Q&A Hero

Q: When the body of the deceased is available, but doctors are unable to testify specifically that the cause of death was due to an unlawful act a. jurors may speculate as to cause of death b. the defendant is still likely to be convicted of murder c. the defendant will likely plead self defense d. corpusdelictihas not been proved

Q: If the body of the murder victim is never found, the defendant a. may be held in custody indefinitely b. may be convicted based on circumstantial evidence c. can never be convicted of murder d. may be convicted only of manslaughter

Q: The Latin term meaning the body or substance of the crime (proof that a crime has been committed) is a. habeas corpus b. corpus collosum c. corpus delicti d. corpus respondeat

Q: Which of the following requirements is NOT included in those generally required by courts to reduce murder to manslaughter? a. there must be adequate provocation b. the killing must have been in a heat of passion c. the killing must not have occurred during another crime d. there must be a causal connection between the provocation, the rage or anger, and the fatal act

Q: Which of the following requirements is included in those generally required by courts to reduce murder to manslaughter? a. there must be adequate provocation b. the killing must have been in a heat of passion c. there must have been no opportunity to cool off d. all of these are included in the requirements for reducing murder to manslaughter.

Q: A clear and present danger is the possibility that some speech or conduct will bring harm to people or property .

Q: First Amendment freedoms and the rights of expression in public places are not .

Q: The use of public property is subject to regulations.

Q: Violation of a restraining order can subject the violator to a charge.

Q: Fighting words differ from ordinary rude language because they carry the possibility of inciting another to .

Q: The two main forms of are libel and slander.

Q: All states have laws forbidding a breach of the peace, also known as .

Q: Under the First Amendment, government cannot forbid unless it is likely to bring harm to people or property.

Q: Fawn purchases a gun for protection, even a local ordinance forbids the possession of firearms within city limits. While in her home, the police arrive on an unrelated matter and notice the hand gun on Fawn's coffee table. The police subsequently arrest Fawn for violation of the city's gun control laws. Fawn admits to taking the gun with her to do her shopping, in violation of the city's ban on guns. Which of the following statements is most accurate? a. The city has no right to prevent Fawn from taking her gun to the stores. b. The city can require Fawn to obtain a permit for owning a gun. c. The city can require Fawn to obtain a permit to carry a concealed handgun when she shops. d. The city has no ability to prevent Fawn from taking her gun to school.

Q: Fawn purchases a gun for protection, even a local ordinance forbids the possession of firearms within city limits. While in her home, the police arrive on an unrelated matter and notice the hand gun on Fawn's coffee table. The police subsequently arrest Fawn for violation of the city's gun control laws. How does the Hellerdecision of the Supreme Court apply to Fawn's possession of a handgun in this preface? a. Fawn had the gun in her car b. Fawn did not have a owner's permit c. Fawn's gun was found in the house d. The Hellerdecision deals with free speech and therefore does not apply to the preface

Q: Fawn purchases a gun for protection, even a local ordinance forbids the possession of firearms within city limits. While in her home, the police arrive on an unrelated matter and notice the hand gun on Fawn's coffee table. The police subsequently arrest Fawn for violation of the city's gun control laws. Which Amendment does this preface mostly deal with? a. First b. Fifth c. Second d. Sixth

Q: Janie is in love with Brad Pitt and sends fan letters to him constantly. Over time, the letters become more sinister and demanding, eventually containing threats and defaced pictures of Pitt. Frustrated with a lack of response, Janie begins to take time out of school to walk the sidewalk outside Pitt's home, and to follow him around the city. She finally corners Pitt alone and threatens to kill herself if he does not obtain an immediate divorce from Angelina Jolie and marry her. Pitt immediately goes to court. Which of the following is not a reason Janie would not be found guilty of stalking? a. spying on Pitt from the sidewalk b. following Pitt around the city c. mailing letters to Pitt d. going to the Brad Pitt Internet fan page

Q: Janie is in love with Brad Pitt and sends fan letters to him constantly. Over time, the letters become more sinister and demanding, eventually containing threats and defaced pictures of Pitt. Frustrated with a lack of response, Janie begins to take time out of school to walk the sidewalk outside Pitt's home, and to follow him around the city. She finally corners Pitt alone and threatens to kill herself if he does not obtain an immediate divorce from Angelina Jolie and marry her. Pitt immediately goes to court. Janie runs the most serious legal risk because of a. the defaced pictures included in her letters b. her use of the US. Mail to send threatening letters c. Pitt's married status d. her presence on the sidewalk outside of Pitt's residence

Q: Janie is in love with Brad Pitt and sends fan letters to him constantly. Over time, the letters become more sinister and demanding, eventually containing threats and defaced pictures of Pitt. Frustrated with a lack of response, Janie begins to take time out of school to walk the sidewalk outside Pitt's home, and to follow him around the city. She finally corners Pitt alone and threatens to kill herself if he does not obtain an immediate divorce from Angelina Jolie and marry her. Pitt immediately goes to court. Which of the following would be considered to be a "true threat"? a. The defaced pictures contained in Janie's letters. b. None of these choices. c. The cornering of Pitt. d. Janie's threat to kill herself.

