WorksheetsPoli 4021 Midterm Practice Quiz Questions (LSU)
Total questions: 96
Worksheet time: 49mins
Which of the following is true about Cohens v. Virginia (1821)?
It built on Marbury v. Madison (1803) by overturning a second federal law as unconstitutional.
It reflected the Federalist viewpoint of John Marshall by strengthening states' rights
It reflected the Jeffersonian sympathies of John Marshall by recognizing the sovereignty of states.
It reflected the Federalist viewpoint of John Marshall by strengthening the power of the federal courts.
It reflected the Jeffersonian sympathies of John Marshall by strengthening the federal courts.
By definition, a judical minimalist would lbe less likely to
Ask or address a set of broad questions that cover many aspects of a case.
Dismiss a case based on mootness.
Make incremental rulings.
Rule that a case was not ripe to hear.
Uphold a previous decision.
A list of cases that the Court will hear is called the?
docket
schedule
agenda
certioram
A per curiam opinion is, by definition
brief (usually less than a page)
a plurality opinion
unanimous
unsigned
An amicus curiae brief is filed by
an administrative magistrate
a third party to the case (such as an interest group)
a party to the case
the trial judge in the case
an appellate judge reviewing the case
A comment in a decision that is not necessary to resolve a case and is not precendential is called
referee
commenta
dicta
seponere
How many justices must agree to hear a case
six
four
five
three
In this type of concurrence, a justice agrees with the outcome but not with the reasoning
limited concurrence
regular concurrence
narrow concurrence
specfic concurrence
special concurrence
The doctrine of stare decisis says that
a party to a case must have a stake in the outcome
cases already settled will not be heard
the facts in a case must be "ripe" for the case to be heard
the court will follow precdent
The ripeness doctrine
requires that a suit be "live"--that is, not settled by other means
requires that the parties to a suit have concrete stake in the case
requires that enough information is present regarding the facts, effects on stakeholders, etc., to decide a case
requires judges to (all other things equal) rule on precedent
The standing doctrine
requires judges to (all other things equal) rule on precedent
requires that a suit be "live"-- that is, not settled by other means
requires that the parties to a suit have a concrete stake in the case
requires that enough information is present regarding the facts, effects on stakeholders, etc to decide a case
The supreme court generally agrees to hear a case by issue a
writ of agreement
writ of habeas corpus
writ of certiorari
writ of mandamus
when the court in an opinion identifies the differences between two cases, it is ________ the cases
differentiating
categorizing
diagnosing
distinguishing
which doctrine or principle does NOT follow from the case or controversy clause?
standing
stare decisis
mootness
ripeness
Which of the following is true about Article III
It provides for a broader definition of treason than was present in England (that is, it makes it easier to prove treason cases
It is the most extensive and detailed of the first three Articles
It explicitly allows Congress to add to the original jurisdiction of the Court
The Exceptions Clause requires that some judges be re-appointed at regular intervals
It allows but does not require the establishment of lower ("inferior") federal courts
Article I judges are not protected by the good behavior and the compensation clauses
True
False
In Article III of the Constitution,
Original and appellate jurisdiction are defined, and Congress is prohibited from expanding either
Original jurisdiction is defined, and Congress is explicitly denied the power to expand that jurisdiction
Congress is explicitly given the power to limit the appellate jurisdiction of the court
Original and appellate jurisdiction are defined, and congress is prohibited from reducing either
In Marbury v. Madison, a provision of which federal law was overturned?
The Judiciary Act of 1789
The Repeal Act
The Judiciary Act of 1801
The Midnight Judges Act
In this case, the court held that state citizens could sue another state in federal court
Cohens v. Virgina (1821)
Marbury v. Madison (1803)
Stuart v. Laird (1803)
Martin v. Hunter's Lessee (1816)
Chisholm v. Georgia (1793)
Marshall changed the court in which of the following ways
He established the norm of justices writing collective opinions, with a majority opinion that spoke for the court (along with dissents or concurrences, if present)
He established the practice of Justices deliberating together
He established the norm of black robes
Marshall was responsible for all these developments in the court
The mootness doctrine
requires that a suit be "live"--that is, not settled by other means
requires judges to (all other things equal) rule on precedent
requires that the parties to a suit have a concrete stake in the case
requires that enough information is present regarding the facts, effects on stakeholders, etc., to decide a case
The outcome of Stuart v. Laird (1803) is dubious because of the
Jury Clause
Exceptions Clause
Treason Clause
Vesting Clause
Good Behavior Clause
This Amendment created the presidential election system we have today, in which the Vice-President and President run as teams, and the likelihood of ties is minimized.
