LAW 201 FINAL

In the context of higher education, the Supreme Court has held that diversity is a compelling governmental interest.

True

In the event that a medical patient is incompetent to express her wishes regarding medical care, states may place heightened evidentiary (proof) requirements on a surrogate decisionmaker who wants to withdraw life-sustaining measures.

True

Obtaining a diverse student body at colleges and universities justifies a college/university admissions process that considers race as one of many factors when making admissions decisions.

True

Public school officials may lead students in patriotic exercises, such as the Pledge of Allegiance, each day as long as participation in such activities is purely voluntary.

True

Race-based classifications trigger strict scrutiny and must be narrowly tailored to serve a compelling governmental interest.

True

The Supreme Court has held that burning a cross may be punishable if it is done with the intention of threatening an individual or group, but several justices have suggested that it is not punishable if it is done to identify oneself with an organization or express an ideology.

True

The United States Constitution is the supreme law of America.

True

The right to keep and bear arms is subject to reasonable regulation by the government.

True

The administrative agency created by Congress to oversee the use of the airwaves for broadcast communications is the __________.

Federal Communications Commission (FCC)

Which of the following is an example of a physical characteristic?

Fingerprint

Freedom of speech includes the right not to speak.

True

The division of governmental authority between a central government and regional (state) governments is known as __________.

federalism

A writ of certiorari __________.

is a discretionary device used by higher courts to determine which appeals it will hear from lower courts

A state may advance its interest in maternal health and potential life through which of the following methods?

Require that the woman be given information regarding abortion and abortion alternatives prior to receiving an abortion. Require that a woman wait 24 hours after receiving information about abortion before actually receiving the abortion itself. Require that a pregnant minor obtain either parental consent to ora judicial approval of the abortion.

The majority opinion in D.C. v. Heller suggested that some restrictions on the Second Amendment right to keep and bear arms were probably permissible. Which of the following was not included in the list of presumptively permissible restrictions?

Restrictions that firearms be kept locked up, disassembled, or otherwise disabled when not in use.

A public school may, without violating the Establishment Clause of the First Amendment, do which of the following?

Set aside time at the beginning of the day for a moment of silence, without any official suggestion as to how that moment of silence might be used.

In a case involving a state law that allows doctor-assisted suicide in some situations, the Supreme Court declared that using controlled substances to help a terminally ill patient commit suicide is not a legitimate medical practice, and therefore a violation of the federal Controlled Substances Act.

False

In light of the modern "duty to retreat," self-defense was specifically rejected by the Supreme Court as an argument in favor of the right to keep and bear arms.

False

In the interest of full and robust political debate, states may require that privately owned newspapers devote equal space to proponents of opposing views.

False

Law enforcement officers must first obtain a warrant before setting up visual surveillance of a person's home from a car parked on the side of a public road across the street.

False

Speakers who know that they have a controversial and unpopular message must be careful to present that message in a manner calculated to minimize the number of people who are upset or offended by it.

False

States may forbid all access to birth control by married couples in an attempt to reduce extra-marital sex.

False

The Equal Protection Clause of the Fourteenth Amendment, by its very language, is directed at racial discrimination by private individuals only.

False

The Supreme Court has announced that race-conscious affirmative action policies for public colleges and universities are mandatory and will be a permanent component of Equal Protection.

False

The Supreme Court has approved of laws that require public school teachers and/or prncipals to open the school day with prayers or religious scripture readings so long as the prayers or scripture readings are non-denominational and participation is voluntary.

False

The Supreme Court has ruled that if a person wants to look at child pornography that uses images of actual children, in the privacy of his own home, then the government cannot interfere.

False

The Supreme Court has upheld a congressional ban on the use of "virtual" children to make child pornography because even child pornography that uses "virtual" children instead of actual children might arouse a pedophile to act on his urges.

False

The United States Supreme Court has stated that the rules that apply to speech carried over the public airwaves must be the same as the rules that apply to speech that is carried in print media, such as newpapers, because there is no significant difference between the two.

False

The publishers of Playboy, Penthouse, and Hustler, and other "nudie" magazines run the risk of criminal prosecution for each issue they publish because the sexually suggestive images of nude or semi-nude women they contain are not protected by the First Amendment.

False

The right to possess and use a firearm belongs ony to active members of government-organized militia units.

False

There is a national standard for determining obscenity under which material is measured in degrees of nastiness.

