Ch.11 Law, Social Change, And The Class + Complete Test Bank

CHAPTER 11

LAW, SOCIAL CHANGE, AND THE CLASS STRUGGLE

MULTIPLE CHOICE QUESTIONS

1. What may be defined as any relatively enduring alteration in social relationships, behavior patterns, values, norms, and attitudes occurring over time?

a. growing up

b. social change

c. adulthood

d. maturity

2. Which of the following describes the law as a cause of social change?

a. historically, the law has played only a minor role in social change

b. the role of law has increased hugely over the past two centuries

c. at times, the law, as an independent source of power, functions as the instrument of social change

d. all of the above

3. Norms and customs, almost by definition, are resistant to:

a. fracture

b. culture

c. law

d. change

4. If law is to be an instrument of change, it should involve limiting the removal of some specific defect, not chasing utopian dreams of:

a. natural law

b. moral sentiments

c. traditional values

d. social perfection

5. As the law becomes more involved in social life, it faces major challenges, chief among which is how to preserve law without offending _______________ pluralism.

a. natural

b. cultural

c. positive

d. reciprocal

6. There is a(n) _______________ relationship between law and social change.

a. natural

b. isolated

c. positive

d. reciprocal

7. It may be considered that the role of law in social change is to be most often _______________ rather than causative; that is, it serves as a conduit guiding the progress of some reform that is already in the works for other reasons.

a. continuous

b. reciprocal

c. natural

d. facilitative

8. Once a social movement is observed successfully making its rights claim, other previously silent groups are aroused in what has been called a(n) _______________ effect.

a. movement

b. antipathy

c. contagion

d. social change

9. What functions to legitimize change, to smooth the way, and to grease squeaky wheels of opposition to change?

a. social change

b. activism

c. norms

d. law

10. Colonists used _______________ to oppose acts (i.e., Sugar Act of 1774, Stamp Act of 1765, etc.); serving on grand juries, they refused to return indictments against violators.

a. activism

b. social change

c. norms

d. British law

11. What American event was a reluctant uprising staged by men who were exceptionally dedicated to the English constitution?

a. Civil War

b. French and Indian Wars

c. Battle of the Alamo

d. American Revolution

12. As discussed in the book, the Soviets used law to _________ social change.

a. force

b. encourage

c. discourage

d. limit

13. Soviet leaders went to great lengths to make Soviet policy-making conform to ___________ processes so that their social experiments would be perceived in the West as legitimate.

a. formal irrationality

b. formal rationality

c. substantive irrationality

d. substantive rationality

14. During the early days of the Soviet Union, Western concepts of law were thrown out in favor of Soviet:

a. socialism

b. communism

c. dictatorship

d. legalism

15. Law is a much more efficient instrument of social control and social change if it relies on _______________ rather than brute coercion.

a. legitimacy

b. activism

c. norms

d. values

16. According to the text, what is the ultimate legal authority in the United States?

a. U.S. Supreme Court

b. U.S. Congress

c. the president

d. state governments

17. Which of the following is a constraint that limits the U.S. Supreme Court’s ability to produce significant social change?

a. the bounded nature of constitutional rights

b. the Court lacks the necessary independence from other branches of government

c. the Court lacks the tools to develop policies and implement decisions for significant change

d. all of the above

18. Under the constrained view, which constraint argues that the U.S. Supreme Court must rely on the cooperation of the other branches of government to enforce its rulings?

a. the bounded nature of constitutional rights

b. the Court lacks the necessary independence from other branches of government

c. the Court lacks the tools to develop policies and implement decisions for significant change

d. the Court is free of election concerns

19. To the extent that the U.S. Supreme Court reflects dynamism by altering political dynamics in accordance with its rulings, it relies on one very important resource:

a. jurisdiction

b. authority

c. legitimacy

d. jurisprudence

20. What is the ability to command compliance with rules despite the lack of objective means to compel it?

a. jurisdiction

b. jurisprudence

c. authority

d. legitimacy

21. Which of the following types of authority are enjoyed by the U.S. Supreme Court?

a. rational-legal

b. charismatic

c. traditional

d. all of the above

22. Traditional authority may be maintained even in the face of criticism if it is buttressed by which type of authority?

a. traditional

b. charismatic

c. rational-legal

d. monarchical

23. What type of authority is derived from rules rationally and legally enacted?

a. rational-legal

b. traditional

c. monarchical

d. charismatic

24. Recent U.S. Supreme Court decisions lend more support to which model of Supreme Court power?

a. constrained

b. dynamic

c. legitimate

d. charismatic

25. A strict constructionist:

a. is a constitutional fundamentalist

b. looks for the Framer's “original intent”

c. believes that moral concerns are the business of Congress

d. all of the above

26. Judicial activism is:

a. is a term used pejoratively when judges make rulings that critics perceive as based on a particular ideological agenda rather than on the law

b. similar to natural law

c. usurping the role of the President

d. all of the above

27. Literally meaning "law not written," what is a living constitution usually termed?

a. lex non talion

b. lex non scripta

c. lex non talionis

d. lex non scriptonis

28. What is defined as the rule of the wealthy?

a. monarchy

b. aristocracy

c. meritocracy

d. plutocracy

29. Which of the following was by the U.S. Supreme Court against the working classes?

a. the obligation of contract clause in the U.S. Constitution

b. Fourteenth Amendment

c. Sherman Antitrust Act

d. all of the above

30. One milestone in the history of the U.S. Supreme Court's defense of the status quo was passage of the ____________ in 1868.