Ninth (IX)
Eleventh (XI)
Twelfth (XII)
Tenth (X)
Which of the following is NOT a legitimate or persuasive criticism of the Marbury v. Madison decision?
Marshall should have decided based on jurisdiction; instead, he decided based on the merits, and then dismissed for want of jurisdiction
The Supreme Court should have been able to issue the writ of mandamus, since the Constitution gives it original jurisdiction in all cases affected "public ministers and consuls"
It violates separation of powers, because it allows judges to shape law
These are all persuasive criticisms of the Marbury v. Madison decision.
Which of the following is true about Marybury v. Madison (1803)
The court expaned its power under original jurisdiction
The court held that congress could not add to the original jurisdiction of the court
There were multiple dissents in the decision
The court declared the Midnight Judges Act unconstitutional
The court upheld the constitutionality of the 1789 Judiciary Act
Which of the following was NOT a response Congress made to either the Federalist court-packing or the Marbury v. Madison decision?
They rquired that justices ride circuit again
They cancleed the 1802 term of the court
They impeached John Marshall
They abolished some of the judicial seats created by the Federalists
Marbury v. Madison (1803) was only the first of many cases in which the Marshall Court overturned federal law
True
False
Marbury v. Madison (1803), Martin v. Hunter's Lessee (1816), and Cohens v. Virginia (1821) were all part of Marshall's program to strengthen the national government and specifically the federal courts
True
False
Which two Article III clauses most clearly protect judicial independence? (PICK TWO)
Exceptions
Good Behavior
Vesting
Case or Controversy
Compensation
In Article III of the Constitution
Original and appellate jurisdiction are defined, and Congress is prohibited from expanding or reducing either
Original jurisdiction is defined, and Congress is explicitly denied the power to expand that jurisdiction
Congress is given the power to "except" cases from appellate jurisdiction of the Court.
Both the U.S. Supreme Court and the lower federal courts are established
An anti-syndicalist law is designed to
criminalize fighting words,
protect free speech
prevent a breach of the peace
combat communism of socialism
Areopagitica was published by
John Milton
Peter Zenger
John Stuart Mill
Oliver Wrndell Holmes Jr.
Milton's Areopagitica was written to respond to
government effort to prosecute individuals for published dissent
licensing laws
treatment of the King during the English Civil War
Anti Catholic fervor
Footnote 4 in Carolene Products gives rise to the
clear and present danger doctrine
imminent lawless action standard
bad tendency test
preferred freedoms doctrine
In Abrams v. United States, the Court's majority opinion relied on the
imminent lawless action test
fighting words doctrine
clear and present danger test
bad tendency test
In this case, the doctrine of "fighting words" was established
Miler v. California
Chaplinsky v. New Hampshire
Abrams v. United States
Palko v. United States
In which case did Justice Oliver Wendell Holmes Jr. use the metaphor "false shouting fire in a crowded theater"
Schenck v. United States (1919)
Abrams v. United States (1919)
United States v. Carolene Products (1938)
Terminiello v. City of Chicago (1942)
It is the 1920s, and you have been convicted under an anti-syndicalism act. Your conviction will most likely be
overturned by the Supreme Court with Sanford, Clarke, or White penning the majority opinion
upheld by the Supreme Court unanimously
upheld by the Supreme Court by a 7-2 vote with Holmes or Brandeis penning the majority opinion
upheld by the Supreme Court by a 7-2 vote
Before 1918, the right to free speech was generally interpretend as
prohibiting speech that had a tendancy to incite or cause illegal activity
limited to prohibiting prior restraint
limiting the government as speaker
Protecting speech that did not pose a clear and present danger
Why was the pre-Schenck case on the Espionage Act (Baltzer v. United States (1918)) delayed and eventually dropped?
