About things like due process and justice in general

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Reference no: EM133941060

Questions

1. Which of the following conceptualizations was on the minds the founding fathers when they were thinking about things like due process and justice in general?

A. custom and common law
B. habitus and discourse
C. equality and equity
D. fairness as decency

2. Besides liberty, which concept or idea in John Locke's philosophy most influenced the founders in terms of establishing a common motivator for Americans to behave properly?

A. money
B. utility
C. amity
D. propinquity

3. Which aspect of justiciability requires a "nexus", a "zone of interest, and a "but for" test?

A. non-justiciability ("not us")
B. standing ("not you")
C. ripeness ("too soon")
D. Mootness ("too late")

4. Which of the following requires strict scrutiny under the current interpretation of the equal protection clause?

A. affirmative action

B. gender-based discrimination

C. discrimination based on sexual orientation

D. discrimination based on age.

5. Which exercise of the Commander-in-Chief powers requires Congress to keep silent?

A. maintaining neutrality
B. protecting Americans abroad
C. national security
D. committing troops domestically

6. Which part of the Commerce clause gives state and local authorities the broadest powers to take pre-emptive action toward increasing diversity within their jurisdictions with little or no federal interference?

A. Cooley Doctrine
B. Dillon Rule
C. Substantial Effects Doctrine
D. Necessary and Proper clause

7. Which part of the Commerce clause is predominantly interpreted as NOT providing the basis for any substantive rights?

A. Dormant Commerce Clause
B. Foreign Commerce Clause
C. Interstate Commerce Clause
D. Indian Commerce Clause

8. Weak scrutiny is generally known as rational basis scrutiny and is considered to be a reasonableness standard.

A. True
B. False

9. Marbury v. Madison simply upheld the power of judicial review and gave the Court the ultimate power to interpret the Constitution any way they want as expressly provided for in the Constitution.

A. True
B. False

10. Which strand of feminist legal theory is the one which most affected and changed criminology?

A. 1970's feminism
B. Second wave feminism
C. Dominance feminism
D. Cultural feminism

11. Which concept in critical race theory most points out the importance of complicity (standing idly by and doing nothing) as being at the root of permanent ordinary racism and sexism?

A. white guilt
B. narrative
C. privilege
D. the Other

12. According to global legal theory, what concept or set of ideas represent its most central contributions to constitutional law?

A. boundaries or borders
B. citizenship and/or governance
C. portability of justice system
D. human rights and war reparations

13. Which portion of 1st Amendment law is the one where the Court most aims to prevent a "chilling effect" on freedom of expression?

A. void for vagueness doctrine
B. substantial overbreadth doctrine
C. time, place, and manner restrictions
D. symbolic speech

14. The Central Hudson Test in commercial speech law has how many parts judges must rule on?

A. two
B. three
C. four
D. five

15. The "marketplace of ideas" is

A. another name for a public forum

B. the title of the book found obscene in Miller v. California

C. was rejected in United States v. Stevens

D. is a metaphor used to explain why truth is more likely emerge in a society that tolerates the expression of ideas that are repulsive, hateful, and offensive as well as ideas that have value

16. Which legal concept in free press law is the most confusing and controversial?

A. prior restraint
B. retraction
C. malice
D. misleading-ness

17. Which part of the Constitution allows federal intervention to override state shield laws when it comes to a reporter protecting their anonymous sources?

A. substantial government interest level of scrutiny
B. the Brandenburg rule
C. the Central Hudson test
D. the Supremacy clause

18. Gun control laws and regulations are ultimately guided by what, if anything, of constitutional import and universal concern?

A. self-protection
B. curtailing revenge
C. felony disenfranchisement
D. mental deficiencies

19. Professor Tribe's proposed 28th amendment includes, among other things, getting away from the troublesome "forum analysis" in free speech law.

A. True
B. False

Reference no: EM133941060

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