quiz 3 govt 2305

The imminent lawless action test

says that speech must be likely to produce lawless action. has two criteria for speech advocating the unlawful use of force. says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action.

The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth Amendment to actions by state governments is known as ______ incorporation.

selective

The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth Amendment to actions by state governments is known as ________incorporation.

selective or selective incorporation

The "federal court myth" is the inaccurate belief that

state courts play a role subordinate to federal courts.

The structure of the state court systems is defined by

state laws

In a case involving protester Gregory Johnson, the Supreme Court ruled that burning the American flag was protected specifically as ______ speech.

symbolic

The Supreme Court has ruled that the right of free assembly

takes precedence over the possibility that the exercise of the right might have undesirable consequences.

Presidents can influence the courts by

-choosing to enforce court decisions - influencing the cases that come before courts

What constitutional amendment is of special significance for the Supreme Court when considering how to best protect individual rights from action by state and local governments?

14

In the process of selective incorporation, which is the amendment that the Supreme Court relies on to apply most, but not all, of the provisions of the Bill of Rights to actions by the state governments

14th

In the process of selective incorporation, which is the amendment that the Supreme Court relies on to apply most, but not all, of the provisions of the Bill of Rights to actions by the state governments?

14th

What constitutional amendment is of special significance for the Supreme Court when considering how to best protect individual rights from action by state and local governments

14th

How many women currently serve on the Supreme Court, as of December 2018?

3

There are ______ federal district courts altogether, with at least one court in every state.

94

Under which of the following Supreme Court cases did part of the Bill of Rights first become incorporated to apply to actions by the states?

Barron v. Baltimore

Which of the following circuit courts has jurisdiction over appeals involving patents and international trade?

Court of Appeals for the Federal Circuit

Overall, what effect has the exercise of judicial review had on the balance of power between levels of government and the branches of government in the United States?

It has increased the power of the courts by creating new powers. It has increased the power of the federal government.

What is the purpose of the writ of certiorari?

It is an order from a higher court for a lower court to produce a certified record of a case.

In 1993, a Wisconsin law that allowed lengthier sentences for hate crimes was challenged as a violation of the First Amendment. How did the Court rule?

It upheld the law because it was not aimed at free speech but at actions that were not protected by the First Amendment.

What is the source of judicial review?

John Marshall's opinion in Marbury v. Madison

In 2016, the Republican majority in the Senate announced it would not call hearings on Barack Obama's nominee,

Merrick Garland.

Which of the following Supreme Court cases was also known as the "Pentagon Papers" case?

New York Times Co. v. United States

Since the 1950s, what has been the government's approach to free speech?

Not a single individual has been convicted solely for criticizing the government's war policies. The Supreme Court has ruled that national security must truly be at risk before the government can limit speech. The Supreme Court has ruled that spoken words do not pose a true threat to national security, so Americans can speak their minds politically.

Which of the following statements are true of libel and slander

Public officials can usually be criticized freely without fear of the writer or speaker will have to pay for damages due to libel or slander Laws on libel and slander are based on the assumption that society has an ingest in encouraging media and citizens to express themselves freely

How does public opinion affect Supreme Court decisions?

Republican appointees are more likely than Democratic appointees to side with law enforcement officials instead of with the criminally accused

Which of the following statements concerning the political orientation of Supreme Court justices is correct?

Republican appointees are more likely than Democratic appointees to side with law enforcement officials instead of with the criminally accused

In which 2011 case did the Supreme Court rule that the First Amendment's protection of speech extended even to hate speech during the funerals of soldiers killed in action?

Snyder v. Phelps

Which of the following statements concerning the Constitution and the judiciary is true?

The Constitution is silent concerning the approach that judges should take in deciding cases where the law is not completely clear.

Why is it impossible to firmly settle the argument over judicial restraint and activism?

The Constitution offers no specific method of decision making

Which of the following statements are true concerning the Supreme Court's decisions involving symbolic speech?

The Supreme Court has protected symbolic speech nearly as vigorously as actual speech. The Supreme Court has ruled that burning an American flag is a protected form of symbolic speech.

Judges might not be able to use legal precedents if their cases

fall in between competing precedents. have significant differences from precedents.

The Supreme Court decision in Schenck v. United States established which principle?

The federal government can restrict free expression but it does not have unlimited authority to do so.

Which of the following is not part of the Missouri Plan for selecting state-level judges?

The political parties nominate judicial candidates to run for office.

Which statement is true regarding decisions made by the federal courts of appeals?

The vast majority of their decisions are final, in that the Supreme Court accepts only a small fraction of appeals.

Which of the following statements correctly describe U.S. district courts?

They are the chief trial courts of the federal court system. They are the only federal courts where cases are decided by a jury.

Amicus curiae briefs have what impact on the American legal system?

They help the court to understand how interested parties feel about the case in question.

The only type of federal court that features two sides presenting a case to a jury for a verdict is

a district court

Following oral argument, the Supreme Court justices meet in complete privacy and secrecy to discuss and vote on the case. This meeting of the justices is called

a judicial conference

England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.

act of toleration

The Supreme Court receives most of its cases through which jurisdiction?

appellate

The Supreme Court has

appellate jurisdiction, original jurisdiction

The doctrine of judicial restraint implies that it is the duty of judges to

apply the law.

