Law and society Exam III

Direction: TRUE/FALSE A = TRUE; B = FALSE (The first 25 true/false questions related to issues from cases in the textbook)

1. The burning of one’s draft card is an example of constitutionally protected symbolic speech?

Answer; A

2. The need of schools to regulate students in order to maintain discipline must be balanced against students’ freedom of expression?

Answer; A

3. Burning of the American flag can be made a criminal act without violating the Constitution?

Answer; B

4. Although symbolic speech can be protected it may not be protected if it extends to criminal conduct?

Answer; A

5. “Prior restraint” has been frequently used by the Supreme Court to block political speech that they feel is so unpopular that it should be blocked from publication?

Answer; A

6. Although the Supreme Court has held that education is not a “fundamental right,” individual state constitutions can make it a fundamental right at the state level?

Answer; B

7. The Supreme Court has held that all affirmative action programs are unconstitutional?

Answer; A

8. The New York Times. v. United States (1971) illustrated the legal point that national security concerns must trump First Amendment constitutional protections?

Answer; B

9. “Prior restraint” is frequently used to block publication of materials that could hurt national security?

Answer; A

10. Texas v. Johnson (1989) illustrates that burning the flag crosses the line and is not protected “symbolic speech?”

Answer;  B

11. Texas v. Johnson (1989) illustrates the point that Congress can get around the Supreme Court by passing a law against flag burning?

Answer; A

12. Tinker v. Des Moines (1969) holds that public high school students “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate?”

Answer; A

13. By their very nature, black armbands worn by high school students are disruptive and can be banned by school administrators?

Answer; A

14. In San Antonio v. Rodriguez (1973) held that education is so important to one’s life chances that the state of Texas cannot bar the education of the children of illegal aliens?

Answer; B

15. As a result of the San Antonio case it would be unconstitutional for a state supreme court to order equalized funding between poor kids and rich kids?

Answer; A

16. In the Bakke (1978) case the Supreme Court held that all racial classifications violate the Equal Protection Clause of the Fourteenth Amendment?

Answer; A

17. Cases subsequent to Bakke illustrate that all racial preferences in the awarding of government contracts are unconstitutional?

Answer; A

18. The University of Michigan undergraduate and law school admissions cases illustrate how difficult it is to create affirmative action programs that do not impact non-minority students?

Answer; A

19. Although there is a recognized executive privilege, it has been judged to be limited and not absolute?

Answer; A

20. The Nixon case stands for the proposition that even presidents are not above the law?

Answer; A

21. It is unconstitutional to execute inmates who were minors when their capital crime was committed?

Answer; B

22. Subsequent to the Gregg v. Georgia (1976) case, the Supreme Court has held that mentally retarded inmates cannot be executed if their level of retardation is so severe that they could not appropriate their wrongdoing?

Answer; A

23. The Gregg case held that for the death penalty to be constitutional there must be various standards that are applied in all states that institute the death penalty?

Answer; A

24. Furman v. Georgia (1972) held that the death penalty in all states were unconstitutional, but the Court also held that a death penalty could be constitutional if the statute is drafted properly?

Answer; A

25. If the Constitution was amended to prohibit flag burning, the Supreme Court would not be able to declare the amendment as unconstitutional on First Amendment grounds?

Answer; B

TRUE/FALSE (Questions 26-40 relate to the international law portion of the course)

26. One of the problems associated with international law is that there is no proven international tribunal that has consistent and binding powers over individuals, businesses and nations?

Answer; A

27. International customs is by far the most important source of international law?

Answer; A

28. The International Council of Justice at The Hague has jurisdiction over nations and individuals?

Answer; B

29. One of the international rules of war is that a nation may retaliate but the force must be appropriate to the force used against the nation?

Answer; A

30. The laws of war are also known as human rights law?

Answer; A

31. One of the problems associated with international tribunals is that they often do not have a way of enforcing their decisions?

