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How can state and local laws proscribing "unlawful assemblies" be reconciled with the First Amendment's explicit protection of the right of assembly?

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The reconciliation of state and local la...

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A statute that prohibits "an assembly of five or more persons whose common object is to commit an unlawful act, or a lawful act by unlawful means" defines the offense of ________.


A) truancy
B) vagrancy
C) unlawful assembly
D) loitering

E) A) and D)
F) None of the above

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The federal government has primary responsibility for controlling breaches of the peace.

A) True
B) False

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In 1972, in Papachristou v.City of Jacksonville, the Supreme Court struck down a local ordinance prohibiting ____________.

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The offense of disorderly conduct may involve _______.


A) blocking motor vehicle traffic
B) unreasonable noise making
C) disruption of a lawful assembly
D) any or all of these

E) B) and C)
F) A) and D)

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Laws proscribing panhandling require courts to weigh the need to maintain order and peace against the _____ Amendment's guarantees of freedom of speech and assembly.

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The _____________ Act proscribes interstate travel and use of the mail, telegraph, telephone, radio, or television with intent to incite, encourage, participate in, or carry on a riot; or to aid or abet any person in inciting or participating in a riot or committing any act of violence in furtherance of a riot.


A) Internal Security
B) Federal Anti-Riot
C) Sedition
D) Communications Decency

E) None of the above
F) A) and B)

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Common-law offenses against public order included ______________.


A) unlawful assembly
B) riot
C) rout
D) all of these

E) A) and B)
F) A) and C)

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Federal law prohibits the sale, possession, and use of machine guns and other _______ weapons, unless one has a federal license to sell, possess and use such weapons.


A) dangerous
B) automatic
C) lethal
D) semi-automatic

E) B) and C)
F) B) and D)

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Charges of disorderly conduct and unlawful assembly are subject to attack under the First Amendment protections of free speech and freedom of _________.

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Testimony at trial disclosed that a defendant charged with inciting a riot had been drinking beer, yelling profanity, and urging a large crowd to interfere with the police, who were trying to keep order at a rock concert.The defendant moved the court to direct the jury to acquit him because he claimed he was only exercising his First Amendment right of free speech.The court would likely ______________.


A) deny the motion as there are sufficient facts from which a jury could conclude that defendant's actions constituted imminent lawless action
B) grant the motion because the defendant had been consuming alcohol and thus his conduct was excusable
C) grant the motion because the defendant's conduct amounted only to speech
D) deny the motion because the First Amendment to the U.S.Constitution imposes no limitations on state criminal prosecutions.

E) B) and D)
F) B) and C)

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Unlike most offenses against persons, offenses against public order are not based on the common law.

A) True
B) False

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The offense of ____________ typically involves fighting, unreasonable noise making, disruption of a lawful assembly, or the obstruction of pedestrian or vehicular traffic.

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In 1999 the U.S.Supreme Court upheld Chicago's "gang violence ordinance," which police had used to prevent gang members from loitering in any public place "with no apparent purpose."

A) True
B) False

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Under a landmark federal law enacted in 1968, a (an) ______________ may be defined as an act of violence by one or more persons part of an assemblage of three or more persons that results in property damage or personal injury.


A) riot
B) unlawful assembly
C) rout
D) None of these

E) A) and B)
F) A) and D)

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The Federal ___________ prohibited firearms dealers from transferring handguns to persons who are under 21, nonresidents of the dealer's State, as well as those who are otherwise prohibited by state or local laws from purchasing or possessing firearms.


A) Brady Bill
B) Youth Offenders and Violent Crime
C) Gun Control Act of 1968
D) None of these

E) B) and D)
F) All of the above

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During the 1960s, most states and municipalities decriminalized minor traffic offenses, with violations considered as civil infractions rather than misdemeanors.

A) True
B) False

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Which of the following is most closely related to the common-law crime of vagrancy?


A) unlawful assembly
B) loitering
C) solicitation
D) prostitution

E) A) and B)
F) B) and C)

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What is "treason" and why are there so few convictions for this offense?

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Treason is the act of betraying one's co...

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During questioning, Knuckles Bradley admits that he received the guns from members of the Taliban and was planning to use the weapons as a part of a larger plot to attack American citizens.Which of these laws is least applicable to this plot?


A) The Antiterrorism and Effective Death Penalty Act of 1996
B) Patriot Act
C) The Omnibus Diplomatic Security and Antiterrorism Act of 1986
D) The Brady Bill

E) B) and C)
F) All of the above

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