False

There is an absolute constitutional right not only to choose when, where, and how to end your own life, but also to insist on medical assistance in carrying out your wishes. This is known as the constitutional "right to die."

False

This course incorporates a liberal missed work policy - you can make up at least one of each type of assignment or assessment per unit.

False

To promote civil and respectful debate on matters of public concerns, North Carolina may, consistent with the First and Fourteenth Amendments, forbid the public utterance of the F-word, the sh-word, and any variation of those words.

False

To simplify adminsitrative processes, North Carolina may require that where a married couple purchases real estate, the property must be titled in the man's name only.

False

Under a long and well-developed line of cases, the Second Amendment has consistently been interpreted as allowing the government to disarm the citizenry in an effort to reduce crime.

False

Under current Supreme Court analysis, a physical trespass by the government onto private property is required in order for there to be a "search" for Fourth Amendment purposes.

False

Under current Supreme Court analysis, both racial classifications and gender classifications trigger strict scrutiny.

False

In a bench trial there is no jury and a judge acts as the finder of fact.

True

In a case pitting a state's Death With Dignity law against the federal Controlled Substances Act, the Supreme Court held that there is nothing in the Controlled Substances Act that forbids states from having Death With Dignity laws. If members of Congress are not happy with this result, they can change the Controlled Substances Act to prevent states from having Death With Dignity laws.

True

In a challenge to a state law criminalizing homosexual sodomy, the Supreme Court ruled that the state does not have the right to interfere with intimiate sexual conduct between consenting adults within the privacy of their homes.

True

The American legal system relies heavily on the use of precedent for consistency and predictability in the law.

True

The Civil Rights Act of 1964 forbids private individuals from discriminating on the basis of race in certain aspects of society, such as employment, housing, and public accommodations.

True

The Establishment Clause requires that the government be neutral toward religion, neither favoring religion nor being hostile towards religion.

True

The Fifth Amendment privilege against self-incrimination does not extend to one's physical characteristics, such as height, sound of voice, fingerprint, or body fluids.

True

The freedom of religion portion of the First Amendment contains two protections. The Establishment Clause forbids government from dictating a preferred religious belief or setting up an official government-sponsored religion. The Free Exercise Clause protects the right of an individual to participate in religious activities.

True

The right to refuse medical care is a longstanding and well-recognized privacy right protected by the Due Process Clauses of the Fifth and Fourteenth Amendments.

True

When the all-males admissions policy of the Virginia Military Institute (VMI) was challenged, the Supreme Court __________.

ruled the policy to be unconstitutional because females were being disadvantaged based solely upon their gender.

The final exam in this course will consist of __________.

some combination of short answer, multiple choice, true/false, or brief essays applying concepts studied in this class to real-life situations

Which of the following is an accurate quote of the Second Amendment?

"A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

Which of the following describes Justice O'Connor's proposed Endorsement analysis for Establishment Clause cases?

Does the government action send a message to adherents of a religious faith that they are favored political insiders and at the same time a message to non-adherents that they are disfavored political outsiders?

If North Carolina wants to promote a sense of patriotism among its citizens, one way it could do so would be to require all motor vehicles registered in the state to carry license plates bearing the motto "Proud to be an American" on them.

False

If Western Carolina University wants to achieve diversity in its student body, it can set a quota reserving a certain number of freshman slots for members of a minority group.

False

If police fail to give a criminal suspect his Miranda warning upon his arrest, they must immediately release him because he cannot be prosecuted from that point on.

False

Implementing quotas in higher education institutions, in which a fixed number or fixed percentage of positions are reserved for minorities, has been endorsed by the Supreme Court as the preferred method of remedying the effects of past discrimination.

False

How many justices are on the United States Supreme Court?

9

Which of the following statements most accurately describes heightened scrutiny?

A gender-based classification must serve an important governmental interest and be substantially related to the achievement of that interest.

In Justice Scalia's majority opinion in D.C. v. Heller, he suggested in dicta that the right of the people to keep and bear arms is absolute and that any attempt by the government to regulate firearms will probably violate the Constitution.

False

In Planned Parenthood v. Casey, the Supreme Court declared that the rights of the father justify a requirement that he give consent before the mother can obtain an abortion.

False

In Snyder v. Phelps, the United States Supreme Court determined that the special emotional circumstances surrounding funerals justify total prohibitions on any forms of picket or protest

False

A state may, without violating the Equal Protectin Clause of the Fourteenth Amendment, do which of the following?

