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Flag burning is: illegal Codified law can also be referred to as ________ law. statutory The rigid reading and interpretation of the law is called: strict construction. Equal protection of the law states that like people must be treated in like ways by the government. True An opinion that disagrees with the majority is called a/an ________ opinion. dissenting The federal court system contains twelve district courts. False Overturning a lower court's decision, the U.S. Supreme Court held in ________ that "The State's privilege to strike individual jurors through peremptory challenges is subject to the command of the Equal Protection Clause." Batson v. Kentucky How the Constitution may be amended is found in: Article 5 "Law" can be defined as: a body of rules promulgated to support societal norms, enforced through legal consequences. A case with the caption State of South Carolina v. Jones is most likely a ________ case. criminal The present Supreme Court is considered by many to be: conservative Case law is also known as common law. True Article 3 of the U.S. Constitution: established the Supreme Court and inferior courts. A ________ is a definitive source of material written about a specific topic or area of study. treatise Criminology is an example of ________ literature. scholarly All cases produce opinions, particularly at the trial court level. False ________ were colonists who opposed a strong federal government. Anti-federalists Opinions provided by judges expressing their thoughts on issues not essential to the court's decision are called: dicta The criminal justice system has three components: law enforcement, courts, and corrections. The juvenile justice system has two components: courts and corrections. False Prior restraint refers to: government restricting the publication of certain material. The Constitutional Amendment that applies to racial profiling is: the Thirteenth and Fourteenth Amendments

22. The Constitution is considered a "living law" because: it has the ability to change to meet current needs. 23. Opponents of capital punishment most frequently cite this amendment: the Eighth Amendment. 24. The statement "government of the people, by the people, for the people shall not perish from the earth" is part of the: Gettysburg Address 25. Which of the following statements is true regarding common law? All are true 26. In the 1960s, the Supreme Court was considered to be a liberal court under ________ . Chief Justice Earl Warren 27. The Supreme Court has held that without a compelling state interest the statutorily imposed racial segregation in correctional facilities is unconstitutional. True 28. In ________, the courts ruled that there was no express right of an individual to keep and bear arms. Stevens v. United States

29. The 1954 ruling that "separate but equal" facilities were illegal was handed down in: Brown v. Board of Education of Topeka I. 30. ________ authorized the withholding of federal funds from educational institutions that engaged in sex discrimination. Title IX of the Federal Education Act of 1972

31. The ________ made it illegal to interfere with recruiting or drafting soldiers or to do anything to adversely affect military morale during World War I. Espionage Act 32. The standard of reasonable accommodations must be made for prisoners to practice their religious faith is the holding from: O'Lone v. Estate of Shabazz. 33. The Brady Act's mandatory five-day waiting period on all handgun purchases was an interim provision that expired in 1998; it was replaced by the permanent provision of a mandatory, computerized National Instant Criminal Background check System (NICS). Some states, however: failed to implement the provision.

34. A Supreme Court appointment is a lifetime appointment. True

35. In ________, the U.S. Supreme Court struck down a 1990 federal law aimed at banning firearms in schools, ruling that Congress had exceeded its power. United States v. Lopez

36. A claim that is not legally protected is called a: privilege 37. The power of the Supreme Court to analyze decisions of other government entities and lower courts is called: judicial review 38. A tort is a: civil wrong 39. Assessing the current status of a case and determining whether the original holding has been overturned is called ________ a case. shepardizing 40. The Court refused to incorporate the Second Amendment into the Fourteenth Amendment in: Presser v. Illinois 41. An example of popular literature is: Newsweek 42. Jim Crow laws, state passed, segregated blacks from whites in schools, dining areas, recreational areas, hospitals and cemeteries. True 43. In ________, the Supreme Court ruled that the previous and routine practice of censoring and discarding prisoners' legal petitions to courts was unconstitutional. Ex parte Hull 44. Appellate court decisions of the federal and state courts are examples of: primary 45. The Supreme Court's decision to review a case is entirely discretionary. True 46. American Jurisprudence is an example of: a legal encyclopedia 47. The ________ doctrine prevents the court from getting prematurely involved in a case that may eventually be resolved through other means. ripeness 48. Government may restrict certain religious activities except: speaking out in dissatisfaction with the government.

