Deck 10: The Substance of Justice

Question 1

​Which statement is accurate regarding the issue of prayer in Texas schools?

A)​Required public school prayer is unconstitutional because it is establishment of religion.
B)​Local politicians and school boards often try to insert prayer into schools.
C)​Many Americans support prayer in public schools.
D)​All of these statements are accurate.
E)​None of these statements is accurate.

Answer 1

D

Question 2

​In Texas,if a girl is under the age of 18 and wants an abortion,_____.

A)​her parents must be notified, but they cannot stop her from receiving the abortion
B)she is allowed to have one as long as it occurs before the fifth month of pregnancy
C)​her parents must be notified, and they can stop her from receiving the abortion
D)​she must go to another state unless her life is in danger
E)​her only option is to get someone to purchase emergency contraception for her

Answer 2

A

Question 3

​Although the U.S.Constitution protects the right to keep and bear arms,the carrying of guns is subject to _____.

A)​the U.S. Constitution under a different amendment
B)​the Texas Constitution
C)​laws passed by the Texas legislature and signed by the governor
D)​the ordinances set by individual cities and the policies of individual businesses
E)​none of these

Answer 3

C

Question 4

An example of a civil liberties issue would be _____,andan example of a civil rights issue would be _____.​

A)​prisoner rights; freedom of expression
B)​religous freedom; educational equality
C)​any violation of federal law; any violation of state law
D)​criminal laws; civil laws
E)​none of these, ascivil liberties issues and civil rights issues are the same thing

Question 5

​Your text concludes that the First Amendment freedom of expression is not designed to protect conventional or conformist views;_____.

A)nevertheless, ​its greatest impacthas been, in fact, in protecting those same views
B)​but its focus on gun rights has made it a very conservative amendment
C)​instead, it is designed to protect the expression of despised or controversial views
D)rather, the founding fathers wanted to focus primarily on religious expression
E)​all of these

Question 6

Which statement is not true?

A)Parents can refuse to have their children vaccinated against smallpox on the grounds that it violates their religious convictions.
B)Parents who refuse to salute the flag as a matter of religious conviction cannot be deprived of custody of their child.
C)Members of a church are not denied their religious freedom by a zoning law that restricts the use of property around the church building to single-family dwellings.
D)The freedom to worship requires the freedom not to worship.
E)States can provide school lunches and public facilities for church-run schools as long as government agencies do not show a preference for one church over another.

Question 7

Why did the arrest of Gregory Lee Johnson violate the First Amendment whilethe arrest of fifty Austin antiwar protesters did not violate the First Amendment?

A)The antiwar protesters were violent; Johnson was not.
B)Johnson did not have a microphone, but the antiwar protesters did.
C)Johnson did not interfere with the rights of other people, whereas the protesters disrupted the lives of others.
D)Austin police officers are better-trained than Dallas police officers.
E)There was no difference in the actions; the Supreme Court was arbitrary in its decision.

Question 8

​The use of the term secular,when referring to public policy,means that_____.

A)​public policy should serve a purpose apart from religion
B)religious citizens have their freedom of religion limited
C)​religion can never be part of public policy
D)​students in public schools do not say the Pledge of Allegiance
E)​all of these

Question 9

The First Amendment to the U.S.Constitution explicitly guarantees all of these except _____.

A)freedom of speech
B)freedom of the press
C)the right to assemble peaceably
D)the right to own firearms
E)the right to petition the government for redress of grievances

Question 10

​Your text concludes that the politics of religious freedom is often characterized by inconsistency and hypocrisy because _____.

A)​people are passionate about the issue of faith
B)​elected government officials often follow public opinion
C)​the freedom to worship requires the freedom not to worship
D)​all of these
E)​none of these

Question 11

The term civil rights refers to _____.

A)treating members of all groups equally with the members of other groups
B)protecting individual liberty
C)permitting unpopular groups to be discriminated against
D)the laws of the land
E)protecting an individual's right to religious belief

Question 12

The U.S.Supreme Court has ruled that there is a constitutional right to keep and bear arms based on the _____ Amendment.

A)First
B)Second
C)Third
D)Fourth
E)Fifth

Question 13

​What is the "castle doctrine"?

A)​A person can advocate whatever he or shebelieves in his or herown home.
B)​A person has the right to defend his or her home against intrusion.
C)​Individuals have the right in Texas to carry guns wherever they wish.
D)​College students have the right to carry guns on college campuses.
E)​All of these describe the "castle doctrine."