Encourage state-supported colleges and universities to seek a diverse student body by considering the race of student applicants as one of many factors in the admissions process.

In Washington v. Glucksberg, the Supreme Court said that a law forbidding suicide is unconstitutional because there is a long-recognized right to end your own life.

False

A term that means roughly the same thing as "pedagogical" is "patriotic."

False

Affirmative action policies are unconstitutional.

False

Although discriminatin based upon race triggers concerns under the Fourteenth Amendment's Equal Protection Clause, discrimination based upon gender (sex) will not be questioned by the courts.

False

A congressional representative was scheduled to appear at the University Center Theater at Western Carolina University. The well-publicized event generated a standing room only crowd of students and faculty. Just before the program was to begin, Professor Boyl carried a gasoline-soaked American flag into the theater. Without saying a word, Professor Boyle lit the flag on fire, dropped it on the stage, and walked out of the theater. Before he could get very far, Professor Boyle was detained by campus security. He was arrested and charged with desecrating a venerated object (which means showing disrespect toward something that others hold in high esteem), malicious property destruction, violation of the fire code, and engaging in conduct that is likely to result in serious injury or death of others. Could Boyle be convicted on any of the charges?

Boyle may be convicted on all of the charges except for the charge for desecrating a venerated object, because that charge seeks to punish his expression.

Wu Chang was a Chinese national in the United States on a student visa when she applied to the state-supported University of North Montana's School of Law ("Law School"). Her application was rejected, and records showed that no Chinese national had ever been admitted to the Law School. The Law School admissions policy stated that the Law School sought to achieve diversity in its student body. Wu Chang filed a lawsuit claiming that the Law School's admission policy was discriminatory as applied. In response, the Law School moved to dismiss the case on the ground that diversity in a professional school's student body is a compelling interest and that the admissions committee may consider the race of applicants. The Law School further argued that since Wu Change is a Chinese national, and not a U.S. citizen, she has no Equal Protection rights that she can assert in a lawsuit. Wu Chang should make all but which of the following arguments in resisting the Law School's attempt to dismiss her case?

Chinese applicants are more likely to succeed than applicants of other races because Chinese students are better students.

Which of the following is an accurately quoted excerpt from the First Amendment?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

Which of the following items is not specifically mentioned in the Fourth Amendment as being protected from an unreasonable search and seizure?

Conversation

Which of the following is not an element of the Lemon test?

Does the government action allow reasonable alternatives for individuals who do not subscribe to mainstream religious beliefs?

Which of the following is not part of the Sherbert analysis for Free Exercise claims?

Does the government action maintain and preserve diversity of belief?

Cases that fall under the Establishment Clause are very consistent and predictable because the Supreme Court has developed a simple, cut-and-dried Establishment Clause analysis that eliminates the impact of differences of opinion.

False

Educators have no ability to limit student speech in any way because to do so would violate the First and Fourteenth Amendment rights of the students.

False

A Miranda warning may be given to a suspect whenever a law enforcement officer feels it is most convenient.

False

A creche is an image of the crucified Christ of the Catholic tradition.

False

A plurality is a unanimous decision where all members of the Court are in total agreement.

False

D.C. v. Heller stands for the proposition that individual Americans have a constitutional right to keep and bear arms. Why, then, did the Supreme Court bother with the case of McDonald v. Chicago, since the laws there were almost the same as the laws in Heller?

Heller addressed the constitutionality of federal gun control laws, since D.C. is a federal enclave. Having established the basic interpretation of the Second Amendment in federal jurisdiction, the Court then needed to decide whether this right should be incorporated into the Due Process Clause of the Fourteenth Amendment to make it applicable to the states.

Where may one find the Bill of Rights?

In the United States Constitution.

The Equal Protection Clause of the Fourteenth Amendment applies by its very language only to states. The Supreme Court, however, has extended the principle of Equal Protection to action by the federal government. By what logic has the Court done this?

Incorporation of equal protection into the Due Process Clause of the Fifth Amendment.

What can you do today to avoid becoming the subject of litigation between your loved ones if you someday suffer from a tragic illness or injury that leaves you in a medical condition where you are unable to indicate your wishes regarding life-sustaining medical treatment?

Make your wishes about life-sustaining medical treatment known by executing a document commonly known as a living will and by giving copies of this document to your medical care provider and trusted family members.

