Street law last unit – Flashcards

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question
Which of the follow statements are true A the bull of rights was designed to protect againts the power of the federal gov't. B most protections in the bill of rights have been applied to the states though the 1st amendment C there are 30 amandmentsto the US constitution D the bill of rights was designed to limit both federal and state government power
answer
A
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Murray orr is arrested for screaming obscenities on his front lawn at 3:00 in the morning. What restriction justifies limitation on his speech? A symbolic speech B commercial speech C over inclusive D time place and manner
answer
D
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Which of the folkowing statements is true A the rights in the US constitution are absolute B. The constitution protects people from action by the gov't C suing for biolations of constitutional rights is a swift and inepensive process D states can take away federal constitutional rights though state statues
answer
B
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The point of this political cartoon is that the american civil librities union A should habe been included in writing the US constitution B. Is a powerful force in shaping what the constitution means C. Does a bette job than the senate in rstifying the selection of judges D none of the above
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B
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Ernst seawright makes a speech on apublic street corner that causes a riot. What limitation applies? A. Commercial speech B. Obscenity C. Incitement test D time place and manner
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C
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Thar mayor of whitville attempts to pass a law outlawing street meetings in his town. Why cant he do this? A the establishment clause B. The free exercise clause C the second amendment D. The first amendment
answer
D
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George smith was arrested for disterbing the peace. He was arrested while preaching to pedestrians at a train station in a loud, irritation and harrassing tone. Which limitations applies A time plave and manner B. Obscenity C balancing test D. Commercial speech
answer
A
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An attempt by th government to orevent the printing of a news story involves A sheikd laws B the establishment clause C prior restraint D sedition laws
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C
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The first amendment protects us form A freedom of speech B government censorshio C governments right to bear arms D freedom of petition
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B
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Martha owens and her band are fined for playing their music so loud that it disturbed their next door neighbors. What limitation applies? A commercial speech B incitement test C time place and manner D clear and present danger
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C
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In the case of the gag order, the judge wa concerned about the defendants right to A an impartial judge B. Privacy C. A fair trial D. Accurate media coverage
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C
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Which law requires federal agencies to release certain information in their files to the public A freedom of press act B freedom of information act C freedom of association act D. Freedom of complicance act
answer
B
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Marco lopez makes a speech in lincoln park urging people to burn the city hall down and get rid of the communists in city hall! A crowd armed with tourches begins to march toward city hall. What limitation applies A obscenity B time plave and manner C balence tesy D incitement test
answer
D
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Alisa is calling for students a ridgewood high school to protest against the cafeteria food by destroying the building at 2:00 pm. A group of senoirs agrees with alisa anf they meet to come up with a plan of action. What limitaion applies? A incitement test B commercial speech C obscenity D balencing test
answer
A
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In the case involving the pentsgon papers, the supreme court ruled the censorship was A valid becaus the information contained classified military secrets B valid because the information had been leaked unlawfully C un constitutional because the information had come directly from a government employee D unconstitutional because the information posed no present and immediaye danger to nationial security
answer
D
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Which one of the following is a purpose underlying free speech? A. A unified country is strengthened though promoting similar views B. Self governing requires that people obtain information for only a few sources C. The marketplave of idess enables truth to emerge from only a few opinions D the safty valve allows individuals to express their ideas rather than use force
answer
D
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Erol requests a federal angency to provide him with certain information in its files. The angency may lawfully refuse his request based on A national security B administrative incovenience C cost of copy D embarrassment to government officials
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A
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Based on the ruling in the criss burning case, expressive conduct A can be punished when another is deeply offended B. Can be banned when historically the expression is associated with violence C. Cannot be punished on the basis of its messgae of hatred towards a minority D cannot be punished because it is fully protected by the constitution
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C
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Beth lenton is standing on the street corner distributing pornographic photos. What Limits applies? A. Obscenity B clear and lresent danger C time place and manner D incitement test
answer
A
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Congress passed a law making it a crime to knowingly transmit indecent messages to persons under 18. This violates the 1st amendment because the average person would not understand what was meant by indecent messages. Thisis an example of A over inclusiveness B obscenity C vagueness D time place and manner restrictions
answer
C
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Buttons, arms bands, and religious emblems may be examples of A assembly rights B pure speech C symbolic speech D assocition rights
answer
C
