In the case of_____-, the U.s supreme court explicitly ruled that constitutional protection of civil liberties applied only to the actions of the federal government
a) Barron v. Baltimore
b) tinker v. DesMoines
c) Gitlow v. New York
d) Texas v. Johnson
e) Marbury v. Madison
Which justice of the U.S Supreme Court shaped the supreme Court's role in the nation during the federal judiciary's early years?
a) john jay
b) john rutledge
c) john marshall
d) john roberts
e) william rehnquist
the U.S supreme court first interpreted the right of freedom of speech afforded by the Bill of rights as a restriction on state governments in the case of
E) gitlow v. new york
in what u.s supreme court decision was the freedom of the press frst included under the fourteenth amendment in an effort to protect individuals from actions by state and local officials?
E) near v. minnesota
which of the following is NOt a liberty protected under the first amendment?
D) the right to bear arms
the free exerciseclause of the first amendment has been expanded largely through legal challenges mounted by which religious denomination?
E) jehovah's witnesses
the _____ standard places the burden on the government to demonstrate the necessity of a specific law in order to outweigh an individual's free exercise rights.
E) strict scrutiny
The clear and present danger test was established by the U.S supreme court in its decision in the case of
E) schenck v. united states
the u.s supreme court decision in brandenburg v. ohio dealt with the issue of
B) freedom of speech
which of the following is a limit on freedom of speech NOT generally accepted by the courts as constitutional?
B) prior restraint
as a result of miller v. california (1973), the current test for obscenity is based on
B) community standards
the exclusionary rule prevents
D) the prosecutor from using improperly obtained evidence
before a judge will issue the police a warrant authorizing a search the police must establish
D) probable cause
the right to have an attorney present during police questioning while in custody emerged from the U.S supreme court opinion in the case of
C) miranda v. arizona
criminal due process protections are found primarily in the
B) sixth amendment
in its 1976 decision in the case of _____, the U.S supreme court reactivated the deat penality in the U.S
C) gregg v. georgia
in its decision in furman v. georgia, the U.S supreme court ruled ______ unconstitutional
B) the death penalty
the prohibition against cruel and unusual punishment can be found in the
B) eight amendment
the U.S supreme court first explicitly recognized a right to privacy in the 1965 case of
B) grisworld v. connecticut
the idea that there are two court systes, state and federal, which share jurisdiction for the law, is referred to as a(n)
A) dual court system
legal proceedings in which the government seeks to prove taht an individual is guilty of a crime and deserves punishment for that crime are generally referred to as
E) criminal prosecutions
legal actions filed by individuals seeking remedies from private parties for contract violations, personal injury, and related issues are generally referred to as
E) civil lawsuits
civil lawsuits are presented in
A) state and federal courts
a court with the authority to hear a case in the first instance, such as a trial court, is said to have
B) original jurisdiction
courts that examine allegations concerning uncorrected errors during trials are usually referred to as
D) intermediate appellate courts
which of the followig is an example of a court of last resort?
D) the u.s supreme court
a concurring opinion refers to an opinion written by a judge who
A) agrees with the decision of the majority but wishes to present an alternative reason for their opinion
a dissenting opinion refers to an opinion written by a judge who
A) disagrees with the decision of the majority
a higher court can call up a case from a lower court by issuing a/an
A) writ of certiorari
where in the U.S constitution can the power of judicial review be found?
a) article 1 of te constitution
b) article II of te constitution
d) the 8th amendment to the constitution
e) nowhere in the constitution
e) nowhere in the constitution
a legal order under which a court directs a government official to take a specific course of action as required by law is generally know as a
E) writ of mandamus
the idea that judges sometimes interject their own opinionsand preferences into their decisions and constitutional interpretation is sometimes referred to as
E) judicial sovereignty
followers of the original intent doctrine are sometimes referred to as proponents of
E) judicial activism
congress created the department of energy to
A) encourage fuel efficiency and develop news soures of energy
which federal department was established during the 1960's?
B) energy
which department was created as a sesponse to the attacks of september11, 2001?
E) department of homeland security
which american president was assassinated by a disappointed office seeker in 1881?
E) james garfield
the use of private military contractors and civilian interrogators in iraq is an example of
E) privatization
which of the following is NOT a critique of privatization of some governmental services?
D) in theory, businesses are better than government bureaucracy at
finding ways to save money
most analysis today view the concept of the iron triagle as a(n)