Answer; A

32. One of the problems associated with international tribunals is that they often cannot obtain jurisdiction over individuals and nations?

Answer; B

33. Ad hoc tribunals such as The International Tribunal for the Former Yugoslavia, are doomed to failure because they are not supported by the United Nations?

Answer; A

34. The United States has ratified the new International Criminal Court (ICC)?

Answer; B

35. Nations that oppose ICC generally do so on grounds of sovereignty?

Answer; A

36. A country that has not signed and ratified an international treaty is nonetheless bound by the treaty if a majority of the world’s nations have ratified the treaty?

Answer; A

37. Pre-emption (the right of a nation to strike first) is a long time established right that is recognized in international law?

Answer; A

38. Multilateralism is an international concept that is illustrated by the United Nations?

Answer; A

39. Unilateralism as it relates to international law would be illustrated by the concept that “might makes right?”

Answer; A

40. One of the fears of the United States is that an International Criminal Court prosecution could be lodged against U.S. soldiers who are serving in various countries by virtue of the U.S. role as “policemen of the world.”

Answer; A

MULTIPLE CHOICE QUESTIONS

41. Robinson v. Cahill and Abbott v. Burke illustrate:

a. a state constitution can sometimes provide greater rights then the U.S.

Constitution

b. school finance systems based primarily on property taxes often fail to

achieve equality

c. New Jersey’s school finance system is a model for other states to follow

d. court intervention is a solution to school finance problems

e. both a. and b.

Answer; E

42. What has the Supreme Court said about affirmative action:

a. strict racial quotas are unconstitutional

b. some racial preferences are constitutional

c. racial and ethnic distinctions are inherently suspect

d. all of the above

e. none of the above

Answer; D

43. In Plyler v. Doe (1982) the Supreme Court held that:

a. children of illegal aliens are entitled to a public school education

b. education should be subject to a “strict scrutiny” test

c. education can’t be denied to the children of illegal aliens because education is a “fundamental” right

d. all of the above

e. none of the above

Answer; A

44. Regarding the First Amendment which are true:

a. symbolic speech is protected

b. the government can limit “harmful conduct” more than “harmful” speech

c. speech that incites violence is protected

d. all true

e. a. and b.

Answer; A

45. The “Pentagon Papers” case held that:

a. prior restraint was necessary based on national security grounds

b. prior restraint is never justified

c. leakers of government documents can’t be punished due to First Amendment protections

d. a. and c.

e. none of the above

Answer; D

46. Regarding the conduct of high school students in public school and the First

Amendment:

a. students do not shed their freedom of expression “at the schoolhouse

door”

b. speech that incites violence is not constitutionally protected

c. speech that disrupts school activities is not constitutionally protected

d. all of the above are true

e. none of the above are true

Answer; D

47. Beyond registration with local law enforcement agencies, Megan’s Law provides for:

a. electronic monitoring of the released sex offender

b. the affixing of an identification number to the offender’s driver’s license that is recognizable to law enforcement officers

c. random stops by law enforcement officers

d. public postings and mailings to members of the community, notifying them that a sex offender is in their midst

Answer; D

48. Some are opposed to community notification statutes such as Megan’s Law because they:

a. create a false sense of security

b. encourage vigilantism

c. threaten to undermine the rule of law

d. all of the above

Answer: D

49. Which of the following is/are not protected by the First Amendment:

a. words that advocate “imminent violence”

b. “fighting words”

c. obscenity

d. all are protected by the First Amendment

e. none of the above are protected by the First Amendment

Answer; D

50. Regarding websites that contain intimidating but not explicitly threatening conduct:

a. are protected as political speech

b. are not protected if they are commercial speech

c. are protected by the First Amendment

d. are only protected if they are “fighting words”

e. both a. and c.

