President 1. Bush recently chose ______ to head the investigation of the World Trade Center. A. Ponce de Leon B. Clark Gabble C. Robert E. Lee D. Henry Kissinger 2. As a residence of this congressional district, your congressmen is A. Ramsey Clark B. Clark Kent C. Lee Meiweather D. Oscar Arias 3. As results of last elections, the Republicans have majority in US A. House B. Senate C. House & Senate D. neither 4. The newest department of our federal gov't is A. State B. Education C. Health D. Homeland Security 5. Where is Usama bin Laden? A. Cancun B. Aspen C. dead in Afghanistan
E. Chet Edwards
D. Pakistan
E. Who knows?
6. Individual most prominently mentioned as planning the World Trade is A. Arrafat B. ben Laden C. Kadaffi D. Saladin E. Saddam 7. Pres. Bush preferred vacation retreat is in A. Kenny bunkport B. Yacht C. Crawford D. Camp David 8. Current Bush Attorney General is A. Kennedy B. Ashcroft C. Meese
E. London
E. Reno
9. If we are to believe the pres next year our boys (soldiers) are likely to be fighting & dicing in A. Cuba B. Yennan C. Somalia D. Syria E. Iraq 10. One of the clearest of most powerful statements in our constitution "No money shall be drawn from the Treasury but in consequence of appropriations made my law" is found in ____. This clause stopped American participation in the war in Vietnam. A. Art 1 B. Art 2 C. 9th Am. D. 14th Am 11. The last chapter of your text proposes concurrent service in government. To achieve this, Article________ would have to be changed by amendment. A. 1 B.2 C. 3 D. 4 12. To find our constitution the current procedures for the selection of a new president, read ___ A. art 1 B. art 2 C. 12th AM D. 14th Am E. 20th AM 13. The membership of the NRA is most concerned about the interpretation of the ____ Am. a. first b. second c. third d. fourth e. fifth 14. the current minimum voting age in this nation is specified in _________ Am. a. art 1 b. 11th c. 20th d. 26th 15. The term "equal protection of the laws" appears only once in our constitution, in the ___ Am.
a. 14th
b. 16th
c. 18th
d. 20th
e. 22 e. 18th e. 9th
16. the term "due process of law" appears in _____ am. a. 10th b. 12th c. 14th d. 16th 17. the term "due process of law" appears I ___ am. a. 4th b. 1st c. 5th d. 3rd
18. What amendment would protect you from the police searching your house w/ a warrant? a. 4th b. none c. 6th d. 5th e. 3rd 19. Which am protects us against censorship of press by the gov't? a. 1st b. 2 c. none of these d. 4th e. 3 20. Which am in the bill of rights abolishes slavery? a. 9th b. 12 c. 10 d. 11
e. 13
21. Which am in b of r forbids gov't from compelling a person from testifying against self? a. 4 b. none c. 6th d. 3 e. 5th 22. We have other rights in addition to those listed in first 10 am? a. true b. false 23. American most prominently identified w/ the drafting of the un declaration of human rights? a. sara dreel burnam b. elenor Roosevelt c. rose filbarn d. george marshall e. dean acherson 24. Each country ratifying UNDHR usually reserved to itself the right to interpret that document. A. true b. false 25. in class, we contrasted "positive rights" & "negative rights" which of the following contains the most "positive rights". a. magna carta b. English b of r c. us const. D. UNDHR 26. UNDHR was approved by UN in a. 1908 b. 1928 c. 1948
d. 1968
e. 1988
27. # times state legislatures been able to get congress to call a constitutional convention? a. 0 b. 17 c. 1 d. 26 e. 5 28. the current means of selecting the pres and vp are specified in the ___ am. a. 15 b. 19 c. 12 d. 21 e. 18 29. only the ___ am is specifically binding on state gov't. a. tenth b. first c. fourteenth d. twenty-sixth
e. fifth
30. article VI specifically prohibits the imposition of a ___ test for holding office.