Question 14

The process of applying the First Amendment freedoms of the U.S.Constitution to the states through the Fourteenth Amendment is known as _____.

A)prior restraint
B)due process of law
C)civil action
D)nullification
E)incorporation

Question 15

Which of these was a U.S.Supreme Court case that arose in the Texas courts and was used to overturn antiabortion laws in all states?

A)Webster v. Reproductive Health Services
B)Roe v. Wade
C)Penry v. Lynaugh
D)Smith v. Allwright
E)Beare v. Smith

Question 16

In the case of McDonald v.Chicago,the U.S.Supreme Court ruled that _____.

A)the Texas Constitution gives citizens a right to keep and bear arms
B)private citizens have no constitutional right to carry weapons
C)citizen ownership and use of firearms is protected by the Second Amendment to the U.S. Constitution
D)the right to keep and bear arms is a protected, federal right, but not a protected state right
E)the ownership of assault weapons is protected under the Constitution

Question 17

​In the Santa Fe ISD case involving student prayer spoken over a stadium public address system,the courts ruled that _____.

A)​the school district was imposing an establishment of religion on the football game attendees
B)​the freedom of religion of the speaker of the prayer was most important and the prayer was allowed
C)​the freedom ofspeech of the speaker of the prayer was most important and the prayer was allowed
D)​the prayer was allowable because the student was elected
E)​the prayer would be allowed if it were generic

Question 18

In the 1989 decision of Texas v.Johnson,the U.S.Supreme Court ruled that _____.

A)burning the flag is a form of symbolic speech protected by the First Amendment
B)public prayers at high school football games violate the First Amendment
C)the First Amendment protects the right of antiabortion activists to picket abortion clinics
D)Ku Klux Klan demonstrations are protected by the First Amendment
E)the Second Amendment does not guarantee the right of private citizens to carry firearms

Question 19

The term civil liberties refers to the _____.

A)right to run for office and to vote in free elections
B)right to fair and equal treatment under the law
C)right of all citizens to carry a concealed handgun
D)individual freedoms from government interference needed to sustain democracy
E)all of these

Question 20

Which statement regarding abortion in Texas is correct?

A)Until 1973 there was no national abortion policy, and the Supreme Court's decision in Roe v. Wade was based on the right to privacy.
B)Texas has a strict "parental notification" law.
C)Women in Texas seeking an abortion must first view a sonogram of the fetus.
D)The Texas Republican Party has had an uncompromising pro-life plank in its party platform since 1994.
E)All of these statements are correct.
​

Question 21

​Since the 1960s,in lawsuits alleging civil rights violations against prison inmates,_____.

A)​more cases were against Texas jails and prisons than against those of any other state
B)​Texas prisons, while having certain problem areas, were far better than those in other statesat protecting the civil rights of inmates
C)​Texas moved quickly to address issues in the state's prison system
D)​Texas prisons, while having certain problem areas, were far better than those in other statesat protecting the civil rights of inmates, and Texas moved quickly to address issues in the state's prison system
E)​none of these

Question 22

In describing a case study of civil rights in _____,Texas,your text says that the community power structure,including the district attorney's office and drug task force,was so indifferent to the rights of minority citizens as to be an accomplice in a crime against them.

A)​Jasper
B)​Tulia
C)​Dallas
D)​Austin
E)​Santa Fe

Question 23

Brown v.Board of Education involved _____.

A)​use of the Fourteenth Amendment to strike down school segregation
B)​ending the white primary
C)​striking down Jim Crow laws across the South
D)​protection of freedom of speech for civil rights activists
E)​abortion rights

Question 24

​Which statement regarding Texas's historic position on civil rights is accurate?

A)​The domination of Texas by the traditionalist political culture has made it less likely that minorities' civil rights would be protected.
B)​State courts have allowed Jim Crow laws, Black Codes, and poll taxes to exist without intervention.
C)​Texas minorities have relied on federal, not state, courts to protect their civil rights.
D)​All of these are accurate descriptions.
E)​None of these is an accurate description.

Question 25

Your text concludes that Texas courts are lagging behind in civil rights and liberties but that,in education,Texas courts _____.

A)​lag even further behind
B)​take positions very much like those taken in other southern states
C)​are ahead in supporting educational equality
D)​have not lived up to democratic ideals
E)​none of these

Question 26

​In the case of civil rights of inmates in state prisons,historically _____.