Answer; E

51. According to the facts of the case, LaShonda Davis:

a. notified school authorities that she was being sexually harassed

b. failed to notify school authorities that she was being sexually harassed

c. was afraid to notify school authorities that she was being sexually harassed

d. notified the Monroe County Sheriff’s Department that she was being sexually harassed

Answer; D

52. Justice O’Connor’s majority opinion stressed that public school officials should be liable for damages in cases of student-on-student harassment when:

a. they show deliberate indifference to harassment

b. harassment denies access to educational benefits and opportunities based on gender

c. the amount of money damages awarded do not hurt the school

d. the harassment is boy or girl

e. both a. and b.

Answer; E

53. Justice Kennedy’s minority opinion stressed all but which:

a. a public school cannot screen its’ students

b. school boards do not have control over students

c. financial resources of schools are limited

d. peer harassment is a fact of life

e. the student’s right to an education control all issues

Answer; E

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54. According to Justice Paul Stevens, who believes that children with disabilities should be provided with extraordinary care in order to attend regular classes in public schools, Garret F. is about:

a. whether or not society will provide a meaningful education for its children

b. whether or not the U.S. government has a meaningful role to play in local education

c. whether or not meaningful access to public schools will be assured

d. all of the above

Answer: D

55. The family of Garret F. asked that the Cedar Rapids Community School District provide him with:

a. a special tutor to assist with course preparation

b. continuous one-on-one nursing services during the school day

c. nursing and educational services at his home

d. all of the above

Answer: D

56. Much of the debate between Stevens and Thomas concerns their interpretations of the ___________ of the IDEA.

a. “related services” provision

b. relevance

c. constitutionally

d. “excluded services” provision

Answer: C

57. Justice Thomas, writing for the minority, believes all but:

a. IDEA should be narrowly construed

b. Congress did not intend to place huge financial burdens on states

c. The federal government should be able to force states to assist “special needs” students

d. All of the above

e. None of the above

Answer: C

58. Which of the following is currently true regarding affirmative action:

a. all racial classifications are suspect

b. racial quotas are unconstitutional

c. intermediate scrutiny is the standard used

d. a. and b.

e. all of the above

Answer: B

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59. According to the Bakke decision:

a. race can be used as a positive factor in affirmative action programs

b. racial quotas are sometimes appropriate to make up for past discrimination

c. race cannot be used in medical school admissions

d. all of the above

e. none of the above

Answer: E

60. Megan’s Law involves the question of whether or not a violation of the Eighth Amendment has occurred hinges on whether or not the “registration requirement” can be considered:

a. a violation of the individual’s right to privacy

b. punishment

c. unfair

d. unconstitutional

e. all of the above

Answer: E

61. The ex post facto clause of the Constitution forbids the enactment of any law that:

a. seeks to punish an individual twice for the same crime

b. imposes civil as well as criminal penalties for the same act

c. imposes punishment for an act that was not punishable when it was committed

d. none of the above

Answer: C

62. According to Justice Anthony Kennedy, who does not believe that public school officials are liable for damages in cases of student-on-student sexual harassment, schools cannot be held liable for peer sexual harassment because Title IX:

a. has been declared unconstitutional by the U.S. Supreme Court

b. prohibits misconduct by grant recipients, not misconduct by third parties

c. prohibits sexual harassment in the workplace only

d. does not apply to the actions of minors

Answer: B

63. The sexual harassment of LaShonda Davis:

a. continued over a period of time

b. was an isolated incident

c. was invited behavior

d. should have been resisted more strenuously

Answer: D

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64. According to the Monroe County Board of Education, the board should be found liable for damages under Title IX only:

a. for their own misconduct

b. if they had prior notice of sexual misconduct by another student

c. if they consented to being sued in federal court

d. if there was no other legal remedy

Answer: B

65. In passing the Individuals with Disabilities Education Act (IDEA) Congress intended that:

a. monetary aid be given to states to help to increase the number of special needs students in regular classes

b. guarantee that all special needs students are “mainstreamed”

c. that all “related services” be paid for by school districts

d. the meaning of “related services” be liberally construed

e. IDEA should always be liberally construed

Answer: E