211. Based on the Fourth Amendment, the exclusionary rule allows evidence:
a. to be introduced at trial, no matter how obtained
b. that is pertinent to “key issues” to be introduced at trial
c. that is improperly gathered to be excluded from trial
d. that is improperly gathered by non–government personnel to be excluded at trial
e. that would otherwise be classified as “hearsay” to be used at trial
212. Based on the Fourth Amendment, the exclusionary rule allows evidence:
a. to be introduced at trial, no matter how obtained
b. that is pertinent to “key issues” to be introduced at trial
c. that is gathered by non-government personnel to be excluded at trial
d. that would otherwise be classified as “hearsay” to be used at trial
e. none of the other choices
213. Improperly gathered evidence violates:
a. Fourth Amendment rights regarding search and seizure
b. First Amendment rights regarding search and seizure
c. First Amendment rights regarding free speech
d. Sixth Amendment rights regarding property ownership
e. none of the other choices are correct
214. Improperly gather evidence:
a. is not allowed in court because it violates Fourth Amendment rights
b. is allowed in court because it does not violate Fourth Amendment rights
c. is not allowed in court because it violates Fifth Amendment rights
d. is not allowed in court because it violates First Amendment rights
e. is allowed in court because it does not violate First Amendment rights
215. In Skinner v. Railway Labor Executives Assn., tests of railroad employees were performed for drug or alcohol
use. These tests were challenged as an unconstitutional warrantless search of persons. The Supreme Court held
that the tests:
a. were too invasive, and so, an unconstitutional violation of the Fourth Amendment regarding improper
searches
b. were unnecessary to insure public safety, and so were unconstitutional
c. were an unacceptable impediment to free interstate trade
d. violated the railroad employees‘ freedom of expression, and so were unconstitutional
e. were not unconstitutional because railroads are regulated and the public has a strong interest in safety
216. In Skinner v. Railway Labor Executives Assn., blood, breath, and urine tests of railroad employees were
performed to test for drug or alcohol use. These tests were challenged as an unconstitutional warrantless search of
persons. The Supreme Court held that the tests:
a. were too invasive, and so, an unconstitutional violation of the Fourth Amendment
b. violated the Fourth Amendment because they were done without a warrant
c. were an unacceptable impediment to free interstate trade
d. violated the railroad employees‘ freedom of expression, and so were unconstitutional
e. none of the other choices
217. The Fifth Amendment protects individuals against:
a. illegal search and seizure
b. self–incrimination
c. excessive fines
d. trial without a jury
e. none of the other choices
218. The Fifth Amendment:
a. protects corporate executives from testifying against themselves
b. protects corporations against self-incrimination
c. protects businesses from warrantless searches
d. prohibits the seizing of private property by state governments
e. none of the other choices
219. The Fifth Amendment protects individuals against:
a. self–incrimination by testifying against oneself
b. self–reporting to regulatory agencies
c. incrimination by other persons
d. cruel and unusual punishment
e. none of the other choices
220. Individuals are protected from self-incrimination by:
a. the Fifth Amendment
b. the Sixth Amendment
c. the First Amendment
d. the Second Amendment
e. the Fourth Amendment
221. Individuals are protected from self-incrimination by:
a. the Fourth Amendment
b. the Sixth Amendment
c. the First Amendment
d. the Second Amendment
e. none of the other choices are correct
222. “No person shall be...compelled in any criminal case to be a witness against himself.” is the:
a. Fifth Amendment of the U.S. Constitution
b. First Amendment of the U.S. Constitution
c. Sixth Amendment of the U.S. Constitution
d. Fourth Amendment of the U.S. Constitution
e. Second Amendment of the U.S. Constitution
223. “No person shall be...compelled in any criminal case to be a witness against himself.” is the:
a. Second Amendment of the U.S. Constitution
b. First Amendment of the U.S. Constitution
c. Sixth Amendment of the U.S. Constitution
d. Fourth Amendment of the U.S. Constitution
e. none of the other choices are correct
224. Fifth Amendment protection does not apply to:
a. individuals
b. private citizens
c. minors
d. corporations
e. none of the other choices are correct
225. Under the Fifth Amendment, when can a person be forced to produce documents for a government prosecution
that could implicate a business in a violation of the law?