A)​states actively addressed civil rights for prisoners
B)​states actively addressed civil rights for prisoners except for minority prisoners
C)​state courts aggressively movedto protect prisoner rights whilefederal courts resisted
D)​the states resisted change, and the federal courts had to become involved
E)​state and federal courts cooperated in protecting prisoners' civil rights

Question 27

​Which of these is not true of the school funding problems in the Texas legislature in the lastten years?

A)​Problems in Texas are about educational quality, not funding levels.
B)​Due to a lack of voting by poorer citizens, wealthier citizens are overrepresented in the Texas legislature.
C)​Judicial decisions have forced the legislature to make changes.
D)​The legislature cut property taxes for rich school districts, while increasing state funding for poor school districts.
E)School funding compromises have fallen apart due to the recent economic recession.

Question 28

The "equal protection of the laws" clause,which was the basis of the Supreme Court's 1954 ruling declaring racial segregation in public schools unconstitutional,is part of the _____ Amendment.

A)First
B)Fifth
C)Tenth
D)Fourteenth
E)Sixteenth

Question 29

Texas executed _____ murderers between 1982 andApril 2014.

A)32
B)97
C)112
D)514
E)about 1,000

Question 30

In 1972,the U.S.Supreme Court temporarily stopped the states from carrying out capital punishment in large part because of its finding that the death penalty _____.

A)invariably violated the Eighth Amendment ban on "cruel and unusual punishment"
B)violated the Fifth Amendment's due process clause
C)was applied in a racially biased manner
D)could not be shown to deter crime
E)violated U.S. obligations under international human rights treaties

Question 31

​The cases in Jasper and Tulia,Texas demonstrated that _____.

A)​residual racism continues to exist
B)​Texas has made progress in granting equal treatment to its citizens
C)​some parts of the state have made more racial progress than others
D)all of these
E)​none of these

Question 32

Which of these is not an example of Texas's initial response to Ruiz v.Estelle?

A)​denying that poor conditions existed
B)​stalling on reforms
C)​criticizing the federal court's interference in state matters
D)​appropriating more money for Texas prisons, although the amount was inadequate
E)​dragging out the case

Question 33

​Recent issues regarding educational segregation in Texas indicate that the issues in segregation have changed.Today,theissuesinclude which of these?

A)​Poor, middle-class, and wealthy students often live in different school districts.
B)​Schools are segregated not because of school district policy, but because of economics.
C)​Poor school districts cannot afford adequate schooling for their students.
D)​Economic disparity within and among school districts creates educational inequality.
E)​All of these are educational segregation issues in Texas.

Question 34

​When inmates of prisons sue the state for mistreatment,they rely on the _____ to protect their rights.

A)​preamble of the U.S. Constitution
B)​Prisoners' Bill of Rights
C)​Declaration of Independence
D)​Texas Constitution
E)​Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishment

Question 35

In the case of _____,a state district court judge declared that the system of public education financing in Texas violated the state's constitution.

A)Edgewood Independent School District v. Kirby
B)Brown v. Board of Education
C)Smith v. Allwright
D)Beare v. Smith
E)Texas v. Johnson

Question 36

Historically,inequities in the amount of money available to local school districts in Texas have been the result of _____.

A)discrepancies in the level of state aid allocated to each district
B)discrepancies in the level of federal aid allocated to each district
C)wide variations in the value of taxable property among districts
D)discriminatory policies implemented by the State Board of Education
E)different financial investment strategies employed by local school boards

Question 37

Among the state restrictions that violated the civil rights of blacks and Mexican Americans were

A)Jim Crow laws.
B)Black Codes.
C)poll taxes.
D)all of the above
E)none of the above.

Question 38

​"Hate crimes" legislation _____.

A)​was not passed in Texas due to substantial opposition
B)​applies to first-degree and capital murder cases
C)​increased penalties for crimes motivated by hostility to race, religion, gender, and sexual orientation
D)​was rejected because the law would be punishing the thought behind the crime rather than the crime itself
E)​none of these

Question 39

​Capital punishment is also known as _____.

A)​tort reform
B)​the death penalty
C)​civil rights
D)​civil liberties
E)​life without parole

Question 40

In the case of _____,the Texas Department of Corrections (TDC)was found to be guilty of cruel and unusual punishment in the administration of the state's prison system.

A)Ruiz v. Estelle
B)Edgewood v. Kirby
C)Engel v. Vitale
D)Smith v. Allwright
E)Roe v. Wade

Question 41

Discuss the impact the tort reform movement has had on Texas consumers,businesses,and courts.Describe one scenario where citizens might be affected adversely by tort reform and another where they might benefit from tort reform.