Q: Mike is the local political agitator and has been on his soap box to denounce the local mayor of the city where he lives. He claims the mayor has stolen from the city treasury and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a likeness of the mayor. Mike was arrested by city police and charged with inciting a riot and slander, as well as making threats against a public official. Cleared of all charges, Mike leaves the courtroom and makes an obscene gesture towards the mayor. The mayor feels threatened but the courts would not view this gesture as a. "fighting words" b. being in good taste c. funny d. nuisance speech

Q: Mike is the local political agitator and has been on his soap box to denounce the local mayor of the city where he lives. He claims the mayor has stolen from the city treasury and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a likeness of the mayor. Mike was arrested by city police and charged with inciting a riot and slander, as well as making threats against a public official.The mayor makes a statement to the press that he is innocent of Mike's charges and was defamed by his speech.The mayor stands little chance of winning in court, however, because the mayor a. is a public figureb. is actually guiltyc. was not harmed by the speechd. cannot forbid nuisance speech

Q: Mike is the local political agitator and has been on his soap box to denounce the local mayor of the city where he lives. He claims the mayor has stolen from the city treasury and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a likeness of the mayor. Mike was arrested by city police and charged with inciting a riot and slander, as well as making threats against a public official. The city claims that Mike's demand that the citizens of the city march on city hall is tantamount to a. inciting b. slander c. symbolic d. nuisance speech

Q: Mike is the local political agitator and has been on his soap box to denounce the local mayor of the city where he lives. He claims the mayor has stolen from the city treasury and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a likeness of the mayor. Mike was arrested by city police and charged with inciting a riot and slander, as well as making threats against a public official. Mike disputes the charges one by one, claiming the burning of the mayor's likeness is protected speech. a. unpatriotic b. slander c. symbolic d. hate

Q: The explicit right to privacy may be found in the Constitution's a. First Amendmentb. Fourth Amendmentc. Second Amendmentd. None of these choices

Q: City governments can regulate all of the following types of noise or speech except a. disagreeable noisesb. nuisance speechc. loud and raucous noised. public nuisances

Q: Statements or actions that unequivocally convey the message that violent actions will be taken is the definition of a. hate speech b. threats of violence c. terrorist threats d. true threat

Q: A serious expression of the intent to inflict bodily harm is the definition of a. hate speech b. threats of violence c. terrorist threats d. true threat

Q: Nonverbal expressions that convey a belief or idea is the definition of what type of speech? a. libel b. slander c. symbolic d. hate

Q: Flag and cross burning is an example of what type of speech? a. unpatriotic b. slander c. symbolic d. hate

Q: Insulting or abusive language is an example of what type of speech? a. threatening speech b. obscene speech c. fighting words d. vulgar speech

Q: Which of the following type of speech when directed to a police officer is protected by the First Amendment? a. threats b. speech connected to disorderly conduct c. fighting words d. vulgar gestures

Q: Speech that is likely to incite immediate violence is called a. political speech b. disorderly conduct c. fighting words d. advertising

Q: Loud, obnoxious or otherwise offensive conduct in a public place is called a. political speech b. disorderly conduct c. fighting words d. advertising

Q: The First Amendment protects the freedom of religion, speech, free assembly, the press, and a. petitioning Government for redress of grievances b. suing Government for redress of grievances c. libeling Government for redress of grievances d. slandering Government for redress of grievances

Q: The offense of injuring the character or reputation of another by oral or written communication of false statements is a. defamation b. libel c. slander d. stalking

Q: According to the U.S. Supreme Court, the following is not protected by the First Amendment freedom of religion clause EXCEPT: a. worship b. violation of child labor laws c. polygamy d. handling dangerous animals in a religious ceremony

Q: A state or federal gun control law is likely to a. violate the Second Amendment b. be supported by the NRA c. struck down by the federal court d. be upheld

Q: The Second Amendment refers to whose right to keep and bear arms?a. the states b. the militias c. the peopled. the National Guard

Q: Stalking is a crime a. if the stalker actually harms the victim b. if the stalker attempts to harm the victim c. even if the stalker does not attempt to harm the victim d. if the victim can identify the stalker

Q: The crime of unlawful assembly a. prohibits the assembly of people for an unlawful purpose or under circumstances that endanger the public peace b. prohibits political demonstrations without a permit c. allows the government to limit First Amendment speech d. was a common crime that most jurisdictions no longer recognize

Q: The offense of urging another to commit an unlawful act is a. inciting b. libel c. slander d. stalking

Q: A person who lies to federal investigators can be charged under the a. Federal Fraudulent Claim Act b. Federal Obstruction of Investigation Act c. Federal Perjury Act d. Federal False Statement Act

Q: Which of the following is NOT one of the guidelines for American courts to define obscenity established in the 1973 case of Millerv.California?a. Whether "the average person applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest.b. Whether the work or communication depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.c. Whether the work or communication, taken as a whole, lacks serious literary, artistic, political, or scientific value.d. all of these are guidelines established to define obscenity in the 1973 case of Millerv.California