49. Failure of the court to protect those who come before it from undue adverse publicity may result in a higher court declaring that the trial was unfair and overturn the conviction, as in ________. Sheppard v. Maxwell 50. The Gun Control Act, passed in 1968, banned federal licensees from selling firearms to: all of these choices 51. Reverse discrimination: is a byproduct of affirmative action programs. 52. ________ holds that only the provisions of the Bill of Rights fundamental to the American scheme of justice are applied to the states through the due process clause of the Fourteenth Amendment. None of these choices 53. According to the FBI's Uniform Crime Reports, approximately ________ percent of the 16,137 murders in the United States in 2004 involved a handgun. 78 54. The purpose of the Brady Act was to ensure that those obtaining firearms receive training in proper use and storage of their weapon(s). False 55. Horton v. California, 496 U.S. 128 (1990) is an example of: a legal citation 56. The First Amendment deals with all of the following except: freedom from unreasonable search and seizure. 57. The concept whereby free, independent individuals agree to form a society and to give up a portion of their individual freedom to benefit the security of the group is known as: the social contract. 58. Rules and regulations, as in traffic laws, are considered: substantive law 59. The Gun-Free School Zones Act, a federal law banning guns near schools, was found by the Supreme Court to be: unconstitutional 60. A charter is a document establishing how a community or colony chooses to govern itself. False 61. The Supreme Court has: one chief justice and eight associate justices. 62. Racial minorities treated more harshly than whites at arrest and sentencing points, but not at any other point within the criminal justice system is an example of: contextual discrimination 63. The first three articles of the Constitution establish: the legislative, executive and judicial branches of government. 64. Symbolic acts are not included within the protection of the First Amendment. False 65. The first ten amendments to the Constitution are known as the: Bill of Rights. 66. The First Amendment rights of prisoners are examined using the ________ test. "rational basis" 67. An example of secondary information sources would be all of these choices. 68. Constitutionalism refers to a government in which power is distributed and limited by a system of laws that must be obeyed by those who rule. True 69. The ________ overruled the Dred Scott decision. Thirteenth and Fourteenth Amendments 70. The president is the commander in chief of the armed forces, but the legislative branch declares war and authorizes payment for it; this is an example of the checks and balances found in: Article 3. 71. The ________ of a case is the rule of law applied to the particular facts of the case and the actual decision. holding 72. The Articles of Confederation were found to be inadequate as the foundation for an effective government because they: lacked a balance of power between the states and the central government.

73. Returning a case to the lower court for further action is called: remand 74. The ________ allows off-duty and retired officers to carry concealed weapons throughout the country, regardless of state or local firearms restrictions. Law Enforcement Officers Safety Act 75. ________ is a standardized way of referring to a specific element in the law. legal citation 76. The Second Amendment was drafted mainly to: allow for a well-regulated militia 77. ________ established that the Supreme Court has the authority to nullify and void an act of Congress that violates the Constitution. Marbury v. Madison 78. The Magna Carta: was drafted in England prior to the establishment of American colonies. 79. With regard to the First Amendment, freedom to believe and freedom to act are treated as one concept. True 80. In passing the Alien and Sedition Acts, Congress attempted to specifically limit: Speech 81. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) is an example of a: string cite 82. ________ remains the only Supreme Court case that specifically addresses the Second Amendment's scope. United States v. Miller 83. Freedom of religion is commonly discussed in terms of: the establishment and free exercise clauses. 84. The requirements for a fair trial are found in: the Sixth Amendment. 85. The Quartering Act: required colonists to feed and house British soldiers.

86. Court cases involving gun control issues appear to come down more often in support of: . individual rights 87. To constitute an obscenity offense there must be: All of these choices. 88. The ________ was the first effort by the federal government to regulate firearms. National Firearms Act of 1934 89. ________ held that the Supreme Court can review and reverse state court decisions and can review pending state cases. Martin v. Hunter's Lessee 90. In ________, Congress reserved the right to limit the jurisdiction of federal courts, including the Supreme Court. Ex parte McCardle 91. By federal statute, a term of the Supreme Court always begins on: the first Monday of October 92. A 2000 survey by the Funders' Collaborative for Gun Violence found that most states have adequate or more than adequate gun control legislation. True 93. ________ is a legal principal requiring that precedents set in one case be followed in cases having similar circumstances, thus assuring consistency in the law. Stare decisis 94. According to the FBI, of the 57 officers feloniously killed during 2004, ________ were shot to death. 36 95. When the Court grants ________, it will hear and decide that case. certiorari 96. "Due process of law" and "equal protection of the law" are the two rights which have been the basis of most modern cases in constitutional law. True 97. When an attorney submits a petition for certiorari, the attorney is asking: a supreme court to accept their case for review 98. Pluralism is defined as: a society in which many distinct ethnic, religious or cultural groups coexist within one nation, each contributing to the societal whole.

99. The "imminent lawless action" test replaced the "clear and present danger" test. True