LB 44482

subject Type Homework Help
subject Pages 16
subject Words 2368
subject Authors Joanne Banker Hames, Yvonne Ekern

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page-pf1
Juvenile cases are not subject to due process requirements.
In the Slaughter-House Cases, the Court held that the Privileges and Immunities Clause
of the Fourteenth Amendment did not incorporate any of the Bill of Rights.
The Due Process Clause authorizes any individual who commits sex offenses to be
subject to civil commitment.
The Supreme Court is strictly a court of review having appellate jurisdiction but no
original jurisdiction.
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The presidency is not a position of unlimited power.
If police obtain a confession in violation of the Miranda case, the confession could still
be used in court to impeach the defendant.
The Supreme Court has held that a case challenging voting requirements for a specific
election becomes moot once the election is over.
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Whenever any government regulation results in a decrease in property value, the owner
of the property must be compensated by the government.
The primary purpose of the power to tax is to be able to raise revenue necessary to run
the government.
Obscenity is not protected by the First Amendment.
The Constitutional Convention met to amend the Articles of Confederation, not to draft
a new constitution.
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Congress has both express and implied powers to enact laws.
A school need not tolerate student speech that is inconsistent with its basic educational
mission, even though the government could not censor similar speech outside the
school.
The Takings Clause applies to both real and personal property.
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Because of the doctrine of separation of powers, the Supreme Court does not have the
right to rule on the legality or enforceability of a presidential proclamation.
The existence of a federal law does not necessarily prohibit a state from enacting
similar laws.
The granting of a petition for writ of certiorari is a good indication that the petitioner
will eventually prevail before the Court.
Religion is defined as any belief in God.
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The Supreme Court has held that laws criminalizing sex between consenting adults are
unconstitutional
The lawmaking power of Congress is found exclusively in Article 1, section 8 of
the Constitution.
The protections afforded by the right to privacy often overlap with protections afforded
by other rights.
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The case of Brown v. Board of Education outlawed school segregation.
The Supreme Court has said that it is unconstitutional for students to pray at school.
The Supreme Court allows less government assistance to the religious institutions of
higher education than to elementary and high schools because elementary and high
schools need more aid.
A petition for writ of habeas corpus was a fundamental English right; it did not
originate in the United States.
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The Supreme Court ruled that a special prosecutor is an inferior officer and could be
appointed by the Court rather than the president.
The president has no inherent powers; all presidential powers are enumerated in
the Constitution.
At one time, the Supreme Court held that the income tax was a direct tax, and because it
was not in proportion to state population, it was unconstitutional.
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An actual controversy must exist for a court to have the right to hear a case; courts
cannot give advisory opinions.
All aspects of a criminal case, beginning with the police investigation, must comply
with procedural due process.
The Supreme Court held that an individual cannot be sentenced to death when the death
penalty in existence at the time the crime was committed is declared unconstitutional,
even if a subsequent constitutional death penalty is enacted prior to the individual's
conviction and sentencing.
The right to a jury trial in a criminal case means the
A. right to twelve jurors.
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B. right to a unanimous verdict.
C. right to an impartial jury.
D. All of the above.
The rational basis test for evaluating state laws
A. is used when a law targets a suspect class or fundamental right.
B. is the strictest standard used by the Court.
C. is the lowest standard used by the Court.
D. usually results in laws being declared unconstitutional.
Laws requiring sterilization of repeated felons
A. are constitutional because the state has a compelling reason for such a law.
B. are constitutional because repeated felons have no rights to privacy.
C. are unconstitutional because they violate a person's basic right to procreate.
D. are constitutional as long as they apply to all felons.
page-pfb
The Bill of Rights
A. was added to the Constitution after the Civil War.
B. was part of the original Constitution.
C. consists of the first 10 amendments to the Constitution.
D. Both b and c.
Which of the following is not part of the Court's decision in Roev.Wade?
A. The government cannot prohibit any abortion.
B. The government cannot prohibit an abortion prior to the time at which the fetus can
survive outside the womb on its own (viability).
C. Government regulation of abortions must meet strict scrutiny.
D. The right to abortion is protected under the Due Process Clause.
page-pfc
The Supreme Court has exclusive original jurisdiction in which of the following?
A. cases involving ambassadors, public ministers, and consuls
B. cases between two states
C. Both a and b
D. Neither a nor b
The power or authority that a court has to hear a case is known as
A. the power of judicial review.
B. jurisdiction.
C. appellate review.
D. certiorari.
Congress can delegate its responsibilities
A. to the president, but to no one else.
B. to the president or an administrative agency as long as Congress establishes a
principle to which the president or agency is directed to conform.
page-pfd
C. to the courts.
D. whenever it wants.
The powers of states to enact laws is found in