Based on his religious convictions, Frank strongly disapproved of homosexuals. He appeared beside the clock tower at Western Carolina University one day and began sharing his views with passers-by. At one point he said that American society is headed toward ruin because of homosexuals and also that homosexuals are going to burn in hell for eternity. Many of the onlookers, regardless of sexual orientation, strongly disagreed with Frank and felt that he was in the wrong for condemning homosexuals. Several people shouted insults at Frank or called him unkind names, but there was no physical confrontation between Frank and any of the onlookers. Should Frank be punished for publicizing his intolerant views towards homosexuals?

No, because Frank's speech, while perhaps offensive and unpopular, did not seek to bring about immediate unlawful conduct, provoke a violent reaction, or intimidate anyone.

Frank was pulled over by a police officer for speeding. When the officer approached Frank's driver side window, he noticed that Frank had what appeared to be a marijuana joint stuck behind his ear, and he smelled the odor of marijuana as he got close to the car. The officer reached in and took the joint, sniffed it, and then arrested Frank for drug possession. The crime lab confirmed that what was seized by the officer was indeed a marijuana joint. At Frank's criminal trial for drug possession, will his attorney be likely to succeed in excluding the joint from evidence?

No, because the joint was in plain sight and thus falls under a well-established exception to the warrant requirement.

Based upon tips from informants, observation of traffic to and from his house, and strong chemical odors sometimes emanating from his garage, narcotics officers suspected that Frank was operating a methamphetamine lab in his garage. One day, after Frank left his home, narcotics officers entered the garage by picking the lock to its side door. They had no warrant. They discovered an extensive cache of chemicals and equipment frequently used in manufacturing methamphetamines. The officers gathered the chemicals and equipment and, when Frank returned home several hours later, they placed him under arrest. Can the chemicals and equipment be introduced as evidence against Frank in his criminal trial?

No, because the officers did not have a warrant to enter Frank's garage to search it for evidence and the facts given do not give rise to an exception to the warrant requirement.

Pastor Phil appears at the WCU clock tower every Thursday from 11:00 a.m. until 1:00 p.m. During that time he exhorts passers-by to repent of their sins and turn to God. One day, as Pastor Phil was enumerating the sins that would result in eternal damnation, Ashley took offense when he mentioned adultery, as she is currently sleeping with a married professor. Ashley went postal on Pastor Phil, hurling her books at him and spraying him down with mace. Because a number of students had complained that they did not like Pastor Phil or his preaching, WCU pressed charges against him for disturbing the peace through the use of fighting words. Is Pastor Phil likely to be convicted of and punished for disturbing the peace through the use of fighting words?

No, because there is no indication that Pastor Phil directed his speech to Ashley in a way that was likely to provoke an immediate violent reaction, even though that is what happened.

Which state successfully defended its Death With dignity Act against an attempt by the U.S. Attorney General to nullify it under the federal Controlled Substances Act?

Oregon

A modern-day term that means roughly the same thing as "orthodox" is __________.

Politically correct

Ms. Jones teaches a journalism class at Central Public High School. She supervises the production of both the school newspaper and the school yearbook. Some of the journalism students want to add a gossip column to the school newspaper and also a photo spread in the yearbook of all student parents, male and female, with their babies. Ms. Jones feels that the students are ignoring the fundamental principles of defamation, privacy, and audience appropriateness that she has been teaching in the course. She rejected the students' proposals, and they want to appeal her decision. If the principal does not side with them, they are determined to take this all the way to court if necessary to get the gossip column in the school newspaper and the students-with-babies photo spread in the yearbook. Are the students likely to succeed in their challenge to Ms. Jones' decision if they use a free speech argument?

Probably no, because Ms. Jones can reject the students' proposed speech if that rejection is reasonably related to the legitimate pedagogical concerns of the journalism class.

At a recent County Council meeting, members adopted a resolution condemning abortion as contrary to the community's history of respecting and valuing human life. Later during that same meeting, members voted to amend county policy on the use of the county park to forbid its use by any individual, group, or organization wishing to advocate in favor of freedom of choice for abortion. Would County Council's amended policy on the use of the county park be constitutional?

Probably no, because the amended policy is a content- and viewpoint-based restriction on speech.