Question 42

​What are the differences between a civil case and a criminal case?Which one is a tort?Explain.

Question 43

Under tort reform legislation passed in 2003,"pain and suffering" awards in medical malpractice suits are capped at _____.

A)$250
B)$5,000
C)$100,000
D)$250,000
E)$1 million

Question 44

​Tort reformers pushed to _____.

A)​limit punitive damages
B)​restrict lawsuit filings to the area where the injury occurred
C)​limit joint and several liability
D)​increase penalties against those filing frivolous lawsuits
E)​all of these

Question 45

Which of these is a result of tort reform in Texas?​

A)Civil courts have less freedom.
B)Civil courts are less important.
C)​Patients who have been the victims of negligent doctors or hospitals have little recourse.
D)​All of these are results of tort reform.
E)None of these is a result of tort reform.

Question 46

Discuss the general lessons that can be drawn concerning civil rights in Texas from the text's account of the events in Tulia and Jasper.Choose a positionand defend or oppose this statement: "Texas,after a long struggle,has finally attained the goal of assuring equal protection of the laws."

Question 47

In tort cases,the losing party​ _____.

A)​goes to jail
B)​receives the death penalty
C)​must pay money to the injured party
D)​pays a fine
E)​gets a new trial

Question 48

Explain how prayer in public schools is an example of the "establishment" of religion outlawed by the First Amendment to the U.S.Constitution.​

Question 49

Contrast the terms civil rights and civil liberties.Provide an example of each.​

Question 50

Explain what the textbook authors mean when they say that today school districts do notdeliberately separate students,but economic class separates them.Be sure to include a discussion of poor versus wealthy school districts and the state's reliance on property taxes to fund education.

Question 51

A _____ is a civil wrong or injury resulting from a breach of a legal duty that exists by reason of society's expectations about appropriate behavior.

A)felony
B)misdemeanor
C)white-collar crime
D)tort
E)civil rights violation

Question 52

Punitive damages _____.​

A)​occur in civil not criminal cases
B)​may occur in tort cases
C)​are awarded in addition to actual damages
D)​are due to willful and malicious misconduct
E)​all of these

Question 53

Which of these issues has not decreased support for the death penalty in Texas?​

A)​the execution of offenders who were under the age of 18 when they committed murder
B)​changing capital murder sentences from life with parole to life without parole
C)​concerns about racism in the prosecution of minorities for capital murder
D)​DNA testing showing that there were mistakes in past prosecutions
E)the belief of the majority of Texans that some crimes are so terrible that the perpetrators deserve to die

Question 54

Which of these is not an argument put forth by opponents of the death penalty?

A)Innocent people are sometimes executed.
B)Capital punishment is racially biased.
C)Social science studies are inconclusive as to whether the death penalty deters criminal behavior.
D)It costs more to execute a criminal than to imprison someone for life.
E)Two wrongs do not make a right.

Question 55

​Contrast the cases of Texas v.Johnson and the peace activists at the University of Texas whoblocked traffic.Both cases involved protests.Why was one protestlegal andthe other one was not?

Question 56

Which of these is not true of tort reform in Texas?​

A)​It took power out of the hands of judges and juries.
B)​It limited the discretion of judges andjuries.
C)​It denied jurisdiction to judges and juries.
D)​It was heavily supported by doctors.
E)​It protected consumers.

Question 57

Which of these is a result of the tort reform movement?

A)Citizens have less ability to file class-action suits.
B)The fees of trial lawyers are limited in some cases.
C)Companies whose products meet government standards are immune from suits.
D)Civil courts are less important and have less discretion.
E)All of these areresults of the tort reform movement.

Question 58

​Is capital punishment justified?Discuss arguments for and against using capital punishment in Texas.

Question 59

In a Ben Sargent cartoon that appears in the text,the Statue of Liberty is shown gagged by an American flag.Explain how this cartoon illuminates the meaning of the First Amendment.Cite examples to support your arguments.

Question 60

​Texas dropped life with parole and added life without parole in murder cases.What is the likely affect on the death penalty?

Question 61

Cross-Chapter Essay Question (Chapters 10 and 12): Consider the topics of educational equality and prisoner rights.How does Texas's low-tax,low-service approach to public services compromise these areas of civil rights?

Question 62

Cross-Chapter Essay Question (Chapters 1and 10): Consider the topics discussed in Chapter 10 (freedom of speech,freedom of religion,educational equality,civil rights,prisoner rights,and tort reform).Choose three of these topics,and explain how Texas's political culture affects the state's approach to these issues.