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A journalist has successfully established a qualified privilege the protects his confidential source. This privilege must have been based on A 1st amendment freedom of the press B the states sheilded law C a gag order D cease and desist order
answer
B
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In the case of tinker v. Des Moines school district A. Students at a suburban high school supported the US actions in Vietnam B. The question raised was " was the disruption brought about by the symbolic speech of the students enough to allow restriction of their speech?" C. The school district won the final decision D. Students were suspended for using fighting words
answer
B
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The standard that freedom of expression "does not end at the schoolhouse gate" was established in a case involving A. School prayer B flag burning C. Students marching on the principles office D. Students wearing armbands to protest the Vietnam war
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D
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In which of the following places is freedom of speech least restricted A. Military bases B. Prisons C. Public forums D schools
answer
C
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Based on the ruling in hazelwood v. Kuhlmeier, a student newspaper would probably A. Not be allowed to print an editorial critical of the way president bush was handled the occupation of Iraq B. Not be allowed to print a " for and against " article on a constitutional amendment banning flag burning C. Be allowed to print an article critical of a school board decision requiring community service of all high school seniors D. Be allowed to print an article urging students to join white power and Neo-nazi groups to stop minorities in the school from "getting to much power"
answer
C
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Which of the following could be part of the US Supreme Court's dissenting opinion in the case of Wisconsin v. Yoder A. Life in an Amish community is essential for practicing this faith B. The Wisconsin law interferes with the free exercise of religion for the Amish C. Education though age 16 is necessary for students to achieve economic self-reliance D. It is the parents' liberty to direct the upbringing of their children
answer
C
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The establishment clause A was considered to establish a "wall of separation " according to Thomas Jefferson B. Deals with people's right to practice their beliefs C. Makes secular government unconstitutional D. Invalidates the rule of freedom of religion
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A
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Legitimate penological objectives include A security B. Safety C. Orderly running of the institution D. All of the above
answer
D
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Hyung joon Kim was deported after the US Supreme Court decided that the federal law that allowed deportation without a hearing of permanent eyeholes had committed certain crime did not violate A. Substantive due process B procedural due process C. Neither a nor b D both a and b
answer
B
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The courts have generally held school-sponsored prayer during regular school hours to be A. Allowed if done before classes begin B. A violation of the 1st amendment C. Allowed if a time for silent prayer is set aside D. Never allowed even if students just pray to themselves
answer
B
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The free exert clause is associated with A. Religion B. Press C. Assembly D. Athletics
answer
A
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The supreme Court uses a three-part test to decide whether a law violation of the establishment clause. Which of the following is part of the test? A. The operation of of the law must foster excessive entanglement of government with religion B. The primary effect of the law bust do either advance door not prohibit religion C. The law must have a religious purpose D. The primary purpose of the law must be to promote belated
answer
B
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In goss v. Lopez the US Supreme Court determined that due process rights of students suspended for 10 days or less were violated because the schools did not provide A. Oral or written notice of charges B. Explanation of the evidence against the students C. An opportunity for students to present their Side or the story D. All of the above
answer
D
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A sex offender released from prison complaint that personal information about him was included on a state sponsored Internet site. He claimed that listed his for Bashan without a court hearing to determine whether he was currently dangerous violated his right to A substantive due process B. Procedural due process C. Freedom of expression D. None of the above
answer
B
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The due process procedures required in specific situations depend on A. The seriousness of the harm that might be done to the citizen B The risk of making an error without the procedures C. The cost to the government, and time and money, of carrying out the procedures D. All of the above
answer
D
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The Establishment clause is associated with A. Speech B. Religion C. Press D. Assembly
answer
B
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Which would most likely violate the establishment clause A. Clergy giving benediction at public school graduation ceremony B. Bus fare for children attended private schools C. Provision of military chapels in Chaplains D. Sunday closing laws
answer
A
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Which would most likely be protected by the freedom of religion clause of the 1st amendment A tax exemptions for churches and other religious buildings B. Loan of science textbooks to a parochial school C. Display of a Christmas tree and Santa Claus on public property D. All of the above
answer
D
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Doctors in one state claimed that the law making it a crime to assist another person in committing suicide violated the due process clause. The state argued that A. There is a right of mentally competent, terminally ill adults to commit physician assisted suicide B. It's interest in preserving life outweighs an individual's interest and physician-assisted suicide C. It's assisted suicide law violates the process D. None of the above
answer
B
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Under under the astonishment cause, a state may provide which of the following to religious schools(on the same basis as to public at other private schools)? A bus transportation B Science and math textbooks C student lunches D all of the above
answer