a. race b. language
c. religion
d. age
e. gender
31. art VI declares that the constitution, laws and ____ shall be the supreme law of land a. exec. Orders b. all c. sc decisions d. treaties e. state constitutions 32. the constitution specifically req's in art VI that ________ support the doc. a. members of state legislatures b. st. court judges c. st. gov's d. Congress
e. all
33. regarding the process of amending the us constitution, once a Rhode Island legislature ratifies a proposed am. Can a subsequent RI legislature withdraw approval. a. yes b. no 34. am to us constitution may be by national constitutional convention or by a. conventions in states b. legislatures in states c. 2/3 vote in us senate & house 35. using the formula in the us const, can ratified by conventions in states or : a. national constitutional convention b. 2/3 vote of house or senate c. legislatures in state 36. the most notable sc decision to date this century on what constitution basis did our high court decide this decision. a. privileges & immunities of citizenship b. equal protection of law c. cruel & unusual punishment d. wall of separation 37. Those w/ a communitarian prespective argue that inequalities among Americans can be reduced if our people and the court embraces the concept of _________ justice. a. procedural b. redemptive c. formal d. cyclical e. substantive 38. We learned in this course that those w/ a ____ perspecitive hold that the 1 st task of gov't is the protection of the rights of each and every American citizen. a. federalist b. corporate c. syndicalist d. environmentalist e. individualism 39. which public policy issue likely divides the American public the most? a. prayer in public schools b. gun control c. abortion rights d. affirmative action 40. Assume that upcoming presidential election, 3rd party candidate will capture 20% of popular vote, 30% in some states and 10% others. What percent of electoral college would he get? a. 15 b. 10 c. 0 d.20 e. 25 41. The dominant theme of book from begin to end is the tension b/n ____ a. corporate efficiency & bureaucratic ineptitude b. freedom & equality c. individualism & communitarism d. liberalism & conservatism e. charity & greed 42. the most common way to amend constitution is a. 2/3 congress ratify by state legislatures b. 2/3 congress w/ ratify states in convention c. nat'l convention w/ states legislatures d. national convention w/ states in convention
43. all the following except____ as current problems of the American electoral system. a. complicated voter registration proced. B. declining voter turnout c. non-comp congressional elections d. endless pres elections e. increasing campaign costs. 44. A friend of yours, at coffee, describes himself as "strict separationist". He advocates ________ a. repeal of prohibition b. restoration of racial segregation in schools c. law banning homog. of milk d. withdrawal local churches from high denominational bodies e. gov't doing nothing touching or impacting religion 45. lawyers mention "equal access" as that term used in your text would likely be referring either to the handicapped or to ______ use in public school facilities. a. bible clubs b. ethnic minorities c. out of state residents d. poor 46. Written in 1644 as a prominent early defense of freedom of expression, areopagitica was authored by _______. A. John Milton b. John Mill c. Thomas Jefferson 47. SC justice who most recent accurately reflects Alexander Meiklejohn's view of freedom of expression = A. Holmes B. Black c. Frakfurter d. Rhenquist 48. "accomodationist" is for a. majoring in hotel design b. seeking larger role for muslims c. interested in church-state relations d. seeking consumer friendly legislation 49. Meet me at flagpole's religious event is perfectly constitutions b/c a. occurs outside school building b. not sponsored by school c. occurs before school d. all 50. SC hold that state legislatures cannot _____ in public schools. 1. require teaching of evolution 2. require teaching of creationism 3. require teaching of creationism alongside evolution 4. a. 1 b. 2 c. 1&2 d. 2&3 e. all 51. As 1st am currently interpreted, which of following would be legal in public school, a. prayer at start of day b. prayer at graduation c. prayer before fball d. none 52. which of following practices on public school property would violate 1 st am? a. renting school for Sundays to a church b. requiring students in English to read psalms c. students pray over school lunch in cafeteria d. student prayer @ flagpole before school e. none 53. Wisconsin v. Yoder exempted which religious group from state education laws? a. branch dividians b. jehovah's witness c. mormons d. seventh day Adventists e. amish 54. You have constitutionality protected right to send your children to a _________. a. false b. true
