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35 Cards in this Set
- Front
- Back
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. In most European democracies partisan politics does not play a large role in the appointment or promotion of judges
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t
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In the period between the Civil War and the Great Depression the Supreme Court behaved in a deferential manner, respecting the rights of most state and congressional legislation aimed at economic regulation
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f
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When hearing a case, judges will often try to determine whether the meaning of the statute or regulation can be determined by common sense:
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a) plain meaning
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To respect precedent or the previous decisions of an earlier Supreme Court:
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b) stare decisis
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Based on studies conducted by Segal and Spaeth, which of the following two justices tend to vote alike?
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, b) Clarence Thomas and Antonin Scalia
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9. How were the 5 conservative justices able to give the presidency to George W. Bush in Bush v. Gore?
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c) They stopped the Florida manual recount by violating their own judicial philosophy which would have allowed the state to resolve the disputed election
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What is meant by amicus curiae?
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d) efforts to more accurately define and interpret a Supreme Court decision.
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. What is meant by applying the law through a civil-law tradition?
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d) a tradition where nearly all law is defined by legislative statute.
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Which of the following is true about the Austrian system of judicial review
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b) judicial review is restricted to a special constitutional court
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. To amend the Constitution requires
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, b) a two-thirds vote in the Congress to introduce and a three-quarter vote of the state legislatures to incorporate,
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The following amendment to the Constitution was adopted in reaction to a Supreme Court decision which provides for a federal income tax:
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16
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A prominent philosophy of conservatives which argues that the Constitution should be interpreted in the way that a reasonable person would have interpreted it at the time it was written:
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d) originalism theory
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. Proponents of the following claim that the framers, through the use of broad language and basic principles, intended the Constitution to be an adaptable
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, b) living constitution theory
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An ardent nationalist, the former chief justice who served for thirty-four years, leading the Court to a series of activist rulings that established a powerful institution
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, c) John Marshall
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Associate Justice Oliver Wendell Holmes Jr., upheld a congressional restriction on free speech in
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a) Schenck v. United States
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Based on the right to assemble, local governments can treat a neo-Nazi organization differently than the girl scouts to assure the public’s safety
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People are protected from cruel and unusual punishment, which includes the right not to receive a long prison term for a minor offense
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F
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8. Freedom of expression is absolute because it is critical for sustaining democratic governance over the long run
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F
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In 1951, the Supreme Court overturned the conviction of eleven members of the U.S. Communist party who had been prosecuted under a law that made it illegal to express support for the forceful overthrow of the U.S. government
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F
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According to Patterson, despite the largest sustained protest movement in America's history, during the Vietnam era and even through the Iraq wars, not a single individual was convicted solely for voicing objections to the government's war policy
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Reflecting the concern for protecting political expression, in 1968 the Supreme Court defended the rights of individuals to burn their draft cards
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F
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. Factually accurate statements, when they are damaging to a public official's career or reputation are not a protected form of expression
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F
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The Supreme Court has ruled that obscenity is a form of expression that is protected by the First Amendment, formulating a legal definition that is precise and unambiguous
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F
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. Specific individual rights such as freedom of speech and protection against self-incrimination that are constitutionally protected against infringement by government
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, c) civil liberties
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The following landmark Supreme Court decision of 1833 reiterated a limit on the Bill of Rights to continue to apply only at the federal level and not at the state level:
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a) Barron v. Baltimore,
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The process by which certain of the rights contained in the Bill of Rights become applicable through the Fourteenth Amendment to actions by the state governments
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d) selective incorporation
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12. Besides speech, what was the other exception in the Bill of Rights that was applied to the states during the 1920s and 1930s?
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a) capital punishment cases
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The following principle effectively gives Americans the freedom to voice nearly any political opinion they desire. This freedom extends to hate speech
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a) imminent lawless action test
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The landmark 1971 Supreme Court decision that allowed for the publication of stolen and secret government documents revealing the lies public officials used about aspects of the Vietnam War
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b) New York Times Co. v. United States
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The government prohibition of speech or publication before the fact:
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a) prior restraint
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In 1964, the effort by the state of Alabama to silence negative press advertisement involving attacks on civil rights workers by filing a libel suit
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b) New York Times Co v Sullivan
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. The First Amendment stipulates that a) Congress
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Congress
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. Government may not create an official state religion, favor one religion over another, or favor religion over no religion:
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a) establishment clause
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This doctrine allows government to aid religious activity if no preference is shown toward a particular religion and if the assistance is of a secular nature
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, c) accommodation doctrine
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. According to Justice John Paul Stevens, the Heller decision was based on
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d) a purely partisan position that ignored the Framer’s intent
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