The Court declared the case presented a political question
The Court was too divided to reach a decision
The Wilson wanted the first Espionage Act decision to be unanimous
The Wilson Administration was concerned about intruding on states' rights
The Yates decison in 1957 narrowed the interpretation of what law
Criminal Anarchy Act
Espionage Act
Smith Act
Sedition Act
The law was passed by Congress during the WWI era, and was used to suppress dissent
Espionage Act
Smith Act
Anti-Syndicalism Act
Miler Act
Which case incorprated the First Amendment's right to free speech
Gitlow v. New York (1925)
Debs v. United States (1919)
Abrams v. United States (1919)
Schenck v. United States (1919)
Which case upheld the conviction of Communist leaders for advocating the overthrow of government?
U.S. v. O'Brien (1968)
Yates v. United States (1957)
Dennis v. United States (1951)
Stromberg v. California (1931)
Which of the following is true?
The Court began developing a jurisprudence on the First Amendment during the late 19th century
Decisions about free speech were unanimous during the 1920s
Holmes and Brandeis interpreted free speech guarantees as only limiting prior restraint
Holmes' record on the Court shows both the import of his personal experience and his willingness to change his mind
Which of the following is true
The clear and present danger test is the standard for prohibiting speech that we use today
Oliver Wendell Holmes Jr. generally upheld the exercise of police powers to limit speech
The bad tendency test set a lower bar for criminalizing speech (makes it easier to prohibit speech) than the clear and present danger test
Abrams v. United States (1919) incorporated the right to free speech
Which of the following was the Court's forst real effort in crafting a free speech jurisprudence
Robertson v. Baldwin (1897)
Baltzer v. United States (1919)
Schenck v. united States (1919)
Gitlow v. New York (1925)
In some decisions we've studied, convictions for speech, expression, actions are upheld; in other cases, they are overturned as violating the First Amendment. Which two free speech cases had different outcomes?
Terminiello v. Chicago (1949) and Feiner v. New York (1951)
Gitlow v. New York (1925) and Dennis v. United States (1951)
Schenck v. United States (1919) and Abrams v. United States (1919)
Yates v. United States (1957) and Brandenburg v. Ohio (1969)
Barron v. Baltmore (1833) was (in part) overturned by
Palko v. Connecticut (1937)
Chaplinsky v. New Hampshire (1942)
Gitlow v. New York (1925)
Schenck v. United States (1919)
In Palko v. CT, Cardozo based his decision on
the principle that all rights would be incorporated based on the due process clause
the principle that only fundamental rights were protected by the Privileges or Immunities Clause
the principle that all rights would be incorporated based on the Privileges or Immunities Clause
the principle that only fundamental rights were protected by the Due Process Clause
In Slaughter-House, the Court held that (PICK TWO)
States were prohibited only from violating a handful of rights present in the main body of the Constitution
The Privileges or Immunities Clause incorporated all the rights in the Bill of Rights to the states, protecting citizens
Individuals were citizens of (separately) their national and their state governments
The Due Process Clause selectively incorporated rights in the Bill of Rights to the states
The Privileges or Immunities Clause incorporated all the rights in the Bill of Rights to the states, protecting everyone
In which case did the Court decline to incorporate a right?
Gitlow v. New York (1925) (free speech)
McDonald v. Chicago (2010) (right to bear arms)
Palko v. Connecticut (1937) (double jeopardy)
Ramos v. Louisiana (2020) (unanimous juries)
The protection of fundamental rights is a form of
Procedural due process
Inherent due process
Substantive due process
Fundamental due process
In this case, the right to bear arms was extended to protect individuals from state action in
Brandenburg v. Ohio
McDonald v. Chicago
Texas v. Johnson
Gitlow v. New York
What Supreme Court case ruled that Constitutional rights only applied to the federal government?
Twining v. New Jersey
CBQ RR v. City of Chicago
Palko v. Connecticut
Barron v. Baltimore
Which case was the first clear-cut case of incorporation
Palko v. Connecticut
Slaughter- House
Gitlow v. New York
CBQ RR v. City of Chicago
Which of the following Justices is most associated with the argument that incorporation should be based on the Privileges or Immunities Clause?