Officer Gwinn responded to a domestic disturbance call one evening. He had been to this home many times before and knew that the wife had a history of drug abuse. Based upon the wife's appearance and behavior when Officer Gwinn arrived at the home, he suspected that she was under the influence of cocaine. He arrested her on suspicion of illegal drug use and transported her to the hospital for medical attention. Knowing that medical personnel would routinely ask for a urine sample from the wife, he directed them to include a drug screen analysis of the sample. As a precautionary measure, Officer Gwinn contacted a magistrate and within an hour obtained a search warrant authorizing the urinalysis. The results were positive for cocaine. On trial for various drug offenses, wife now raises a Fifth Amendment objection to the use of the urinalysis results on the ground that the test violates the privilege against self-incrimination. Is she likely to succeed in having this evidence excluded from the trial?

Probably no, because the privilege does not apply to non-communicative, non-testimonial physical characteristics of a person.

David has been embezzling money from a business run by him and a partner, and he is afraid that the partner is on the verge of discovering David's wrongdoing. David set up a meeting with Mr. X, a man known to have a lengthy and violent criminal background. David drives Mr. X to the partner's house, where they can see the partner inside watching TV. David hands Mr. X a loaded gun and offers to pay Mr. X $10,000 (which he had in a briefcase in the car) to kill the partner and make it look like a robbery gone bad. Can David be punished for his speech that was directed to Mr. X?

Probably yes, because David is intentionally inciting someone to engage in an immediate unlawful act that will cause serious harm, and he is likely to succeed.

Drew is president of the Young Republicans club at his public high school. He hates President Obama. Drew purchased a T-shirt with a picture of the President and the name "Obama" underneath the picture. Drew added devil horns on Obama's head and a stick figure body with a pitchfork in one hand. He then added the F-word in front of the President's name so that the T-shirt now reads "F- Obama." Drew wore this shirt to school the next day and caused an immediate sensation. Large numbers of students followed Drew through the hallways, some supporting his shirt's message and others challenging it. Some students refused to go to class, instead engaging in shouting matches in the hallway. Teachers had tremendous difficulty getting students to their proper classrooms and conducting lessons because the students were so distracted. At the end of homeroom, the principal called Drew to the office and instructed him to either change shirts or turn the controversial shirt inside-out so that the image and words would not be visible. Drew refused, so the principal suspended him. If Drew challenges his suspension on free speech grounds, will the courts be likely to back the principal and uphold the suspension?

Probably yes, because Drew's free speech rights are not so extensive inside the school environment as to allow him to materially and substantially disrupt the educational process.

In the weeks immediately following 9-11, anti-Muslim sentiment at Western Carolina University was at an all-time high. One Wednesday, beginning at noon, Frank appeared at the clock tower and began ranting about the evils of Islam and how Muslims ought to all be "strung up." His tirade attracted a lot of attention, and most of the crowd seemed to sympathize with Frank's hatred of Muslims. Frank asked the crowd "Do we want Muslims on our campus?" The crowd shouted "NO!" Frank asked the crowd "What do we do when we see Muslims?" The crowd shouted back "Kill them!" Frank then started chanting "Death to Muslims!" Members of the crowd quickly joined in the chant, some pumping the air with their fists and stomping their feet for added emphasis. As the chanting reached a fever pitch, Frank stopped suddenly, pointed at a Middle Eastern student just emerging from the UC, and screamed, "There's one now! Grab him and let's show him what we do to terrorists!" Can North Carolina punish Frank for his speech as described above?

Probably yes, because it appears that Frank intended to persuade the crowd to engage in immediate unlawful activity and, in the circumstances described, was likely to succeed.

At a recent County Council meeting, members adopted a resolution condemning abortion as contrary to the community's history of respecting and valuing human life. Later during that same meeting, members voted to amend county policy on the use of the county park to forbid noise-generating activities above 75 decibels between the hours of 11:00 p.m. and 6:00 a.m. Would County Council's amended policy on the use of the county park be constitutional?

Probably yes, because the amended policy is a content-neutral time, place, and manner restriction on speech.

In affirming the state of Washington's prohibition of suicide, the Supreme Court identified all but which of the following as important, maybe even compelling, state interests?

Protecting the financial stability of the medical community.

When the Supreme court declared a law forbidding birth control to be unconstitutional, it listed several theories to support its decision. Which of the following reasons was not used to support the Court's decision?

States may use their police powers to regulate birth control to prevent excessive population growth, because the larger the population the more strain there is on governmental services.

Which of the following is permissible in a public K-12 school?

Student Jacob prays before eating his lunch in the school cafeteria.

In D.C. v. Heller, the Supreme Court interpreted the Second Amendment as protecting or preserving the right to keep and bear arms rather than creating that right.