a. never; one does not have to report business information that will be incriminating
b. one must produce documents the government requires unless they will incriminate an employee of the
business
c. when ordered by a court; corporate records are not due such self-incrimination protection
d. only if the person involved does not work for the business
e. only if the person is a top executive of the business
226. Under the Fifth Amendment, when can a person be forced to produce documents for a government prosecution
that could implicate a business in a violation of the law?
a. never; one does not have to report business information that will be incriminating
b. one must produce documents the government requires unless they will incriminate an employee of the
business
c. only if the person is a top executive of the business
d. only if the person involved does not work for the business
e. none of the other choices
227. In Braswell v. U.S., the president and sole shareholder of a company refused to produce business records, claiming
a 5th Amendment privilege against self-incrimination. The Supreme Court held that the 5th Amendment protection:
a. did not apply to the corporation, so Braswell had to produce the records
b. applied to the president because, as sole shareholder, he was the corporation, so the records were protected
c. was available because Braswell, as president, was an employee of the corporation
d. Braswell had to produce the records because of strong government interest in safety
e. none of the other choices
228. In Braswell v. U.S., the president and sole shareholder of a company refused to produce business records, claiming
a 5th Amendment privilege against self-incrimination. The Supreme Court held that the 5th Amendment protection:
a. applied to records that could implicate Braswell personally
b. applied to the president because, as sole shareholder, he was the corporation, so the records were protected
c. was available because Braswell, as president, was an employee of the corporation
d. Braswell had to produce the records because of strong government interest in safety
e. none of the other choices
229. Government agents may monitor online chat rooms on the Internet to listen for evidence of illegal trading of child
pornography. When challenged, a federal court held that this practice:
a. was an unconstitutional violation of the 4th Amendment as a form of warrantless search
b. was an unconstitutional violation of the 4th Amendment right to privacy
c. was an unconstitutional violation of the 1st Amendment right to freedom of speech
d. was constitutional because there was no right to privacy in that location
e. none of the other choices
230. “…nor shall private property be taken for public use, without just compensation.” is part of:
a. the Third Amendment of the U.S. Constitution
b. the Fourth Amendment of the U.S. Constitution
c. the Fifth Amendment of the U.S. Constitution
d. the Sixth Amendment of the U.S. Constitution
e. the Seventh Amendment of the U.S. Constitution
231. “…nor shall private property be taken for public use, without just compensation.” is part of:
a. the Third Amendment of the U.S. Constitution
b. the Fourth Amendment of the U.S. Constitution
c. the Seventh Amendment of the U.S. Constitution
d. the Sixth Amendment of the U.S. Constitution
e. none of the other choices are correct
232. The Fifth Amendment includes:
a. the just compensation clause
b. the fair compensation clause
c. the final compensation clause
d. the extra compensation clause
e. the special compensation clause
233. The traditional primary use of the Fifth Amendment’s just compensation (takings) clause is to require the
government to pay:
a. for all business records that must be produced for examination
b. for property the government takes over
c. for all reductions in private property value caused by regulations
d. its employees a wage consistent with private sector wages
e. none of the other choices
234. The traditional primary use of the Fifth Amendment’s just compensation (takings) clause is to require the
government to pay:
a. for all business records that must be produced for examination
b. for causing mental distress in legal proceedings
c. for all reductions in private property value caused by regulations
d. wages to government workers similar to private sector wages
e. none of the other choices
235. The constitutional requirement that governments must give just compensation for property taken for public use is
known as:
a. power of dominant domain
b. takings clause
c. unreasonable search and seizure
d. necessary and proper clause
e. due process of law
236. Eminent domain is when:
a. private corporations take private property
b. government takes private property for the benefit of other private parties
c. government takes public property for the benefit of private parties
d. government takes private property for the benefit of public parties
e. none of the other choices are correct
237. In Kelo v. City of New London, Conn., where the city forced people to sell their houses so there could be a new
large private project built, the Supreme Court held that the forced sale:
a. was legitimate as long as the city used the property for government purposes
b. violated the takings clause because the largest impact of the action fell on minorities
