Exam 3: Making Law

Under strict scrutiny review, any legislation enacted must:

If neither a fundamental right nor a suspect classification is implicated in a law, the U.S. Supreme Court will use which standard of review?

Which of the following is true regarding a court reversing their own prior decisions?

What means "the reason for the decision"?

Which type of incorporation believes that there is no necessary relationship between the due process clause of the Fourteenth Amendment and the Bill of Rights?

The First Amendment covers the right to be free from unreasonable searches and seizures.

The document adopted by the colonists in 1781 in their first attempt to form a unified national government was called the:

Which amendment states that the listing of some rights in the Constitution should not be construed as a listing of all the rights retained by individual citizens?

Administrative regulations are another form of legislation that under certain circumstances may have the force of law.

Physical acts, when intended to make a point, are referred to as commercial speech.

Obiter dicta means "let the decision stand."

Under the common law system developed in England, every final decision by a court creates a precedent.

The Third Amendment provides citizens with the right to "keep and bear arms" and states that this right shall not be "infringed"

Define the four types of incorporation. Which do you feel should be the type used by the court? Explain your answer.

Under the principle of ____________, if there is a prior decision on a legal issue that applies to a current case, the court will be guided by that prior decision and apply the same legal principles in the current case.

According to the case of Lemon v. Kurtzman (1971), which of the following is one of the ways any statute affecting religion is valid?

In which case did the U.S. Supreme Court suggest that some of the individual rights in the Bill of Rights might be protected from state action not because the Bill of Rights applied to the states but because these rights "are of such a nature that they are included in the conception of due process of law"?

The common law was:

To date, the U.S. Supreme Court has held that only race and religion are suspect classifications in all circumstances.

Additional supporting statements in a court opinion are called: