.
a. Performance of
14.
Requiring Boy Scouts to promise to “Love God.”
15.
c. Requiring Amish to put orange reflectors on their
16.
Ingestion of illegal drugs in religious ceremonies.
ANSWER:
b
REFERENCES:
128-129
LEARNING OBJECTIVES: CLCJ.HAHE.14.39 – 2, 4
13.
13. Control of the press during the Persian Gulf War was:
14.
a. absolute. close to 100 percent.
15.
c. fairly lax. nonexistent.
ANSWER:
b
REFERENCES:
153
LEARNING OBJECTIVES: CLCJ.HAHE.14.17 – 10
14.
14. Under the First Amendment, there is an absolute freedom to:
15.
a. speak act
16.
c. protest believe
ANSWER:
d
REFERENCES:
129
LEARNING OBJECTIVES: CLCJ.HAHE.14.28 – 1,
2, 3
15.
15. Judicial activism is:
16.
a.
17.
when judges interpret the Constitution and its amendments
18.
c. a violation of due
19.
all of the above.
ANSWER:
b
REFERENCES:
132
LEARNING OBJECTIVES: CLCJ.HAHE.14.38 – 1, 2
16.
16. The Supreme Court struck down a law banning computergenerated
or “virtual” child pornography in:
17.
a. Prewitt
v. State of Arizona ex rel. Eyman (1969).
18.
Procunier v. Martinez (1974).
19.
c. City
of Ladue v. Gilleo (1994).
20.
Reno v. American Civil Liberties
Union (1997).
ANSWER:
d
REFERENCES:
150
LEARNING OBJECTIVES: CLCJ.HAHE.14.31 – 4, 5
17.
17. The Supreme Court ruled that cities may not prohibit yard
signs in:
18.
a. Prewitt
v. State of Arizona ex rel. Eyman (1969).
19.
Procunier v. Martinez (1974).
20.
c. City
of Ladue v. Gilleo (1994).
21.
Reno v. American Civil Liberties
Union (1997).
ANSWER:
c
REFERENCES:
138-139
LEARNING OBJECTIVES: CLCJ.HAHE.14.40 – 5, 9
18.
18. The Smith Act (1940):
19.
a. banned nude
20.
made it unlawful to advocate overthrowing the government by
force.
21.
c. established national standards for
22.
established the ‘clear and probable danger’ test.
19.
19. In order for speech to be considered obscene, and thus not
protected by the First Amendment, it must be all of the following except:
20.
a. the work arouses erotic sexual
21.
the work taken as a whole appeals to the prurient interest in
sex.
22.
c. it portrays sexual conduct in a patently offensive
23.
the work taken as a whole does not have a serious literary,
artistic, political or scientific value.
ANSWER:
a
REFERENCES:
146
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
20.
20. Which of the following is not part of the threepart test in
determining “imminent lawless action”?
21.
a. The speaker subjectively intended
22.
In context, the words used were likely to produce imminent,
lawless action
23.
c. the words used by the speaker objectively encouraged and
urged
24.
the words used by the speaker caused excitement.
ANSWER:
d
REFERENCES:
141
LEARNING OBJECTIVES: CLCJ.HAHE.14.11 – 7
21.
21. Religious freedom includes all of the following, except:
22.
a. the freedom to worship. freedom to print instructional
material.
23.
c. freedom to train teachers. prayer conducted in public
schools.
ANSWER:
d
REFERENCES:
125
LEARNING OBJECTIVES: CLCJ.HAHE.14.20 – 3
22.
22. Freedom of the press was made binding on the states through
the Fourteenth Amendment in Near
Minnesota
(1931), in which the Supreme Court ruled that:
1. a. no
newspaper could be banned because of its contents, regardless how
2. obscenity
is not a constitutionally protected form of speech.
3. c.
government may halt publication of books that endanger national
4. the
press has no constitutional right to disregard promises of confidentiality.
ANSWER:
a
23.
23. “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:
24.
a. clear and probable danger test clear and present danger test
25.
c. imminent lawless action test imminent probable danger test
ANSWER:
a
REFERENCES:
140
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
24.
24. The Supreme Court justified the screening of inmate mail in:
25.
a. Prewitt
v. State of Arizona ex rel. Eyman (1969).
26.
Procunier v. Martinez (1974).
27.
c. City
of Ladue v. Gilleo (1994).
28.
Reno v. American Civil Liberties
Union (1997).
ANSWER:
a
REFERENCES:
161
LEARNING OBJECTIVES: CLCJ.HAHE.14.10 – 11
25.
25. The establishment clause of the First Amendment sets forth
all of the following, except:
26.
a. Congress shall make no law respecting an establishment of
27.
Congress is prohibited from establishing a national church.
28.
c. Congress may establish a national church if three-fourths of
the states vote to
29.
government cannot show preference to any particular religion.
ANSWER:
c
REFERENCES:
125
LEARNING OBJECTIVES: CLCJ.HAHE.14.15 – 4
26.
26. 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 ” This case involved:
27.
a. child pornography flag burning
28.
c. cross burning nude dancing
ANSWER: b
REFERENCES:
137
LEARNING OBJECTIVES: CLCJ.HAHE.14.5 – 9
27.
27. The Supreme Court placed restrictions on the censorship of
inmate mail in:
28.
a. Prewitt
v. State of Arizona ex rel. Eyman (1969).
29.
Procunier v. Martinez (1974).
30.
c. City
of Ladue v. Gilleo (1994).
31.
Reno v. American Civil Liberties
Union (1997).
ANSWER:
b
REFERENCES:
161
LEARNING OBJECTIVES: CLCJ.HAHE.14.10 – 11
28.
28. The Supreme Court held that obscenity is not a
constitutionally protected form of free speech in:
29.
a. Near
Minnesota. b. Cohen
v. Cowles Media Company.
30.
c. Roth
v. United States. the Zenger case.
ANSWER:
c
REFERENCES:
153
LEARNING OBJECTIVES: CLCJ.HAHE.15.1 – 6
29.
29. Standards to define obscenity were
set forth in:
30.
a. Near
Minnesota. b. the Zenger case.
31.
c. Edwards
v. City of Goldsboro, NC. Miller v. California.
ANSWER:
d
REFERENCES: 153
LEARNING OBJECTIVES: CLCJ.HAHE.14.17 – 10
30.
30. The first guarantee to be made applicable to the states
through incorporation was:
31.
a. freedom of religion. freedom to assemble.
32.
c. freedom of speech. freedom of the press.
ANSWER: c
REFERENCES:
133
LEARNING OBJECTIVES: CLCJ.HAHE.14.6 – 1
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