Justice Barrett
Justice Thomas
Cheif Justice Roberts
Justice Sotomayor
Which of the following clauses of the 14th Amendment did Slaughter-House interpret very, very narrowly by referring to dual or double citizenship?
Due Process Clause
Naturalization Clause
Privileges or immunities Clause
Equal Protection Clause
Which of the following is true
The privileges or immunities clause is used for selective incorporation
The due process clause of the 14th Amendment operates only through the express rights in the first eight amendments
Basing incorporation on the privileges or immunities clause would protect (only) citizens
The due process clause of the 14th Amendment constrains both states and the federal government
Which of the following rights has not been incorporated
Prophylactic exclusionary rule
First Amendment right to free speech
First Amendment freedom of association (right to assemble)
5th Amendment's grand jury protection
Which right was most recently incorporated
the 1st Amendment's right to free speech
the 2nd Amendment's right to bear arms
the 5th Amendment's grand jury protection
the prophylactic unanimous jury requirement
A "balancing test" refers to
an unsigned opinion
the practice in which each judge writes a separate opinion
a rule that prevents or discourages law enforcement from violating a constitutional right
a test in which the interests of government are weighed against the individual rights of citizens
a rule specifying that a law or act is inherently unconstitutional
Which casde upheld the conviction of Communist leaders for advocating the overthrow of government
Stromberg v. California
Dennis v. United States
U.S. v. O'Brien
Yates v. United States
Which categories of speech are NOT categorically unprotected
Fighting words or true threats
defamation
obscenity
hate speech
Which Justice began dissenting in free speech cases, holding a higher threshold for criminalization of speech, beginning with Abrams v. United States?
Holmes
Brennan
Sutherland
Frankfurter
Which of the following did the court uphold
The Disparagement Clause of the Lanham Act
A law making flag-burning a crime
Adecision by a school not to fund religious magazines
A law making defacing or destroying a draft card a crime
Which of the following is NOT true
The Counterman test for “true threats” relies only on whether the average person would find the words threatening
The Miller test relies primarily on community standards
If a university’s student activities fund supports atheist and non-religious magazines, it must support religious magazines
A law prohibiting flying a red flag in advocacy of revolution was overturned as unconstitutionally vague
Which of the following is NOT true
The objective prong in a test often refers to the “reasonable person”
b.
Pornography involving children can be criminalized
The Court has ruled that a case is moot if the plaintiff is seeking only nominal damages, and the case has been otherwise resolved
Networks / tv / radio stations can be fined by the FCC for fleeting expletives (even if the policy isn’t consistently enforced
Which of the following is true of Miler v. California (Obscenity test)
The test broadly bans works that have “no redeeming social value”
Under the test, works with serious literary value can be banned
The test relies on community interests
Under the test, works that do not describe or depict conduct banned by law can be banned
Which of the following issues prompted the most serious attempt to amend the Constitution?
Compelled Speech
Campaign Fiance Reform
Flag Burning
Reciting the Pledge of Allegiance
Which of the following would (currently) not be protected at public schools by the First Amendment?
Non-disruptive symbolic speech as protest
refusing to salute the flag
refusing to recite the Pledge of Allegiance
a banner at a school event with the expression “Bong Hits 4 Jesus”
which of the following would demand strict scrutiny
government speech
viewpoint discrimination by government
regulations by private corporations on speech
neutral regulations of the time, place, or manner of speech
Which of the following would NOT be a public forum or limited public forum?
a set of magazines funded by a University’s student activity fund
Free Speech Alley
a public sidewalk
a polling place
a law prohibiting burning a flag as protest is unconstitutional because it is viewpoint discrimination.
True
False
Facial challenges seek to have a law declared unconstitutional in only limited circumstances.
True
False
Government speech can be challenged for viewpoint discrimination.
True
False
Hate speech is unprotected speech under the First Amendment, even if it does not pose an imminent risk of lawless action.
