Test 2 (Ch. 4-6)

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The Thirteenth Amendment

Abolished slavery

In which case did the plaintiffs claim that they were being denied their right to equal protection of the law and that the laws of "separate but equal" were, in fact, not equal?

Brown v. Board of Education of Topeka

Title VII prohibits policies or practices that are intended to discriminate but, in fact, has a disproportionately negative effect on minorities, which is also known as:

Disparate impact

The first time the Court had ruled that the Second Amendment protects an individual right to own guns was in this landmark case.

District of Columbia v. Heller

T/F: As of 1997, burning the flag is no longer a form of protected symbolic speech.

False

T/F: Due to recent decisions by the Court, states no longer retain the right to impose stricter regulations related to firearms than those required by the federal government.

False

T/F: One weakness of the Equal Protection Clause of the Fourteenth Amendment to the Constitution is that it fails to apply to racial profiling.

False

T/F: Several rights (such as the freedom to assemble are absolute, which means the government cannot simply regulate new laws whenever they believe social interests outweigh the current laws.

False

T/F: The Supreme Court has held that provisions and protections provided by the Fourteenth Amendment apply only to citizens of the country and do not extend to those who are illegally present in the United States.

False

T/F: The Thirteenth Amendment granted citizenship to the freed slaves.

False

A federal court ruled that Black Muslims must be recognized as a religion, and that members must be permitted to worship in accordance with their faith, in which high-profile case?

Fulwood v. Clemmer

The landmark case in the issue of affirmative action is

Regents of the University of California v. Bakke (1978)

Michael Heise, an unemployed 33-year-old former account manager, decides to purchase weapons from a local firearms dealer and sell them to two former friends with criminal records, who are unable to clear federal background checks. According to the text, this purchase by Michael is considered a:

Straw purchase

What 1993 bill was named for the press secretary to President Ronald Reagan who, during the assassination attempt on Reagan, was shot and permanently disabled?

The Brady Handgun Violence Prevention Act

Which of the following is false in regard to precedents set in District of Columbia v. Heller?

The Court limited Second Amendment protection to arms only useful in war.

What was the significance of the ruling in Johnson v. Avery (1969)?

The Court ruled it acceptable for inmates to help each other with legal work in case preparation.

Which of the following has not been enacted to outlaw discrimination?

The Equal Rights Amendment

Protected forms of speech include all of the following, except:

advocating the violent overthrow of the government

The Supreme Court case of Massachusetts Board of Retirement v. Murgia (1976) dealt with the issue of:

age discrimination

Prejudice is:

an attitude

"Whether the gravity of the evil, discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger" is called the:

clear and probable danger test

A situation in which racial minorities are treated more harshly at some points and in some places criminal justice system, but not differently than whites at other points and in other places, best describes:

contextual discrimination

Prisoners' rights based on the First Amendment involve all of the following, except:

exercise privileges

The case of Holt v. Hobbs (2015) involved the growth of a beard by an Arkansas prison inmate. What standard did the Court use to reach their decision?

least restrictive means

The Supreme Court ruling in United States v. Virginia, which held that exclusion of females was unconstitutional, involved denial of admission to a:

military institute

Among other things, the Fourteenth Amendment

permits blacks to be citizens of the United States

The Supreme Court upheld prison regulations that are "reasonably related to legitimate penological interests" using the:

rational basis test

In 1880, what clause did the Supreme Court cite in Strauder v. West Virginia (1880) when it struck down a statute explicitly prohibiting African Americans from serving on juries?

the Equal Protection Clause

Although there is no specific reference anywhere in the Bill of Rights, the freedom to associate is generally said to fall under which amendment?

the First Amendment

In United States v. Lopez (1995), the Supreme Court held (5 to 4) the federal law banning guns near schools to be unconstitutional, effectively striking down which act?

the Gun Free School Zones Act

What 1934 act was the first effort at federal regulation of the Second Amendment right to bear arms?