D
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Under the free exercise clause of the First Amendment, which of the following statements is true? A. A state requirement the children attend school until age 16 is constitutional as applied to the Amish B Sunday clothes if laws that economically birded those who do business on Sunday because their sabbath is on Saturday are unconstitutional C. Requiring a person to work on the day of his or her Sabbath in order to collect unemployment benefits is unconstitutional D. Punishing one who practices human sacrifices as a part of his or her religion is unconstitutional
answer
C
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In analyzing whether Suspicionless drug testing of political candidate is Constitutional, the Supreme Court A examined whether or not there is a problem of drug use by politicians C. Determine whether there is a compelling state interest in a drug test B. Balance the privacy rights of candidates with the states it just did have a drug-free officials D. Determine whether or not people object to drug testing
answer
B
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Which of the following statements is true today? A. There is a movement to live it privacy projections under the US Constitution B. There is a movement to expire privacy protections under the U.S. Constitution C. There are a few state laws protect the privacy D. There is little popular support for privacy
answer
A
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Which is true of the family educational rights and privacy act A students may have access to their high school records B parents they have access to the children school records C police they have access to all students school records D Army recruiting officers may have access to all students school record
answer
B
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Where is privacy protected the most A. Airport B. Schools C work D home
answer
D
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Overturning a 1986 case, the United States Supreme Court ruled that the sexual practices of two consenting adults in their own home A. Are protected by the constitutional right to privacy as a fundamental right to be left alone B are not constitutionally protected C. Cannot be alive but could be the subject of civil action D. None of the above
answer
A
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And deciding cases involving discrimination based on race, national origin, citizenship status, or some fundamental right, the court use the A balancing test B. Rational test C. Substantial relationship test D. Strict scrutiny test
answer
D
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Discrimination A. Is sometimes legal B. Is always illegal C. Is a crime D. None of the above
answer
A
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In deciding cases involving discrimination for reasons other than race, national origin, citizenship status, gender, or involving a fundamental right, the courts use the A balancing test B. Rational test C. Substantial relationship test D strict scrutiny test
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B
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In deciding cases involving discrimination based on gender, the courts use the A balancing test B. Rational test C. Substantial relationship test D strict scrutiny tes
answer
C
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Brown v. Board of education of Topeka made it illegal to segregate A restaurants B. Schools C places of work D all of the above
answer
B
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Which of the following would be inappropriate for an employer to ask a prospective employee about during a job interview A previous work experience B. Intentions to have a family C citizenship D prior convictions
answer
B
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Which of the following jobs is covered by the fair labor standards act requiring a minimum hourly wage? A newspaper delivery B part- time retail jobs held by full time students C jobs the recurve tips D assembly line workers
answer
D
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Overtime wages A do not apply to salaried workers B apply to those who work commission C are not required by law D must be double the regular hourly wages
answer
A
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Which of the following causes for firing is considered legal A membership in a union B. Poor performance on the job C. Are used to pay for overtime D are used to pay for fringe benefits
answer
B
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Federal and state taxes that are withheld from paychecks A are done so by the government B are done so by employers C are used to pay for overtime D. Are used to pay for fringe benefits
answer
B
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Unions are allowed by law to A organize strikes B picket to publicize disputes C conduct protests regarding hazardous conditions D all of the above
answer
D
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The federal program which pays retirement disability or death benefits to workers and families is called A. Collective bargaining B social security C labor relations law D fringe benefits
answer
B
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The agency that considers claims of unfair labor practices is the A national labor relations B occupational safety and health administration C fair labor standards agency D federal union administration
answer
A
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What are health life and disability insurance called when provided by an employer at no or low cost to an employee A social security B taxes C fringe benefits D none of the above
answer
C
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Which of the following statements about the occupational safety and health administration is true? A OSHA conducts on site inspection B. OSHA assists workers in filing lawsuits C. OSHA assists workers in collecting money damages D. OSHA cannot issue citations to employers if safety hazards exist
answer
A
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Which of the following actions is illegal A reading employees email messages B drug testing of railroad employees C wiretapping D searching employees as they arrive and leave work
answer
C
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What is payment by the company for the loss of a job A unemployment compensation B social security C severances pay D none of the above
answer
C
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Which of the following is true regarding unemployment compensation A only 25 states have it B. It protects a person only if the job loss is not the workers fault C it is collected from taxes on employers D workers are eligible if they are fired for misconduct
answer
C
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