c. violated the takings clause because property owners were not paid fair market value
d. was legitimate even if the city sold the property to a private party
e. none of the other choices
238. In Kelo v. City of New London, Conn., where the city forced people to sell their houses so there could be a new
large private project built, the Supreme Court held that the forced sale:
a. was legitimate as long as the city used the property for government purposes
b. violated the takings clause because the largest impact of the action fell on minorities
c. violated the takings clause because property owners were not paid fair market value
d. was legitimate if approved by the federal Department of Housing
e. none of the other choices
239. In Kelo v. City of New London, Conn., where the city forced people to sell their houses so there could be a new
large private project built, the Supreme Court held that the government plan:
a. unquestionably served a public purpose
b. did not serve a public purpose
c. could possibly serve a public purpose under different circumstances
d. will fail to serve a public purpose in the future
e. none of the other choices are correct
240. The state of California told the owners of a beach-front house that, before it would issue a building permit to allow
expansion of the house, the owners had to agree to allow public use of their beach property. The Supreme Court
held that this:
a. was a proper use of state police power
b. was a proper use of state regulatory power for “the public welfare”
c. regulation of beach land was consistent with federal law and so was permissible
d. was an unjust taking of property without compensation
e. regulation was inconsistent with existing federal law and so was stricken
241. Suppose the city changes the regulations concerning property next to a home. As a result of the new regulation, a
garbage dump will be built on that property, resulting in a fall in the value of the home of fifty percent. The home
owner sues for compensation for a taking. The likely result will be:
a. no taking; no compensation
b. no taking if the dump is public; a taking if the dump is private, for which fair market value must be paid for
the loss in property value
c. a taking regardless of who owns the dump; fair market value must be paid for the loss in property value
d. a taking regardless of who owns the dump; fair market value must be paid for the loss in property value and
compensation must be paid for the mental distress of having to deal with the matter
e. the home owner will be forced to live in the dump
242. Regulatory takings cases indicate that:
a. the destruction of property value must be almost complete for compensation to be due
b. the destruction of property value need not be extensive for compensation to be due
c. the destruction of property value need not be more than 50% for compensation to be due
d. the destruction of property value is irrelevant
e. none of the other choices are correct
243. The constitutional right to jury trial in criminal cases is addressed by the:
a. Fifth Amendment
b. First Amendment
c. Sixth Amendment
d. Seventh Amendment
e. none of the other choices
244. The Sixth Amendment of the U.S. Constitution:
a. addresses the right of persons to trial by jury in criminal cases
b. addresses the right of persons to bear arms
c. addresses the right of persons to marry
d. addresses the right of persons to engage in business
e. none of the other choices are correct
245. The Sixth Amendment of the U.S. Constitution:
a. addresses the right of government to seize property
b. addresses the right of persons to bear arms
c. addresses the right of persons to marry
d. addresses the right of persons to engage in business
e. none of the other choices are correct
246. The Seventh Amendment of the U.S. Constitution:
a. addresses the right of government to seize property
b. addresses the right of persons to trial in common–law cases
c. addresses the right of persons to trial by jury in criminal cases
d. addresses the right of persons to engage in business
e. none of the other choices are correct
247. The Seventh Amendment of the U.S. Constitution:
a. addresses the right of government to seize property
b. addresses the right of persons to bear arms
c. addresses the right of persons to trial by jury in criminal cases
d. addresses the right of persons to engage in business
e. none of the other choices are correct
248. The right to trial is guaranteed in the Constitution in all of these cases except:
a. a criminal trial
b. a civil trial brought by the government
c. a common law trial
d. any trial in state court
e. it is guaranteed in all of the other choices
249. You are charged with violating a government regulation. The government sues you for $10 million in civil penalties.
You:
a. have a right to a jury trial if you wish
b. have a right to a jury trial only if the case is in federal court
c. have a right to a jury trial only if the case is in state court
d. you have a right to a jury trial if the conviction would be on your record
e. none of the other choices
250. In addition to its restriction on “cruel and unusual punishments,” the Eight Amendment of the U.S. Constitution also
holds that:
a. no fines more than $50,000 may be imposed in civil cases
b. there is no limit to the fines that may be imposed
c. no excessive fines may be imposed d.