55. A case barring prayer before school football games. a. Kramer v. union free school district b. Austin ISD v. US c. board of ed v. allen d. board of OK city schools v. Dowell e. Santa fe ISD v. Doe 56. Many SC decisions dealing w/ public assistance to parochiral schools referred to the ____ to explain why aid could be given while not benefiting a particular religious institution. a. expression-action doctrine b. parallel-place doctrine c. child-benefit theory d. secular-legislation rule e. minimum wage rule 57. Simple possession of pornographic material involving ___ is most likely to bring enforcement of draconian (severe) state laws. a. animals b. Satanist rituals c. foreign production co's d. juveniles e. insects 58. cities have used ____ restrictions to limit the content, location & size of signage by sexoriented businesses without violating 1st am. Freedom of speech. a. public safety b. public health & sanitation c. quarantine d. en loco parentis e. zoning 59. What part of the constitution would a pornographer embrace to claim his business enterprise was entirely legal? a. art 1, sec 8 b. art 1, sec 9 c. first am d. fourteenth am 60. Stanley v. Georgia dealt with a. rights of prisoners b. victim's compensation d. private possession of obscene material c. nat'l security & classified material e. child abuse
61. "shield law" in text refers to: a. protects anonminity of police informants b. stops TV reports from covering courtroom proceedings c. prevents juvenile interrogation d. req'd each Norman soldier to provide his own shield e. allows journalists to refuse to reveal their sources 62. In a libel suit, which plaintiff would NOT have to prove malice by the other party in order to be awarded damages? a. pro athlete b. TV evangelist c. elected official d. movie star e. bar owner 63. The doctrine of fairness(?) would normally be mentioned in the discussion of: a. freedom of press b. double jeopardy c. eminent domain d. freedom of speech e. child abuse 64. The ____ test as modified by the Miller decision sets the stnd for obscenity cases. A. Roth b. Berger c. three prong d. Miranda e. Roe v. Wade 65. In American courtrooms these days, libel nowadays refers to : a. editorials only b. written word c. tabloids d. written & spoken e. spoken 66. ___?__ restrictions as discussed in our class are used by cities___?__ a. parades & demonstrations
67. To understand the origins of the court's notion of "symbolic speech", read a. halaby v. LA b. Sanchez v. NM c. Simkins v. Minneapolis d. Tinker v. Des Moines e. Khory v. Dallas 68. In your review for this exam, surely you mentioned malice in thinking about ____ materials. a. freedom of speech & press b. recent election results c. religious practices d. freedom of religion e. adult criminal justice 69. State laws regulating ____ have frequently been overruled for reasons of vagueness & overbedth a. commerce & transportation b. speech & expression c. religious practices d. agricultural production e. labor unions 70. Freedom to join any group you wish firmly grounded in: a. art IV "privileges & immunities of citizenship" b. 9th am other rights c. 14th am "liberty" d. 10th am. Powers reserved to state e. 1st am. Freedom of speech 71. is it legal to burn an American flag as part of a protest demonstration? a. no b. yes 72. Of all the forms of communication, ____ has received the most limited 1 st am protection, and is most subject to gov't supervisions. a. gospel tracts b. newspapers c. magazines d. novels e. broadcasting 73. To the SC, "pure speech" means, b. only spoken or read words, nothing sung d. speech unconnected w/ action a. Sermons by TV evangelists c. speech approved by FCC e. speech free of ref to bodily functions
74. What non-profit organization has repeatedly used the courts to defend & expand speech & press rights of unpopular minorities. a. NRECA B. ACLU C. SEC D. AFL-CIO E. NCAAP 75. According to your prof, the legalization of abortion in 1972 led to a. moral decline in our society b. ? c. increase in maternal deaths / 100,000 abortions d. an increase in cost of abortions 76. What process explains why some of the elements of b of r restrict the actions of indiv. states while others do not? a. limited nat'l rights b. affirmative action c. nullification d. state sovereignty e. selective incorp. 77. A close reading of the Roe v. Wade abortion decision supports the conclusion that states may still ban certain abortions and jail those performing them. a. false b. true 78. US today, a man has __?__ to do which of the following "in privacy of his own home"