True

In Minersville School District v. Gobitis (1940), the United States Supreme Court held that the school district could require students to salute the American flag and recite the Pledge of Allegiance in spite of any religious objections the students might have. Three years later, in West Virginia State Board of Education v. Barnette (1943), the United States Supreme Court held that students could not be required to salute the flag and recite the Pledge of Allegiance. What accounts for the inconsistent results?

The Barnette Court overruled the decision in Gobitis.

Historically, most state courts followed the "Tender Years Doctrine." The Tender Years Doctrine presumes that mothers of young children should be preferred for custody over the father of those children, since women have traditionally been the primary caregivers for children. What legal provision did the Tender Years Doctrine violate?

The Equal Protection Clause of the Fourteenth Amendment.

In the 1833 Barron v. Baltimore decision, the United States Supreme court held that the Bill of Rights restricted the power of the federal government only, not the states. Almost a century later, in Gitlow v. New York, the United States Supreme Court acknowledged that states cannot intrude on an individual's right to free speech. Since free speech is a First Amendment right, what logical reasoning did the Court use to extend the First Amendment and apply its protection against state actions?

The Fourteenth Amendment to the United States Constitution, ratified in 1868, forbids states from depriving their citizens of "life, liberty or property without due process of law." Because freedom of speech is a fundamental liberty interest, the Fourteenth Amendment incorporates the free speech provisions of the First Amendment.

The Fifth Amendment privilege against self-incrimination does not apply if which of the following conditions are met?

The defendant has been granted immunity from criminal prosecution arising from his statements. The defendant cannot be criminally prosecuted because of a legal impediment, such as double jeopardy or a statute of limitations. The defendant has knowingly and voluntarily waived his privilege and chosen to testify.

What is the Bill of Rights?

The first ten amendments to the United States Constitution.

In Lawrence v. Texas, the Supreme Court recognized that intimate sexual conduct is protected from governmental interference as long as certain conditions exist. Which of the following was not a required condition for intimate sexual conduct to be protected?

The parties are legally married

In Tinker v. Des Moines Indep. Comm. School Dist., the United States Surpreme Court declared that the school's prohibition against wearing black armbands in protest of the Vietnam conflict was unconstitutional. The rationale behind the Court's decision included all of the following reasons except __________.

The prohibition was based on the mistaken assumption that high school students are too immature to comment on matters of foreign policy.

To justify a content-neutral time, place, and manner restriction on speech in a traditional public forum such as a street or sidewalk, all but which of the following elements must be present?

The restriction must support the most cost-effective use of government resources.

In passing the Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act, Congress directed federal courts and state courts in certain situations to apply which Free Exercise analysis?

The strict scrutiny analysis of Sherbert v. Verner.

When faced with a challenge to a school official's decision to punish a student for his speech, the Supreme Court will likely uphold the school official's decision if which of the following conditions is met?

The student's speech had the effect of materially and substantially interfering with the educational process.

Which of the following summarizes Justice Scalia's alternative to the Sherbert analysis of Free Exercise claims?

There is no Free Exercise violation when a religiously neutral law of general applicability has an incidental impact on a person's religious practices.

In a defamation lawsuit, which of the following statements is most likely to be considered defamatory?

Tom is a drug pusher

A competent adult has a right to make her own decisions regarding her medical care.

True

A decision from the highest court of a state may be appealed to the United States Supreme Court but only if it involves a federal question, which includes constitutional questions.

True

Although the government may pass laws limiting conduct that is based on religion, it may not pass laws dictating what kind of religious beliefs one must adopt.

True

Although there are restrictions on when states may forbid abortions, it is proper and permissible for states to regulate the abortion process. For example, it is permissible for states to require that abortions be performed by licensed medical care providers

True

Before World War II, the proper way to salute the American flag was to extend the right arm straight out, palm down. This was changed because it so strongly resembled the "Hitler salute" of Nazi Germany.

True

Child pornography using actual children is not protected by the First AMendment because the state's compelling interest in protecting children from sexual exploitation outweighs the expressive value embodied in child pornography.

True

During the pre-trial stage of litigation, the parties might negotiate a settlement in civil cases or a plea deal in criminal cases, thus avoiding the need to go to trial.

True

If a suspect in police custody gives a self-incriminating statement during interrogation, the burden is on the government to prove that the suspect knowingly and voluntarily waived his Miranda rights.

