Quiz 1

Question 1

What is the Rule of Law?

Answer 1

The principle under which all persons, institutions, and entities are accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international principles of human rights.

Question 2

What is the Constitution?

Answer 2

Referred to as the supreme law of the land in the United States.

Question 3

What is constitutional law?

Answer 3

Establishes the fundamental rights and powers of the government and citizens, notably the nature, functions, and limits of government.

Question 4

What are statutes?

Answer 4

Laws that are written and passed by a legislative body, like state legislature or the U.S. Congress.

Question 5

What is black-letter law?

Answer 5

Formally enacted, written law that is available in legal reports or other documents.

Can be changed.

Question 6

What is statutory construction?

Answer 6

How the court resolves an unclear, imprecise, or ambiguous law.

Question 7

What is strict construction?

Answer 7

A court’s definition of a law according to its literal meaning and stated intent.

Question 8

What is facial meaning?

Answer 8

The ‘plain meaning’ of a law’s wording.

Question 9

What is common law?

Answer 9

Judge-made law, mainly at state level, that represents a vast body of legal principles.

Question 10

What is civil law?

Answer 10

Branch of law that handles disputes between individuals or organizations.

Question 11

What is criminal law?

Answer 11

Branch of law that deals with offenses against the public.

Question 12

What is administrative law?

Answer 12

Governs actions of government agencies.

Question 13

What are executive orders?

Answer 13

Source of law issued by government executives, such as the President.

Question 14

What is federalism?

Answer 14

The principle under which states are related to, yet independent of, the federal government and each other.

Question 15

What is judicial review?

Answer 15

The power of the courts in the United States to determine whether the actions of the legislative, executive, and administrative bodies of government are in accordance with the U.S. Constitution.

Question 16

What is jurisdiction?

Answer 16

Refers to the authority of a court to hear cases and make legal decisions, including geographic scope and whether the case involves a federal or state question.

Question 17

What is the U.S. Supreme Court?

Answer 17

Functions primarily as an appeals court, hearing cases on appeal from federal courts, regulatory agencies, and state supreme courts.

Question 18

What is a writ of certiorari?

Answer 18

Describes when there is a compelling reason for the SCOTUS to take a case.

Question 19

What is the structure of state courts?

Answer 19

State Trial Courts -> State Appellate Courts -> State Supreme Courts -> U.S. Supreme Court.

Question 20

What is the structure of federal courts?

Answer 20

U.S. District Courts -> U.S. Courts of Appeals -> U.S. Supreme Court.

Question 21

What is probable cause?

Answer 21

The standard of evidence required to make an arrest or issue a search warrant.

Question 22

What is a grand jury?

Answer 22

Hears evidence to determine if there is probable cause.

Question 23

Who is the plaintiff?

Answer 23

The person who files a civil complaint or lawsuit and has the burden of proving their case.

Question 24

Who is the defendant?

Answer 24

The person responding to a civil suit.

Question 25

What is a tort?

Answer 25

The civil injury or damage one person or organization inflicts on another.

Question 26

What is a subpoena?

Answer 26

Issued legal command to appear and testify in court.

Question 27

What is jury selection?

Answer 27

Attorneys for both sides may challenge individuals in the process of seating jurors.

Question 28

What is summary judgment?

Answer 28

A determination by a court without a full trial, when a party to a lawsuit asks a court to dismiss a case.

Question 29

What are the 5 Freedoms of the First Amendment?

Answer 29

Speech; Religion; Petition; Assembly; Press.

Question 30

What are licensing laws?

Answer 30

In 1500s England, demanded that all printing presses be licensed by the government.

Question 31

What is the seditious libel law?

Answer 31

Made it a crime to publish anything disrespectful to the King, State, Church, or their officers.

Question 32

What is prior restraint?

Answer 32

Restraint on what you speak before you speak it.

Question 33

What is original intent?

Answer 33

Looking into history to try and determine the framers' intentions when they wrote it.

Question 34

What is ad hoc balancing?

Answer 34

When courts make decisions by weighing the specific facts on each side, i.e. which side has greater constitutional merit.

Question 35

What is categorical balancing?

Answer 35

Balancing the nature of speech against any competing societal values.

Question 36

What was the ruling in Near v. Minnesota?

Answer 36

The government can prevent the publication of obscenity, incitements to violence and overthrow of government, and 'words that may have all the effect of force' (fighting words).

Question 37

What was the ruling in New York Times Co. v. United States?

Answer 37

Laid out a doctrine that said they have to weigh national security implications before the government could argue to exercise prior restraint.

Question 38

What is rational review?

Answer 38

A law is constitutional if the government can show it serves a rational purpose.

Question 39

What is a content-based law?

Answer 39

Laws that regulate WHAT is being said; some types of speech are regulated differently.

Question 40

What is a content-neutral law?

Answer 40

Laws that restrict where, when, or how ideas are expressed.

Question 41

What is political speech?

Answer 41

The core of what the First Amendment is designed to protect, including ballots, voting, campaign speeches, and lobbying.

Question 42

What is government speech?

Answer 42

Applies to those who work for the government and applies to the government itself, allowing classification of sensitive materials and control of employee speech.

Question 43

What is compelled speech?

Answer 43

The government may not force citizens to express ideas with which they disagree. ## Footnote Ex. Pledge of Allegiance is not required.

Question 44

What is election speech?

Answer 44

Distinct from political speech; it's about campaign spending.

Question 45

What is anonymous speech?

Answer 45

Protects the ability for individuals to make political statements anonymously, though in limited circumstances.