1. view obscene videotapes 2. beat his wife 3. manufacture cocaine 4. use contraceptive device of his choice 5. read pornographic magazine a. 1,4,5 b. 4,5 c. 2,4,5 d. 1,2,3,4 e. all 79. Roe v. Wade decision does I certain circumstance compel a. doctor perform abortion b. hospital provide abortions c. woman have abortion d. none 80. The organized catholic community in the US has ___ the Roe v. Wade decision. a. opposed b. been indifferent to c. supported 81. Constitutional support for existence of rights not enumerated in B of R can be found in __ am a. 9th b. 5th c. 1st d. 4th e. 11th 82. Your right to privacy exists in the "penumbras of the constitution" says our SC. If a friend tells you he will meet you in the penumbras of the SUB, you find him a. in mall near barbershop b. bear c. near but outside building d. near main entrance 83. To find the constitutional basis for privacy doctrine, best place to look is 9th am & ___ a. 13th b. 26th c. art 1, sec 8 d. 14th 84. Which am granted women right to vote? a. 17th b. 13th c. 15th d. 21st e. 19th 85. In lecture, your prof advocated "equality of opportunity" as best solution to the "equality" or "fairness" problems in our society. a. yes b. no 86. In class, your prof claimed that the fairest, most equal way to distribute gov't cheese b/t two qualified welfare recipients was a. each equal amt b. equal # meals c. more to hungry d. none 87. Most last half of prev century affirmative action used mostly to remedy __ discrimination. a. gender based b. religious c. ethnic d. age based e. racial 88. In your text, literacy test have been discussed in connection w/ these __?__ right to vote 89. Clear & present danger test for judging freedom of speech first arose immediately after a. 1790s b. civil war era c. WWI d. post-WWII 90. Authors of famous clear & present danger test was a. Holmes b. Warren c. Marshall D. Thomas 91. SC decision most famous for beginning application of B of R to states is a. Schenck v. US b. Gitlow v. NY c. Dennis v. US d. Whitney v. CA
92. Test used by court majority in Dennis v. US uphold conviction of members of communist party under smith act was the a. clear & present danger test b. bad-tendency test c. incitement standard d. void-for-vagueness 93. Right of persons to burn an American flag as symbolic speech protected by 1 st am upheld in a. US v. O'Brien b. Street v. NY c. Tinker v. Des Moines D. TX v. Johnson 94. Elected in Nov. 1994, the 104th congress passed revolutionary legislation dealing w/ campaign finances. A. TRUE B. FALSE 95. 1st Am. Protection for freedom of assembly was finally applied to the states in a. whitney v. California b. dennis v. US c. DeJonge v. Oregon d. Bradenburg v. Ohio 96. When gov't restricts or forbids expression before it is communicated, it is referred to as a a. grand jury subpoena b. modus operandi c. guilty verdict d. prior restraint 97. The SC declared a state "public nuisance" law unconstitutional in a. Near v. Minnesota b. Hazlewood SD v. Kuhlmeier c. Snepp v. US 98. SC has ruled that the media's use of TV in courtroom is unconstitutional in a. estes v. TX b. Chandler v. Fl c. Gannett Co. DePasquale d. none 99. Which of following true? a. formal trials must be open to public c. gag orders are unconstitutional
d. NY times v. US
b. press has absolute immunity from prosecution d. obscenity is protected speech
100. Case Branzburg of v. Hayes dealt with right of a. judges to close trial proceedings to public b. journalists to refuse answer to grand jury subpoena to disclose their news source c. media to use TV in courtroom 1. 1968, Cong. & pres have been same political party ONLY during 4 yrs of __ administration. a. Nixon b. Carter c. Reagan d. Bush e. Clinton 2. 26th Amendment to Constitution a. gave 18 year olds right to vote c. limited pres to 2 terms
b. repealed prohibition d. outlawed poll tax
3. After passing the House w/ necessary 2/3 majority, senate failed by 1 vote in early 1995 to send proposed amendment to several states that would have a. radically reformed campaign finance b. allowed for a presidential line-item veto c. required balanced federal budget d. instituted congressional term limits 4. Bicameral nominating convention would reduce substantially a. role of direct presidential primaries b. nominations for house-senate candidates c. appointments to SC d. role of electoral college
5. Perhaps the primary factor contributing to George Bush's drop in public opinion polls after early 1991 & his 1992 defeat to Clinton was his perceived lack of leadership w/ respect to a. foreign policy b. crime & law & order issues c. economy d. public education 6. 1992 pres election, Perot captured 19% of popular vote and a. none of electoral vote b. 5% electoral c. 10% electoral
d. 14% electoral
7. some types of gov't aid to religious schools permissible if the child real recipients of the aid: a. child benefits b. equal access c. moment of silence d. evolution 8. Compulsory school prayer was outlawed by SC in a. Lemon v. Kurtzman b. OR v. Smith c. Wisconsin v. Yoder
d. Engel v. Vitale