True

If a suspect is being interrogated by police while in the custody of police, then the interrogation must stop if the suspect, at any point, asserts his Miranda rights.

True

If the government obtains evidence against a criminal defendant by conducting an illegal search and seizure, the defendant is entitled to have that wrongfully obtained evidence excluded from trial. This principle is known as the exclusionary rule.

True

Gina was pulled over for running a stop sign. When the police officer approached her vehicle to ask for her driver's license, he noticed a bong and a baggie of marijuana on the empty passenger seat beside her. If he arrests Gina and charges her with possession of illegal drugs, can the bong and marijuana baggie be entered into evidence, even though the police officer did not have a warrant to search her car?

Yes, because the bong and the baggie were in plain sight, and the police officer is not required to ignore evidence of criminal activity when he sees it.

Mike was stopped at a driver's license checkpoint one Saturday evening. When the officer approached Mike's car he detected a strong odor of alcohol, which became even stronger when Mike opened his mouth to say "Whazza madder ociffer?" In addition to the strong odor of alcohol and Mike's slurred speech, the officer noticed that Mike could not seem to focus his eyes, and that he repeatedly dropped his billfold while searching for his license. The police officer asked Mike to step out of the car. The officer then conducted several field sobriety tests, which Mike failed miserably. The officer then placed Mike under arrest upon probable cause that Mike was driving while intoxicated. After Mike was placed under arrest, the officer patted Mike down and discovered a vial of crack rocks in Mike's jeans pocket. The officer had no warrant. At Mike's criminal trial for possession of illegal substances, can the vial of crack rocks be introduced as evidence against Mike?

Yes, because the search of Mike was a custodial search incident to a lawful arrest and thus falls into a well-established exception to the warrant requirement.

Which of the following statements is not required to be in a Miranda warning?

You are presumed to be innocent until proven guilty beyond a reasonable doubt.

The State Department of Corrections requires that all male inmates be clean-shaven unless they have obtained a waiver for religious or medical reasons. Inmates who receive a waiver are permitted to grow facial hair to no more than one-half of an inch in length. This policy is based on the need of prison officials to be able to readily identify inmates, limit their ability to conceal contraband or weapons, and prevent inmates from quickly changing their appearance should they escape. Prior Supreme Cout decisions have recognized these as compelling governmental interests. Grooming policies similar to this one have been upheld as sufficiently narrowly tailored to advance these interests. Kuperman is an Orthodox Jew who is an inmate at the State Department of Corrections. He asserts that his religious beliefs do not allow him to trim his beard at all. He asserts that the one-half inch beard limitation of the State Department of Corrections violates his sincerely held religious beliefs and that he must therefore be exempted from the grooming policy. Based upon precedent and the appropriate Free Exercise analysis pursuant to the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), the State Department of Corrections is most likely going to be required to __________.

allow Kuperman to grow his beard to one-half of an inch in length

Traditional legal principles developed over time as courts decided disputes are frequently refered to as __________.

common law

A display of the Ten Commandments on government property is most likely to be permissible under the Establishment Clause if the purpose of the display is to __________.

create an educational display of the origins and development of American law

In ruling that the Constitution does not protect fighting words, the Supreme Court held that this and certain other categories of speech are not protected because __________.

such speech does not contribute any significant value to the "marketplace of ideas" yet it imposes a high cost on society

In determining whether a state has placed an undue burden on a woman's right to abort a pre-viable fetus, the Supreme Court has held __________.

that an undue burden is one that places a substantial obstacle in the path of a woman seeking an abortion

Although government may restrict speech in some limited circumstances, the U.S. Supreme Court prefers that, rather than restrict or punish speech, the government should let all speech be aired - even unpopular or repugnant speech. The theory is that "truth" will win out eventually if competing ideas can be discussed and evaluated freely. In other words, the good ideas will prevail in society and the bad ideas will be rejected. This open exchange and discussion is often refered to as __________.

the marketplace of ideas

Although child porn using real children is not protected by the First Amendment, producers may, as an alternative to using real children, do any of the following except __________.

use innocent images of real children and then "morph" them into pornographic images

According to the United States Supreme Court, classficiations based upon race are suspect and subject to strict scrutiny classifications based upon gender are semi-suspect and subject to heightened scrutiny classifications based upon sexual orientation are __________.

unclear, because the Supreme Court has not made any explicit determination yet as to what type of scrutiny applies to classifications based upon sexual orientation