True
False
Brandenburg v. Ohio
Rejected the “imminent lawless action” test, opting for a “totality of the circumstances” approach
Largely disregarded the clear and present danger test, establishing the new “imminent lawless action” test
Rejected the "clear and present danger" test, relying on the "bad tendency" test
Relied on the clear and present danger test.
In 303 Creative LLC v. Elenis (2023) (wedding websites)
The Court overturned part of a piece of campaign finance reform legislation
The Court overturned part of the Disparagement Clause of the Lanham Act
The Court ruled against government laws that compel speech or silence
The Court ruled against the criminalization of symbolic speech
In a case involving viewpoint discrimination by government, the test or level of scrutiny or test applied by the Court is called
strict scrutiny
rational basis test
maximum scrutiny
intermediate scrutiny
In Abrams v. United States, the Court’s majority opinion relied on the
bad tendency test
fighting words doctrine
imminent lawless action test
clear and present danger test
In free speech cases, by the mid-20th century, in Abrams, Gitlow, etc., the majority of the Court was adopting
a "bad tendency" test
a two-pronged test involving a subjective prong and objective prong
an imminent lawless action test
a higher standard to criminalize speech than the “clear and present danger” test
In Metal v. Tam (2017) (a case about Simon Tam and his band, The Slants, who sought to register the band’s name with the U.S. trademark office)
The Court overturned part of a piece of campaign finance reform legislation
The Court overturned part of the Disparagement Clause of the Lanham Act
The Court ruled against the criminalization of symbolic speech
The Court ruled against government compelling speech
In NY Times v. Sullivan (1964)
The Court held that public figures must prove the statement was made with actual malice or reckless disregard for the truth
The Court held that the government couldn’t engage in prior restraint over the publication of a Dept of Defense study of the Vietnam War
The Court incorporated the right to freedom of the press
The Court held that obscenity is not a protected category of speech
In Schenck
Holmes wrote an impassioned dissent, arguing for a marketplace of ideas
the Court incorporated the right to free speech
the Court established the doctrine of clear and present danger
the opinion noted that some categories of speech—defamation, obscenity, fighting words—were not protected by the First Amendment.
In Texas v. Johnson (1989)
The Court overturned part of the Disparagement Clause of the Lanham Act
The Court ruled against the criminalization of symbolic speech
The Court ruled against government compelling speech or silence
The Court overturned part of a piece of campaign finance reform legislation
In this case, the doctrine of "fighting words" was established
Abrams v. United States
Miler v. California
Palko v. Connecticut
Chaplinksy v. New Hampshire
In viewpoint discrimination cases, government must show
A compelling interest, and the law must be narrowly tailored to reach that interest
A compelling interest, and the law must be reasonably tailored to reach that interest
An important interest, and the law must be reasonably tailored to reach that interest
An important interest, and the law must be narrowly tailored to reach that interest
In which case did the Supreme Court decline to overturn a law or policy criminalizing symbolic speech?
Texas v. Johnson (1989)
Miller v. California (1973)
United States v. O’Brien (1968)
Tinker v. Des Moines (1969)
Milton’s 17th century pamphlet defending a marketplace of ideas was called
Two Tracts on Government
Areopagitica
Considerations on Democracy
Paradise Lost
The Republican Defense
On which of the following issues did the Court quickly reverse a prior ruling?
campaign finance reform
reciting the Pledge of Allegiance
flag burning
compelled speech
Rosenburger v. United States involved
fighting words
campaign finance
symbolic speech
a public forum
The Alien & Sedition Acts were targeted to shut down the publications of which political faction
Jeffersonians
Democrats
Whigs
Federalists
The clear and present danger test was established inGitlow v. New York
Gitlow v. New York
Schenck v. United States
Brandenburg v. Ohio
Abrams v. United States
The doctrine that some rights or freedoms have a privileged place in constitutional law (U.S. v. Carolene Products (1938)), leading to the doctrine of strict scrutiny, is called the _____________________ doctrine.
protected liberties
substantial interests
preferred freedoms
elevated right
Which case is most associated with the notion that students’ rights are not left at the (public) schoolhouse door?
Miller v. California
Counterman v. Colorado
Tinker v. Des Moines
Texas v. Johnson