9. SC consistently has held that state laws banning the teaching of evolution in the public schools a. unconstitutional b. acceptable if also ban teaching of religion 10. Primary problems under Art of Conf that the new constitution was intended to rectify was a. economic/ political instability b. abuse of English Parliament c. absence of individual freedom d. prevalence of communitarian view 11. SC's decision in Chisholm v. Georgia was specifically overruled in a. 11th am b. 14th c. Marbury v. Madison d. contract w/ America 12. ? whether material tends to "deprave & corrupt those minds open to such immoral influences" involves what is historically called a. Hicklin rule b. prurient interests c. roth test d. miller test 13. Stanley v. Georgia deal w/ issue of a. nat'l security & classified material b. private possession of obscene material c. Victim's compensation laws d. private possession of libelous publications 14. SC's ruling in Osborne v. OH deals w/ issue raised 1 st in a. Roth v. US b. NY times v. Sullivan c. Stanley v. Georgia d. Herbert v. Lando 15. Which of following does not have to prove actual malice to be awarded libel damages? a. public officials b. public figures c. private citizens d. private corporations 16. Which of following persons actually used phrase "a wall of separation" a. Thomas Jefferson b. James Madison c. Billy Graham d. Charlton Heston 17. In ___ SC created gag order as a violation of 1st am. a. Sheppard v. Maxwell b. NY times v. Sullivan d. Chandler v. FL e. Near v. Minn
c. Nebraska Press A v. Stuart
18. in NY times v. US SC allowed publication of a. secret papers of Pres. Carter b. Top secret photos of Russian missiles
c. pentagon papers
d. book about CIA
e. Atomic bomb plans
19. Based on your knowledge of prior court decisions, which of following would not be considered de jure segregation? a. school district's estab. Of a "magnet school" where only kids of African ancestry may attend b. school district which redraws its boundaries in order to keep blacks out of school district c. result of white flight to suburbs, pop of city school district becomes predominantly black d. school board builds elementary school in neighborhoods so some largely white or large black 20. First Negro to serve on SC a. Hughes b. Thurgood Marshall
c. Byron White
d. Lewis Powell
21. Hopwood v. Univ of Texas, 5th circuit appeals court ruled that Univ could no longer a. require a Bible course to graduate b. race based admission policy c. require all students to pay blanket tax d. serve beer in student union 22. Which of following desegregated admission to UT law school in Austin? a. Sweatt v. Painter b. Humphries v. Bd of Reagents c. Dred Scott d. Anthony v. Pratt 23. Rubric describing most federal efforts to integrate American society during 1970s is a. Substantive due process b. affirmative action c. sovereign immunity d. wall of separation 24. Bakke v. University of California treats racially based admission standards to a ___ school a. graduate b. law c. medical d. divinity e. chiropractic 25. SC approved and continues to approve the use of cross-district school busing for purpose of racial integration in public schools a. false b. true 26. Private secondary schools can legally refuse to admit students on the basis of race a. true b. false 27. Which of following terms was commonly used by advocates of continued racial segregation in public schools? a. privileges & immunities of citizenship b. equal time doctrine c. wall of separation d. freedom of choice e. substantive due process 28. Famous case of ___ upheld state laws requiring blacks to use separate but equal facilities a. Sweatt v. Painter b. McLauren v. OK c. Gaines v. Canada d. Plessy v. Fergurson 29. Of cases listed below, only ___ was decided in 19th century. a. Gaines v. Canada b. Plessy v. Ferguson c. Brown v. Bd of Educ.
D. McLauren v. OK
30. Earliest case in this seqs, ___ outlawed the White Primary a. Smith v. Allwright b. Bolling v. Sharp c. Brown II d. Shelly v. Kraemer
31. Integration of our public schools with all deliberate speed is a quote from ____ a. bolling v. sharp b. shelly v. Kramer c. Brown II d. Smith v. Allwright 32. Case effectively granted blacks the legal right to vote in south a. smith v. allwright b. sweat v. painter c. bolling v. sharp d. brown v. bd educ 33. State laws in South requiring Blacks to use separate public facilities were referred to as a. Jim Crow laws b. aparteit c. ex post factor d. bloody shirt e. reconstruction 34. Which of following am were passed shortly after end of civil war? a. 13,14,15 b. 15,16,17 c. 17,18,19 d. 19,20,21 e. 21,22,23 35. What phrase did SC use in late 19th century to reconcile state-law enforced segregation in the south w/ constitutional based demands for equal protection a. separate but equal b. equal time c. freedom of choice d. privileges & immunities 36. Which of following has not been declared a fundamental right by SC requiring "strict scrutiny" of laws interfering w/ right to a. privacy b. interstate travel c. education d. vote 37. Which of following are considered immediately suspect classification subject to strict scrutiny under the 14th am equal protection clause? 