Deck 1: Public Communication and the Law

Question 1

The federal constitution is the country's ultimate legal authority.

Answer 1

True

Question 2

The U.S. Supreme Court, the nation's supreme judicial body, has the last word on the meaning of the federal constitution. Each state's supreme court is the interpreter of that state's constitution.

Answer 2

True

Question 3

Amendments to the U.S. Constitution must be ratified by three-fourths of the state legislatures or by state constitutional conventions in three-fourths of the states.

Answer 3

True

Question 4

The federal constitution is easy to amend and therefore has been changed frequently.

Question 5

Federal regulatory agencies are bound by the requirements of the Administrative Procedure Act (APA). The APA specifies the procedures that must be employed when an agency enacts rules or enforces regulations.

Question 6

A Federal Communications Commission (FCC) rule limiting the amount of advertising appearing in a magazine may be challenged on the ground that the agency has exceeded its statutory authority.

Question 7

The Supremacy Clause of the U.S. Constitution provides that state law cannot supersede federal law.

Question 8

Most communication cases are brought in criminal court rather than civil court.

Question 9

Common law is enacted by legislatures or administrative agencies.

Question 10

The U.S. Constitution mandates only one federal court, the U.S. Supreme Court, but allows Congress to create other courts.

Question 11

The U.S. Constitution provides that amendments must be ratified by the President.

Question 12

Three circuits of the U.S. Court of Appeals, the Second Circuit, the D. C. Circuit, and the Ninth Circuit, are especially important to communication law.

Question 13

The U.S. Supreme Court rarely exercises original jurisdiction; it primarily functions as an appellate court.

Question 14

In 2016, Senate Republicans refused to confirm President Obama's nominee to fill the U.S. Supreme Court vacancy created by the death of Justice Scalia.

Question 15

If the U.S. Supreme Court splits 4-4 on a case, it affirms the lower court judgment without indicating how individual justices voted; no Supreme Court precedent is created by such summary affirmance.

Question 16

The U.S. Supreme Court refuses to grant the vast majority of petitions for certiorari it receives.

Question 17

In criminal cases, the burden of proof requirement is known as "beyond a reasonable doubt." In civil cases, same burden of proof requirement applies.

Question 18

Unlike federal judges, most state court judges are elected.

Question 19

Of the six sources of law in the United States, the common law is the most important.

Question 20

The number of cases filed with the U.S. Supreme Court has remained stable since 1954.

Question 21

With a 6-3 conservative/liberal split on the Supreme Court, the days of a single swing justice may be over. Instead, the center of the Court includes four justices: Chief Justice Roberts and Justices Gorsuch, Kavanaugh, and Barrett.

Question 22

Obscenity law is an example of a type of law enforced by private parties through civil actions.

Question 23

Chief Justice Rehnquist sought to reduce the number of cases heard by the Supreme Court. In the later part of his tenure, the Court agreed to hear arguments in fewer than 100 cases a term.

Question 24

A legal wrong committed by one person against another is often called a tort.

Question 25

Original jurisdiction cases are increasingly rare on the Supreme Court's docket.

Question 26

What is the definition of the following term:
-Common law

Question 27

What is the definition of the following term:
-Statutory law

Question 28

What is the definition of the following term:
-Administrative law

Question 29

What is the definition of the following term:
-Appellate courts

Question 30

What is the definition of the following term:
-Certiorari

Question 31

Explain the three types of challenges that may be raised against an administrative agency's action.

Question 32

Describe the U.S. Supreme Court's process in hearing and deciding a case.