A. the First Amendment.
B. the Fifth Amendment.
C. the Tenth Amendment.
D. the Fourteenth Amendment.
Under the U.S. system of government, the judiciary has the power
A. to make laws.
B. to enforce laws.
C. to interpret laws.
D. Both a and c.
page-pfe
Which of the following would not be the proper subject of a congressional
investigation?
A. an allegation of domestic abuse lodged against a federal judge
B. qualifications of candidates for government appointments
C. conduct of the president
D. proposed legislation
Which of the following is nota fundamental right?
A. right to travel
B. right to education
C. rights of criminal defendants
D. right to vote
page-pff
Corporations have no rights under the Due Process Clause
A. to challenge a state law that requires all children to attend public school, when the
corporation owns a private school.
B. to assert the Fifth Amendment Privilege against self-incrimination when the
corporation is charged with a crime.
C. to assert any due process violation.
D. to assert a violation of the First Amendment when the corporation is a newspaper
corporation.
Diversity of citizenship
A. constitutes a basis for federal court jurisdiction under the Constitution.
B. refers to controversies between citizens of a state and citizens of a foreign country.
C. refers to controversies between citizens of different states.
D. All of the above.
Denial of unemployment benefits by the state was allowed
A. when an individual was terminated from work for refusing to work on the Sabbath.
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B. when an individual was terminated for religious use of peyote.
C. when an individual quit a job rather than work in an armament section of a factory,
which was against his religious beliefs.
D. Denial of unemployment benefits was allowed in all of the above.
The term public use in relationship to eminent domain includes such uses as
A. roads.
B. public parks.
C. historical landmarks.
D. All of the above.
Which of the following situations usually involves a political question and will,
therefore, generally not be heard by the court?
A. a controversy regarding voting rights
B. a controversy regarding whether a treaty was terminated
C. a controversy regarding reapportionment
D. All of the above.
page-pf11
Under the original articles of the Constitution, Congress was not given the power to
enact which type of tax?
A. duty
B. a direct tax that was not based on state population
C. an excise tax
D. an impost tax
Mirandawarnings must be read
A. whenever a person is questioned.
B. whenever a person is arrested.
C. whenever a person is detained.
D. whenever a person undergoes custodial interrogation.
page-pf12
An individual who challenges a state law prohibiting any business from allowing
minors to work more than 10 hours a week during the school year would probably
challenge this law as a violation of
A. substantive due process.
B. procedural due process.
C. the Fifth Amendment Due Process Clause.
D. Both a and c.
The Establishment Clause of the First Amendment
A. establishes Christianity as the religion of the United States.
B. establishes belief in God as an important aspect of the Constitution.
C. prohibits the government from establishing any religion.
D. prohibits the government from interfering in the exercise of any religion.
page-pf13
Legislative powers are found in which Article of the Constitution?
A. Article I
B. Article II
C. Article III
D. Article IV
Under Article 1 10, entitled "Powers Denied to the States," states are notprohibited from
A. entering into treaties or alliances.
B. enacting laws pursuant to a general police power.
C. passing a Bill of Attainder, an ex post facto law, or a law impairing the obligation of
contracts.
D. granting a title of nobility.
When the Supreme Court reviews laws or government practices that interfere with the
right to privacy, it uses the
A. rational basis test.
B. intermediate scrutiny standard.
page-pf14
C. strict scrutiny standard.
D. None of the above.
The Supreme Court found that reimbursing the parents of Catholic school students for
the cost of busing their children to school
A. was an unconstitutional violation of the Free Exercise Clause.
B. was an unconstitutional violation of the Establishment Clause.
C. was constitutional because it was primarily public welfare legislation, not direct
assistance to religion.
D. was constitutional because it did not involve the federal government.
The Necessary and Proper Clause
A. gives the president the right to do anything necessary and proper to carry out his
duties.
B. gives the legislature the implied power to enact laws related to its express powers.
C. gives the legislature the express power to regulate interstate commerce.
D. All of the above.
page-pf15
The legislature has the power
A. to approve presidential appointments, cabinet members, and ambassadors.
B. to impeach the president, vice president, and other national officers.
C. to make laws.
D. All of the above.
The right to court-appointed counsel for indigent defendants in all state felony cases
A. was recognized by the Supreme Court in the early 1930s with the case of
Powellv. Alabama(Scottsborocase).
B. was recognized by the Supreme Court in the 1960s with the case of
Gideonv.Wainright.
C. was recognized by the Supreme Court in the 1940s with the case of Bettsv.Brady.
D. has never been recognized by the Supreme Court.
page-pf16
Which of the following is nota criteria considered by the Supreme Court when it
evaluates the constitutionality of a state tax affecting interstate commerce?
A. whether the tax is on an activity that has substantial nexus with the taxing state
B. the amount of the tax
C. whether the taxed business or individual faces the possibility of a double tax in
another state
D. whether the tax is fairly related to services provided by the taxing state
A law banning the burning of a draft card
A. was held constitutional by the Supreme Court because it served a legitimate state
interest.
B. was held unconstitutional by the Supreme Court because it was protected as
symbolic speech.
C. was held constitutional by the Supreme Court because burning a draft card was not
any type of speech.
D. None of the above.

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