1. race 2. gender 3. wealth 4. national origin 5. age 6. handicapped status a. 1,2 b. 1,2,4,6 c. 1,2,4 d. 1,2,4,5 e. 1,4(5) 38. A state law requiring a person convicted twice of crimes involving moral turpitude would be sterilized would be subjected to scrutiny stated the court in a. Jamison v. TX b. Jenkins v. GA c. skinner v. ok d. buck v. bell 39. Which of following cases did not deal w/ affirmative action? a. City of Richmond v. Croson b. Univ. of Cal v. Bakke d. Hoffa v. city Las Vegas e. Fullove v. Klutznick 40. Which am granted women right to vote? a. 15 b. 13 c. 21 d. 17 e. 19 41. SC generally refused to grant strict scrutiny to challenges to state laws brought by which a. all b. handicapped c. poor d. women e. homosexuals 42. Most discrimination cases argued asserting that a gov't has violated ___ clause of consti. a. wall of separation b. equal protection c. privileges & immunities d. necessary & proper 43. Was the constitution amended to include equal rights amendment? a. yes b. no 44. Ailan Bakke, in Bakke v. CA was
c. US workers v. Webber
a. Caucasian b. black
c. American Indian
45. Affirmative action was originally envisioned & largely used to remedy ___discrimination a. a. religious b. racial c. age d. on the job e. ethic 46. In your text, literacy tests have been discussed in connection w/ right to a. certified public school teacher b. run for public office c. graduate high school d. receive welfare benefits e. vote 47. A local ordinance or state law which negatively impacted on ___ as a group would likely be subject to strict scrutiny by SC. a. barbers b. army officers c. podiatrists d. blacks e. bricklayers 48. As it is currently interpreted by SC 1. does the constitution require publically funded care for AIDS patients 2. does the constitution prohibit publically funded care for AIDS patients a. yes, yes b. no, no c. yes, no d. no, yes 49. The privacy doctrine was first formulated by the court in which decade? a. 1960s b. 1980s c. 1940s d. 1900 e. 1920s 50. Two of leading privacy doctrine cases focused on a. rights of homosexuals b. accuracy of credit bureau reports on potential borrowers c. rights of accused d. rights of Americans to purchase contraceptives e. confidentiality of medical records 51. Prior to Roe v. Wade, most states allowed abortion to protect the life of the mother. a. false b. true 52. Under the Roe v. Wade decision does absolutely nothing to legally compel a pregnant woman to have an abortion, a doctor to perform the abortion, or a hospital to provide the care linked to the abortion. A. false b. true 53. A close reading of Roe v. Wade abortion decision supports the conclusion that states may still ban certain abortions & jail those performing them. A. false b. true 54. The court recently extended the privacy doctrine to overturn Virginia's sodomy statute. a. true b. false 55. What process explains why some of the elements of B of R restrict the actions of individual states while others do not? a. state sovereignty b. mutually assured destruction c. limited nat'l rights d. selected incorporation e. nullification 56. You hear 2 lawyers talking about the "exclusionary rule" & you know immediately that they are talking about
a. right of public schools to expel students b. delisting items from gov'ts hazardous chemicals c. admission of evidence in a trial d. race based restrictions on fraternity membership e. right of churches to exclude potential members 57. Which of the following has not been declared a fundamental right by SC? a. right to interstate travel b. privacy c. education d. vote 58. Constitutional support for the existence of rights not enumerated in the b of r can be found in the ___ am? A. 4th b. 5th c. 9th d. 1st e. 11th 59. Reynolds v. Sims and ____ require the each electoral district in an election must have about the same population as comparable electoral districts. a. ryder v. zavala b. baker v. carr c. rogers v. Arkansas d. Abraham v. Cassidy 60. to win in a libel case, the plaintiff must show ___ & ___ on the part of the defendant. a. disrespect, jealousy b. negligence, cruelty c. ruthlessness, insensitivity d. negligence, falsity e. intention to harm, cruelty 61. in studying for this exam, surely you mentioned actual malice in thinking about __ materials a. freedom of press b. freedom religion c. juvenile justice d. recent election results 62. The doctrine of prior restraint would normally be mentioned in the context of a discussion of: a. double jeopardy b. eminent domain c. freedom of press d. freedom of speech e. child abuse 63. Gag order is a. early English form of execution b. judicial order limiting press coverage of trial c. method used to conceal contraband during police search d. interrogation technique 64. The lemon test would be of interest to a ___ harassed by gov't officials. a. prostitute b. fisherman c. preacher d. thief e. civil engineer 65. Establishment clause as it is currently interpreted forbids the following in public school classrooms except: a. post 10 commandments b. requiring Bible readings c. student prayer d. recite Lord's Prayer 66. In the famed "plastic reindeer" case, the court made an accomodationest interpretation of the establishment clause a. marsh v. chambers b. gitlow v. NY c. US v. Leon d. Lynch v. Donnelly 67. Constitution by court permits funds to be used in church-operated schools to purchase all following except: a. transportation b. standardized tests c. overhead projectors d. textbooks e. lunches 68. Constitutional protected rights allow you to send children to church related grade school. a. true b. false