The Constitution specifies that all federal judges, including Supreme Court justices, shall be

appointed by the president and confirmed by the Senate.

the u.s. district courts

are the lowest federal courts.

Interest groups that rely on a judicial strategy to advance their cause are careful in their choice of

cases that have a chance of success.

Twelve of the thirteen federal appellate courts cover specific geographic regions, which are called

circuits

The type of state law that involves such issues as business disputes or divorces is known as

civil law

The Constitution establishes the Supreme Court. Which entity is empowered by the Constitution to establish the lower federal courts?

congress

Concerning symbolic speech, the Supreme Court has generally held that government regulation of the ______ of a message is unconstitutional. (This was illustrated by a Texas flag-burning case; the state of Texas actually burns old flags to dispose of them.)

content

which of the following federal court levels does not have original jurisdiction

court of appeals

The type of state law that involves issues such as shoplifting, murder, and rape is known as ______ law.

criminal

The Supreme Court, recognizing public opinion in the Brown v. Board of Education case, required local school systems to

desegregate "with all deliberate speed" instead of immediately.

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the

establishment clause

True or false: In a 1992 cases involving a St. Paul, Minnesota city ordinance, the Supreme Court ruled that the government can restrict hate speech as it causes "anger or alarm.

false

True or false: In a 1992 cases involving a St. Paul, Minnesota city ordinance, the Supreme Court ruled that the government can restrict hate speech as it causes "anger or alarm."

false

True or false: The Supreme Court's decision gives the legal basis for the Court's ruling.

false

Federal courts usually do not intervene in state court matters unless a ______ issue or law is involved.

federal

In 2017, the Republican-controlled Senate abolished the use of the ______ as a way to prevent a Supreme Court nominee from taking a seat on the Court, thus diminishing the likelihood that a nominee will be blocked on the basis of partisanship.

filibuster

According to the doctrine of judicial restraint, judges should

generally defer to the policy decisions made by elected officials.

The reason that precedent is important for judges is that it

gives predictability to the law so people know what is legal.

The establishment clause of the Constitution restricts which of the following?

government from favoring one religion over another government from supporting religion over no religion

Appellate courts review which aspect of lower court decisions?

how lower court applied the law

The barrier to restrict speech established in Brandenburg v. Ohio is best described as

imposing

Judicial review is a term that refers to the power the Supreme Court has to

invalidate a law or action on constitutional grounds.

The written brief in a court case

is an argument by a party to the case as to why its position should be upheld by the court

Administrative law is a type of law that

is set by government agencies

alexander Hamilton said that the power of the Supreme Court rested on the power of

jed

Statutory laws are created by which branch of government?

legislative

each of the 50 states

maintains its own court system.

An opinion in a case that is agreed upon by at least five of the nine members of the Supreme Court who participated in the decision is called the

majority opinion

Compared with Republican presidents, Democratic presidents have appointed ______ to the federal bench.

more minorities more women

The Supreme Court tends to hear cases

of substantial legal significance

Which of the following are issued by the Supreme Court after hearing a case?

one or more opinions a decision

A Supreme Court ______ explains the justices' legal basis for their decision.

opinion

When a majority of the Supreme Court justices agree on a decision but not the legal reasoning behind it, the Court issues a ______, which is the opinion having the most justices in support of it.

plurality opinion

Supreme Court justices tend to vote according to their personal

political attitudes

In his book Electing Justices, Richard Davis likens Supreme Court appointments in the era of party polarization to

political campaigns

The nominating process for the Supreme Court places high importance on which of the following aspects of a potential Supreme Court nominee?

political philosophy legal credentials

Free speech is usually protected in the United States unless it

presents a clear and present danger to others. leads to imminent and lawless action. involves false commercial advertising claims.

Under the common law tradition, judges should base their decisions on

previous judicial rulings.

the attempt to block the publication of material considered to be harmful is known as _____ restraint

prior

In Gitlow v. New York, the Supreme Court ruled that the Bill of Rights

protects individuals from actions by state governments as well as the federal government.

Appellate courts

review whether a lower court correctly applied and interpreted applicable law.

Recent Supreme Court appointees have come overwhelming from what background?

the appellate courts

To whom or what does the president typically delegate the task of identifying nominees to lower-court positions?

the deputy attorney general

what are the religious clauses in the first amendment

the establishment clause the free-exercise clause

In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

the imminent lawless action test

The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld which of the following?

the right of an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors

In Lemon v. Kurtzman, the Supreme Court ruled that the state funding of salaries for teachers at parochial schools, even if they taught secular subjects, violated the establishment clause because

the teachers could use classroom time to teach religious subjects.

True or false: Studies by political scientists have shown that Supreme Court justices tend to vote according to their political attitudes.

true

Alexander Hamilton said that of all the branches of government, the Supreme Court was the

weakest

Presidents typically nominate people to lower-court judgeships

who share the same political party as they do.