American Courts Exam 2

Brown v. Board of Education overturned the separate but equal doctrine, articulated in the Plessy v. Ferguson case of 1896.

True

Civil Rights Act of 1866 was designed to invalidate the black codes enacted in the South during the Civil War

True

In Title II of the Civil Rights Act of 1964 prohibited racial discrimination in places of public accomodation that affect interstate commerce

True

In the heart of Atlanta Motel v. the United States 1964, the Supreme Court invalidated Title II of the Civil Rights Act of 1964

False

Under Title 8 of the Civil Rights Act of 1968, also known as the Fair Housing Act, anyone selling or renting a house or apartment, through a licensed agent, became subject to penalty by refusing to sell or rent the unit on the basis of race, color, national origin, or religion

True

The 24th Amendment of the United States constitution outlawed the use of poll tax in federal elections

True

The Supreme Court has not addressed the constitutionality of bans on same sex marriage

False

The Supreme Court’s decision in City of Cleburne v. Cleburne Living Center in 1985, relied upon the legal test of strict scrutiny

False

Slavery was formally abolished by the ratification of the __ amendment to the Constitution

13th

The __ made it a federal crime to conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise of any right or privilege secured to him by the Constitution of the law of the United States

Enforcement Act of 1870

The case of made separate but equal allowable, leading to the spread of Jim Crow laws and the case of __ made separate but equal illegal, at least for schools

Plessy v. Ferguson, Brown v. Board of Education

Laws discriminating against citizens on grounds of race or national origin are viewed as inherently suspect and are, therefore, subject to __ by the courts

strict scrutiny

In which Supreme Court case was a ban on interacial marriage struck down as a violation of the 14th Amendment

Loving v. Virginia

The case of City of Cleburne v. Cleburne Living Center 1985 dealt with a town’s decision to deny a zoning permit for a business that wanted to create a home for the mentally handicapped. Since neither race nor gender served as a basis of discrimination here the Supreme Court used __

Rational Basis Test

An officer sees a person repeatedly looking into the window of a closed business and walking back and forth in front of it. Based on these specific observations, the officer briefly stops the person and asks questions. The stop can be constitutional under Terry v. Ohio even though the officer does not have probable cause to arrest the person

True. Terry permits a brief investigative stop when the officer has reasonable suspicion based on specific articulable facts

An officer observes a person standing on a street corner. The person has committed no suspicious conduct, but the officer believes the person looks like a criminal. The officer stops and frisks the person for weapons. This is contrary to Terry

False

During a lawful terry frisk for weapons, an officer feels an object in a suspect’s pocket that immediately feels like a weapon. The officer may seize the object to protect officer safety

True

Under Mapp v. Ohio, evidence obtained by state or local police through an unconstitutional search can be excluded from a criminal trial

True

A police officer conducts an unconstitutional search that finds evidence of a serious crime. The evidence must always be admitted because the seriousness of the crime outweighs the 4th Amendment violation

False

Exlusionary rule can prevent illegally obtained evidence from being used, although there is recognized exceptions to the exlusionary rule. What are some recognized exceptions

Carroll Doctrine

An officer has reasonable suspicion that a person is involved in a robbery, but has no reason to believe the person is armed and dangerous. The officer may automatically perform a full body frisk simply because reasonable suspicion exists

Falsed

Damaging someone’s reputation with a false statement is

Defamation

Freedom of assembly is protected by constitutional amendment

1st

Unenumerated rights are most likely to be protected under which Constitutional Amendment?

9th

The Bill of Rights to the U.S. Constitution ratified in 1791, provide a set of limitations that enable citizens to look to their federal government for protection against actions by their state goverment

False

Dialogue over ample alternatives arise with what level of scrutiny

intermediate scrutiny

The Supreme Court has repeatedly upheld teacher led prayers in elementary school settings

False