69. in 1940s, ___ involved in several cases challenging state regulations of infringement upon religious beliefs. a. roman Catholics b. Baptists c. Methodists d. Jehovah's Witness e. Buddhists 70. Free exercise was incorporated in SC case of __ a. Cantweell v. Conn b. Roe v. Wade c. Engle v. Vitale
d. Miranda v. Arizona
71. Referring to state laws or city ordinance challenged before the court, the combination of secular purpose, primary effect, & no excessive entanglement is called a. Lemon test b. Jefferson test c. wall of separation test d. Miranda test 72. Parallel place doctrine deals w/ a. rights of juveniles b. interstate travel c. religious education d. federal regulation e. conscientious objection to military service 73. 1st American colony that acted to protect religious freedoms was jefferson's a. NJ b. NH c. Maryland d. Virginia e. Connecticut 74. Lawyers mentioning "equal access" as that term used in text would probably be talking about the rights of ___ to use public facilities. a. handicapped b. poor c. out of state d. ethnic minorities e. church groups 75. Court ruled in Zorach v. Clauson that "released time" was clearly in violation of 1 st am rights a. false b. true 76. Prior to 1937, in its effort to limit governmental restrictions on property rights & big business, the SC cited at one time or another all following doctrines except: a. substantive due process b. dual federalism c. equal protection of laws d. vested rights doctrine e. freedom of contract 77. According to text of Constitution, am may be proposed for ratification by all except a. president b. nat'l convention requested by 2/3 states c. 2/3 vote both houses 78. According to Constitution, am can be ratified by any of following except a. ratifying convention in states b. state legislatures c. majority in us house & senate 79. United Nations Declaration of Human Rights approved by UN in a. 1908 b. 1928 c. 1948 d. 1968 e. 1988 80. Early in our course, we contrasted positive & negative rights. United nations declaration of human rights contains negative rights. Does it contain positive rights as well? a. yes b. no 81. To find the constitutional basis for the privacy doctrine, the best place to look is a. art 1 sec 8 b. 9th c. due process of 5, 14 d. 13 e. 26
82. ___V____ contains courts abortion ruling a. Einsenstadt v. Baird b. Engle v. Wright
c. Griswalkd v. Conn d. Roe v. Wade
83. Under new court ruling, states must pass legislation, to protect the health & welfare of the mother, regulating the operation of abortion clinics. A. true b. false 84. In the decision to file any type of civil suit seeking a financial award, the foremost concern of the plaintiff and his lawyer is ___ a. court in which the case will be heard b. financial resources of the respondent c. characteristics of jury d. scheduling of the trial 85. To understand the origins of the court's notion of "symbolic speech" read a. Halaby v. LA b. Sanchez v. NM c. Simpkins v. DesMoines d. Khory v. Dallas 86. Which decision supports claim that a state can buy a computer for a church related public school w/o violating the "no establishment" clause? Mitchell v. Helms 87. Many youngsters don't receive religious instruction. You want to persuade your local school board to let those students wishing to leave school early Friday afternoon to come to your church for religious instruction. From reading ____, you know that this procedure does not violate the 1st am. Zorach v. Clauson 88. Based on lectures, is there any ban in US constitution to gov't funding of church based secular social services. NO 89. "Charitable" Choice in current American usage refers to a. give poor more welfare b. using referendum elections to decide which charities get federal aid c. Gov't funding churches to provide welfare services d. incorporating charity check in tax e. letting publicly funded charities decide who they will & will not serve 90. De jure segregation = separation allowed by law 91. De facto Segregation = separation as result of practice & custom 92. Everybody has the right to rest & leisure including reasonable limitation of working hours & periodic holidays w/ pay is from UN declaration of human rights