Q: When a city or state restricts conduct in public places a. it must have proof that the conduct is or will be harmful b. the public place must attract large numbers of people c. the restrictions must not be aimed at speech d. it must show it has a significant interest in placing restrictions and they must be no greater than necessary

Q: Using the U.S. mail or e-mail to convey a threat of violence isa. a form of pure speechb. a form of symbolic speech c. considered fighting words d. a violation of federal law

Q: The test used to judge government restrictions on speech is called the a. clear and present danger test b. libel and slander test c. stalking test d. violence test

Q: Speech that, because it will likely incite immediate violence, is not protected by the First Amendment is known as a. fighting words b. obscenity c. rude language d. incitement

Q: In DistrictofColumbiav.Heller, 128 S.Ct. 2783 the U.S. Supreme Court held that the Second Amendment was a a. private right b. state right c. federal right d. government right

Q: Which of the following is not a way one person might stalk another person?a. spying on the victim b. following the victim c. e-mailing the victimd. reading a Facebook page

Q: Which of the following has NOT been considered to be a "true threat"? a. threats against public officials b. threats by schoolchildren against teachers or other students c. terrorist threats d. support of extreme political beliefs

Q: Defamation is the communication of false statements that a. cause another to commit a breach of the peace b. pose a clear and present danger c. are patently offensive d. damage the reputation of another

Q: What is the name given to speech which injures the character or reputation of another by written communication? a. slander b. libel c. extortion d. false publication

Q: The two forms of defamation are a. past and imminent b. libel and slander c. latent and patent d. dangerous and offensive

Q: The crime of inciting occurs when speech or communication urgesa. violent lawless actionb. imminent lawless action c. obscene lawless action d. felonious lawless action

Q: The offense of inciting occurs a. if the person incited actually commits the crime b. if the person inciting participates in the criminal act c. even if the unlawful act is never actually committed d. if the inciting words are expressed in a loud and forceful voice

Q: Public use of vulgar, profane, or indecent language or signs a. is generally protected speech b. is never protected by the First Amendment c. violates the First Amendment only if it is offensive to the general public d. is automatically considered a breach of the peace

Q: In determining whether something is obscene, the court will view the material from the point of view of a. expert witnesses b. a reasonable police officer c. the average person applying community standards d. a person well acquainted with art and literature

Q: Patently offensive sexual material which is not protected by the First Amendment would be a. pornography b. obscenity c. profanity d. blasphemy

Q: A statute forbidding persons not in custody from making false statements to law enforcement officers, even if not under oath, would a. not violate the First Amendment b. violate the First Amendment c. violate the privilege against self-incrimination d. violate due process

Q: Symbolic speech such as uniforms, religious garb, black armbands, and hand gestures express messages and ideas and are protected by the a. First Amendment b. Second Amendment c. Third Amendment d. Fourth Amendment

Q: The fighting words exception to First Amendment protection generally requires a. the use of obscenity b. face-to-face confrontation c. a defamatory message d. vulgar language

Q: Which of the following are forms of speech that are NOT protected by the First Amendment? a. political speech b. commercial communications c. fighting words d. advertising

Q: One test for when government can ban speech because of its potential for harm is the a. clear and present danger test b. obvious and current harm test c. contingent and imminent injury test d. overt and contemporary peril test

Q: A person can stalk another by physically intruding into the other person's life. a. True b. False

Q: An email threat against all females will constitute a "true threat." a. True b. False

Q: The Supreme Court has stated that the right to bear arms is a "fundamental right" made binding on states by the Due Process clause. a. True b. False

Q: Cyber stalking, or using the Internet to stalk or harass a person, is a variation on the usual physical acts in stalking. a. True b. False

Q: The offense of inciting another to commit a crime is not completed until the other person performs the unlawful act. a. True b. False

Q: Violations of restraining orders are not "true threats". a. True b. False

Q: According to the U.S. Supreme Court, it is the duty of law enforcement to define obscenity. a. True b. False

Q: Local, state, or federal governments in the United States cannot forbid or suppress speech and punish the speaker unless the speech is likely to bring harm to people or property. a. True b. False

Q: "Fighting words" are protected speech under the First Amendment. a. True b. False

Q: Freedom of speech is an absolute right. a. True b. False

Q: When has a person crossed the line and committed the crime of stalking? How do protective orders seek to address the problem stalker?

Q: What is the basis for the Supreme Court's decision that the Second Amendment is binding on the states?

Q: Explain the considerations identified by courts in determining the regulations and controls that government may use over public places. How are these factors applied?

Q: When are threats of violence considered a crime? Give examples of such criminal threats. What happens when criminal threats are made through interstate communication devices?

Q: Explain how a protester burning the American flag or a cross can be engaged in protected speech under the First Amendment.

Q: What is the difference between libel and slander? How are public officials treated under defamation laws?

Q: List and explain the guidelines established by the U.S. Supreme Court in the 1973 case of Millerv.California for courts to define obscenity.