the National Firearms Act

Which of the following amendments has most recently been held applicable to the states?

the Second Amendment right to bear arms

In September 1994, what law did Congress pass and President Clinton sign into effect that banned the manufacture of 19 different semiautomatic guns with multiple assault-weapon features as well as copies or duplicates of such guns, because such weapons served no legitimate sporting or hunting purpose?

the Violent Crime Control and Law Enforcement Act

During the colonial period, the militia was considered to be:

the entire male populace of a state

According to the text, which of the following is not a primary reason that the anti-government movement has grown rapidly since 2008?

the fear of terrorist attacks from abroad, similar to the September 11, 2001, attacks

Which of the following holds that only the provisions of the Bill of Rights that are fundamental to the American legal system are applied to the states through the Due Process Clause of the Fourteenth Amendment?

the incorporation doctrine

The Second Amendment of the Constitution protects which of the following freedoms?

the right to bear arms

T/F: A suspicious activity report (SAR) is the official documentation of observed behavior that may be indicative of intelligence gathering.

True

T/F: As of 2010, an estimated 300 million firearms were privately owned by civilians in the UnitedStates

True

T/F: Critics of affirmative action policies have contended that civil rights laws cannot remedy the effects of past discrimination and that such policies lead to reverse discrimination.

True

T/F: Decades of research in neurology and social and cognitive psychology support the conclusion that all people, even those who are well-intentioned and unequivocally reject bigotry, possess implicit biases based simply on exposure to or insulation from the social world around them.

True

T/F: Freedom of speech is closely linked to freedom of the press, because this freedom includes both the right to speak and the right to be heard.

True

T/F: In 1896, the case of Plessy v. Ferguson was brought before the Supreme Court and heightened awareness of racial issues.

True

T/F: In 1994, Congress passed and President Clinton signed into law the Violent Crime Control and Law Enforcement Act. One of the things this prohibits is the possession of firearms by people who have committed domestic abuse.

True

T/F: In contrast to "castle" and "stand your ground" laws, some states require a person to retreat from the threat before they resort to deadly force.

True

T/F: Procedural due process refers to the way that laws are applied

True

T/F: The First Amendment right to free speech was the first guarantee to be made applicable to the states through incorporation in Gitlow v. New York (1925).

True

T/F: The Gun Control Act require the registration of "destructive devices," including cannons, antitank guns, and bazookas.

True

T/F: The Protection of Lawful Commerce in Arms Act of 2005 prohibited lawsuits against gun manufacturers and dealers (and others) for damages resulting from the use of their products.

True

T/F: The Supreme Court has ruled that the federal law that bars gun ownership by convicted felons does not apply to those convicted in foreign courts.

True

T/F: The U.S. firearm homicide rate is about 20 times higher than the combined rates of 22 countries that are our peers in wealth and population.

True

The Supreme Court ruled that cities may not prohibit yard signs in the case of:

City of Ladue v. Gilleo (1994)

Which of the following best describes the current stance on the law regarding the recording of officers in the line of duty?

It is protected by the First Amendment rights

What was the significance of the Federal Firearms Act passed in 1938?

It required firearms importers and dealers shipping firearms across state lines to be licensed by the federal government

After the Plessy v. Ferguson decision, the concept of "separate but equal" became entrenched in the Southern states through the enactment of:

Jim Crow Laws

The Supreme Court held that "the Fourteenth Amendment incorporates the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of self-defense" in:

McDonald v. Chicago

The Court acknowledged that virtual exclusion of African Americans from juries constituted an equal protection violation in

Norris v. Alabama

Which of the following is not one of the titles given to laws designed to protect citizens against any criminal charge or civil suit if they use force, including deadly force, against an invader of their home?

Personal Protection laws

Which of the following is not part of the three-part test in determining "imminent lawless action"?

The words used by the speaker caused excitement

Which of the following is a permissible restriction on speech?

defamation


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