JOUR 303 EXAM 1 QUESTS

JOUR 303 EXAM 1 QUESTS Personal jurisdiction refers to a court's authority over people and/or organizations. (True/False) True Some state representatives to the Constitutional Convention agreed to ratify the U.S. Constitution because of a promise that the Bill of Rights would be adopted. (True/False) True Appellate courts have original jurisdiction. (True/False) False Subject matter jurisdiction refers to a court's jurisdiction over a particular type of cause of action. (True/False) True The U.S. Circuit Court of Appeals is significant because almost all of its decisions are reviewed by the Supreme Court of the United States. (True/False) False In a court proceeding, the side, or party, that seeks an appeal is called the petitioner. (True/False) True Case law happens when judges apply particular law to the facts of individual cases. (True/False) True The U.S. Constitution is called the "supreme law of the United States" because it was drafted before the states were formed. (True/False) False The U.S. Constitution was ratified in 1787. (True/False) True The United States District Court is the main trial court in the Federal system. (True/False) True The Bill of Rights consists of the first 12 amendments to the U.S. Constitution. (True/False) False In a civil lawsuit, the party who is sued is known as the defendant. (True/False) True In the United States, laws come from four sources: constitutions, statues, treaties, and court cases. (True/False) False Defendants in any kind of legal proceeding who proceed to trial may ask the judge to serve as both judge and jury. (True/False) True A state may restrict its citizens' liberties to greater degree than can the federal government. (True/False) False Judicial review refers to a court's authority to review an act by the legislative or executive branches to determine is that act is consistent with the principles outlined in the constitution. (True/False) True Judicial review refers to a court's authority to review an act by the legislative or executive branches to determine if that act is consistent with the principles outlined in the constitution. (True/False) True In a trial, the jury is the "finder of fact." (True/False) True A court opinion is a statement from a judge providing his or her personal opinion about whether a party is guilty or liable for the charged or complained of offense. (True/False) False Appellate Courts are similar to trial courts in that they both try cases and hear new evidence about guilt or innocence. (True/False) False When the Supreme Court agrees to hear a case on appeal, it issues a petition for certiorari. (True/False) False In a civil case, the document that initiates the legal proceeding is called an indictment. (True/False) False James Madison, Alexander Hamilton, and Benjamin Franklin drafted what became known as the Federalist Papers. (True/False) False A tort refers to a criminal wrongdoing. (True/False) False An appellate court bases its opinion on the testimony of witnesses and evidence presented at the trial court level. (True/False) False The doctrine of incorporation refers to the fact that the protections in the First Amendment (and other parts of the Bill of Rights) apply to state and local governments via the Fourteenth Amendment. (True/False) True "Seditious speech," or speech in opposition to government, has been subject to punishment throughout much of history. (True/False) True "The pursuit of truth" is a rationale often citied in support of the right to freedom of expression. (True/False) True Individual self-fulfillment (of the speaker) is often cited as a rationale for protecting the right to freedom of expression. (True/False) True Freedom of speech includes the right to make or distribute obscene materials. (True/False) False In 1733, a jury convicted New York printer John Peter Zenger of libel for publications critical of the royal governor. (True/False) False In the Soldier of Fortune I case, the magazine Soldier of Fortune was found to bear some responsibility for the death of a man who was killed by a "hitman" who was hired after running an ad in the magazine. (True/False) False Freedom of speech includes the right not to speak. (True/False) True Freedom of speech includes the right to engage in "symbolic speech," such as burning the flag in protest. (True/False) True To be constitutional, Time, Place and Manner restrictions must withstand a two-part analysis. (True/False) False Censorship is the suppression of ideas and information that individuals, groups or government officials find objectionable or dangerous. (True/False) True Alexander Hamilton was the primary crafter of the First Amendment. (True/False) False Freedom of speech does NOT include the right to use certain offensive words and phrases to convey political messages. (True/False) False If a private entity or company censors material, it violates the First Amendment. (True/False) False The First Amendment effectively allows us to judge the difference between good ideas and bad ones. (True/False) True The outcome of the trial of John Peter Zenger is regarded as a milestone in the development of freedom of the press in the United States. (True/False) True In summarizing the concept of individual self-fulfillment, Emerson wrote that "suppression of belief, opinion and expression is an affront to the dignity of man, a negation of man's essential nature." (True/False) True State and federal governments may place reasonable restrictions on the time, place and manner of individual expression. (True/False) True John Milton's Paradise Lost was the first major text on the freedom of the press. (True/False) True