no firearms may be brought to court e.
none of the other choices are correct
251. Protection from excessive fines comes from:
a. the Fifth Amendment of the U.S. Constitution
b. the Eighth Amendment of the U.S. Constitution
c. the First Amendment of the U.S. Constitution
d. Congress
e. the House of Representatives
252. Tim has been selling illegal drugs in his $1,000,000 house. When he is caught by the police, they confiscate the
house. Tim sues the police for imposing excessive fines since the drugs he was selling were only worth $1,000. The
court is likely to find that:
a. Tim has a case since his property is worth much more than the drugs
b. Tim does not have a case because the confiscation is part of a rational and consistent scheme to deter drug
dealing
c. Tim would have a case if he lived in Alabama
d. Tim would have a case if he lived in Illinois
e. Tim has a case because the confiscation of his house violates the Fifth Amendment
253. The government seized a large amount of cash (as the “instrumentality” of the crime) being carried out of the
country by a couple who failed to report that they were leaving the country with more than $10,000. The Supreme
Court held that the seizure of the cash was:
a. an unconstitutional search and seizure
b. an unconstitutional excessive fine
c. a constitutional search and seizure
d. a constitutional fine, not excessive because of the extent of drug money laundering
e. a constitutional taking based on the “significant interest” of the government
254. The government seized a large amount of cash (as the “instrumentality” of the crime) being carried out of the
country by a couple who failed to report that they were leaving the country with more than $10,000. The Supreme
Court held that the seizure of the cash was:
a. an unconstitutional search and seizure
b. a constitutional taking based on the “significant interest” of the government
c. a constitutional search and seizure
d. a constitutional fine, not excessive because of the extent of drug money laundering
e. none of the other choices
255. “No state shall...deprive any person of life, liberty, or property, without due process of law...” is a part of the:
a. First Amendment
b. Fifth Amendment
c. Tenth Amendment
d. Fourteenth Amendment
e. Declaration of Independence
256. The Fourteenth Amendment concerns the:
a. way in which trials are conducted
b. way in which the Constitution is amended
c. ability of the government to restrict the freedoms of life, liberty, or property
d. way in which Congress drafts and then votes upon statutes
e. none of these
257. The Fourteenth Amendment protects due process rights and:
a. protects freedom of speech
b. protects the citizen’s right to bear arms
c. provides for equal protection
d. protects freedom of religion
e. provides no other protection
258. Among other things, the 14th Amendment protects due process rights and:
a. protects freedom of speech
b. protects the citizen’s right to bear arms
c. protects freedom of religion
d. provides no other protection
e. none of the other choices
259. The Fourteenth Amendment:
a. incorporates protections from the Bill of Rights and applies them to state governments
b. incorporates protections from the Bill of Rights and applies them to Congress
c. incorporates protections from the Bill of Rights and applies them to corporations
d. incorporates laws from the Declaration of Independence and applies them to state governments
e. none of the other choices are correct
260. The Fourteenth Amendment:
a. incorporates protections from the Supreme Court and applies them to state governments
b. incorporates protections from the Bill of Rights and applies them to Congress
c. incorporates protections from the Bill of Rights and applies them to corporations
d. incorporates laws from the Declaration of Independence and applies them to state governments
e. none of the other choices are correct
261. Which of the following is likely to violate the due process clause:
a. laws that do not treat people equally
b. laws that shock the conscience of a court
c. laws that infringe on fundamental liberty interests
d. b and c
e. a, b and c
262. When the state infringes on fundamental liberty interests without narrowly tailoring that infringement to serve a
compelling state interest it is violating:
a. due process
b. the First Amendment
c. fair play
d. due law
e. fair process
263. When the state infringes on fundamental liberty interests without narrowly tailoring that infringement to serve a
compelling state interest it is violating:
a. fair process
b. fair game
c. fair play
d. due law
e. none of the other choices are correct