a. Tenth Amendment

b. Thirteenth Amendment

c. Fourteenth Amendment

d. Fifteenth Amendment

31. Passed by Congress in 1890, which act was designed to place controls on business?

a. Wagner Act

b. Sherman Antitrust Act

c. Norris-La Guardia Act

d. Agricultural Adjustments Act

32. In which case did the U.S. Supreme Court rule that the Sherman Act controlled only commerce, that manufacturing was not commerce, and that therefore manufacturing monopolies did not violate the act?

a. United States v. E. C. Knight

b. Adair v. United States

c. Fletcher v. Peck

d. In re Debs

33. Which act legalized labor unions and required employers to engage in good-faith collective bargaining?

a. Agricultural Adjustments Act

b. Norris-La Guardia Act

c. Sherman Antitrust Act

d. Wagner Act

34. In which case did the U.S. Supreme Court hold that companies could unilaterally breach collective bargaining contracts without waiting for rulings of bankruptcy judges if those companies found such contracts to be "burdensome"?

a. National Labor Relations Board v. Jones and Laughlin Steel Corporation

b. Allied Structural Steel v. Spannous

c. Pollock v. Farmer's Loan and Trust Company

d. National Labor Relations Board v. Bildisco & Bildisco

35. Legal and political equality are natural equalities due to us by virtue of our:

a. society

b. humanity

c. abilities

d. intelligence

36. According to Thomas Rawls, what states that the most just distribution of wealth maximizes the wealth of the lowest income group?

a. difference principle

b. fairness principle

c. distribution principle

d. wealth principle

37. In which case did the U.S. Supreme Court set the stage for its jurisdiction over state legislatures, an exercise in power stoutly resisted by the states?

a. Fletcher v. Peck

b. Pollock v. Farmer's Loan and Trust Company

c. Allied Structural Steel v. Spannous

d. Martin v. Hunter's Lessee

38. In which case did the U.S. Supreme Court rule that while the individual states had the power to regulate commerce within their own borders, they had no power to regulate interstate commerce?

a. Engel v. Vitale

b. McCulloch v. Maryland

c. West Coast Hotel Co. v. Parrish

d. Gibbons v. Ogden

39. Which U.S. Supreme Court case is canonical has been called "the single most honored opinion in the Supreme Court's opus"?

a. Brown v. Board of Education of Topeka

b. Engel v. Vitale

c. Gibbons v. Ogden

d. McCulloch v. Maryland

40. Although the decision by the U.S. Supreme Court in the case of Brown v. Board of Education of Topeka was explicitly limited to segregation in the schools, in effect it invalidated all forms of:

a. de facto segregation

b. de jure segregation

c. de flor segregation

d. de lega segregation

TRUE/FALSE QUESTIONS

1. Law has historically been the most important generator of social change.
2. Sometimes law leads to changes in social conditions, and sometimes changes in social conditions give rise to new law.
3. “Law is to be based on local customs and traditions rather than universal principles of justice.” This is primarily a liberal view of law.
4. Scott v. Sandford was a slavery case that probably propelled the Southern states into supporting the American Revolution.
5. The American Revolution signaled a rejection of all things British.
6. The Soviet Union tried to cloak all its many social changes under legalism.
7. The Soviet Union created many ex post facto laws.
8. The Soviet Union tried to destroy the Soviet nuclear family.
9. The Supreme Court stands aloof from the American people by design.
10. A strict constitutional constructionist is a constitutional liberal.
11. A strict constructionist justice in the early 1800s would have been bound to find slavery unconstitutional.
12. The Supreme Court is bound by the literal meaning of the Constitution.
13. The Supreme Court has neither the power of the sword nor the power of the purse.
14. Judicial review has historically been more popular among conservatives and the upper classes than among liberals and the working classes.
15. The Fourteenth Amendment, although designed to serve the most oppressed people in American society, actually favored the interests of the wealthy and business.
16. In 1937 the Supreme Court ruled that the Wagner Act, legalizing trade unions in the United States, was unconstitutional.
17. Since its inception the Supreme Court has been a strong advocate of state’s rights.
18. Brown v. Board of Education enunciated the “separate but equal” doctrine with

regard to race relations.

1. Scott v. Sandford strongly undermined nationalist sentiments in the United States in favor of state’s rights and devolutionist sentiments.
2. The first case in which the Supreme Court ruled in favor of workers and against business interests occurred in 1912.
3. Because of the sheer complexity of modern societies and the intricate interaction of their component parts, each social change generates its own momentum.
4. Law is the most important mechanism of social change.
5. There is a reciprocal relationship between law and social change
6. Somerset v. Stewart outlawed slavery in the British empire.
7. The leaders of the American Revolution were strong supporters of the English

constitution.

1. Gerald Rosenberg favors the constrained view of the extent of the Supreme Court’s power to affect social change.
2. A strict constructionist is more like a legal positivist than a legal realist.
3. Most of the delegates at the Continental Convention favored judicial review.
4. The Supreme Court has functioned throughout history more like an adherent of natural law theory than a legal positivist.
5. Roe v. Wade banned prayer in public schools.

ESSAY QUESTIONS

1. What is social change? How has the law been a cause of social change?
2. Define what a social movement is and how law interacts with it.
3. How has the former Soviet Union impacted the discussion regarding the law and social change?
4. Describe the dynamic and constrained views of the Supreme Court’s power.
5. What has the U.S. Supreme Court done to impact social change? Have they been largely positive or negative? Explain your answer.