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Protected forms of speech include all of the following, except:
a. burning the American flag.
b. protesting abortion clinics.
c. advocating the violent overthrow of the government.
d. swearing at a law enforcement officer.
The Amendment which describes the requirements for a fair trial, including the right of
the accused to a speedy and public trial, an impartial jury, to be advised of the charges
against them, to confront witnesses against them and to be represented by a lawyer is
the.
a. Fifth Amendment
b. Eighth Amendment
c. Sixth Amendment
d. Fourth Amendment
The Supreme Court struck down a law banning computer-generated or "virtual" child
pornography in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
The concept of balanced government being so important to the states, the only
amendment agreed upon by all the states recommending a Bill of Rights was the:
a. Third Amendment
b. Seventh Amendment
c. Ninth Amendment
d. Tenth Amendment
Which of the following is not true about grand juries?
a. Choice of jurors determined by state law.
b. Does not make a determination of guilt.
c. May initiate investigations.
d. Different jury for each case.
In United States v. Salerno, the Supreme Court stated that __________ under the Bail
Reform Act of 1984 did not violate due process or the Eighth Amendment.
a. pretrial release
b. mandatory detention for murderers
c. requiring house arrest for child molesters
d. preventive detention
At issue in Dickerson v. United States was Section 3501 of the Omnibus Crime Control
and Safe Streets Act of 1968 which stated that the admissibility of statements should
turn only on whether they were voluntarily made, and not only on whether:
a. coercive tactics were used.
b. Miranda warnings had been given.
c. custodial interrogation had occurred.
d. the statement was made without an attorney present.
When a court decision would have no practical effect, a case is apt to be dismissed for:
a. standing
b. ripeness
c. mootness
d. jurisdiction
The Supreme Court held that denying legal counsel for a defendant at trial in a capital
case was a denial of due process in:
a. Barker v. Wingo
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
Which of the following is not one of the fundamental constitutional rules that apply to
Fourth Amendment cases?
a. There must be governmental action.
b. General searches are unlawful.
c. The person making the challenge must have a reasonable expectation of privacy.
d. There must be law enforcement action.
Which of the following is not subject to regulation by the state to protect societal
interests under the free exercise clause?
a. Performance of autopsies.
b. Requiring Boy Scouts to promise to "Love God."
c. Requiring Amish to put orange reflectors on their buggies.
d. Ingestion of illegal drugs in religious ceremonies.
Which of the following is not a part of the Miranda warning?
a. You have the right to remain silent.
b. If you cannot afford a lawyer, one will be appointed for you without cost.
c. You may stop answering questions at any time you choose.
d. Anything you say can and will be used against you in court.
The section of the Fourth Amendment makes warrantless searches and seizures
valid and constitutional when they are sensible is the:
a. warrant clause
b. probable cause clause
c. reasonableness clause
d. privacy clause
Discrimination is:
a. an attitude.
b. not punishable by law.
c. a behavior.
d. an unconscious bias learned through socialization.
The following are true of the Legislative Branch of the United States government,
except:
a. it passes laws but has no power to enforce them.
b. it is comprised of the House and Senate.
c. it can enter into treaties with other nations.
d. it regulates interstate and international commerce.
The _____________ doctrine states that evidence obtained as a result of an earlier
illegality must be excluded from trial.
a. prior taint
b. attenuation of the taint
c. fruit of the tainted seizure
d. fruit of the poisonous tree
When the Supreme Court denies certiorari, it means the Court:
a. is upholding the lower court ruling.
b. believes the case lacks merit.
c. finds the issue moot.
d. takes no official position on the case.
State constitutions serve all of the following purposes except to:
a. impose limitations on the exercise of state government's power.
b. affirm the existence of certain powers.
c. establish the supremacy of the state constitution over all federal laws and actions.
d. establish the organization of a state's governing bodies.
The law banning the manufacturing of 19 different semiautomatic guns with multiple
assault-weapon features is the:
a. Violent Crime Control and Law Enforcement Act of 1994.
b. Brady Act.
c. Omnibus Crime Control and Safe Streets Act.
d. Federal Firearms Act.
In a civil case, the party bringing suit is represented by:
a. the prosecutor
b. a plaintiff's lawyer
c. a defense attorney
d. the public defender's office
A search can be incident to arrest only if it is substantially ___________ with the arrest
and is confined to the immediate vicinity of the arrest.
a. extemporaneous
b. noncontemporary
c. contemporaneous
d. asynchronous
The first Supreme Court was established by the:
a. Bill of Rights
b. Federalist Papers
c. Federal Judiciary Act of 1789
d. First Amendment
Which of the following, by itself, can be used as reasonable suspicion to conduct a
stop?
a. anonymous tip
b. flight from police
c. general suspicion
d. existence of a wanted poster
The Southern Poverty Law Center documented a ____________ in the number of
active Patriot groups in 2009.
a. 244 percent increase
b. 58 percent decrease
c. 24 percent increase
d. 44 percent decrease
The central controversy of the Second Amendment has been whether:
a. the government should be involved in regulating the militia.
b. the militia should consist of professional soldiers or volunteers.
c. people have a right to bear arms as individuals rather than only as part of a militia.
d. arms are necessary for the proper functioning of a militia.
During the colonial period and the earliest years of the country, a permanent army was
not possible due to:
a. lack of citizen interest.
b. a shortage of weapons.
c. lack of funding and personnel, and organizational challenges.
d. intense pressure from British authorities to cease and desist from such militarization.
The Supreme Court held that obscenity is not a constitutionally protected form of free
speech in:
a. Near v. Minnesota.
b. Cohen v. Cowles Media Company.
c. Roth v. United States.
d. the Zenger case.
Miranda warnings must be given to a suspect interrogated in police custody, defined as
when the suspect is:
a. under arrest.
b. facing criminal charges.
c. not free to leave.
d. reasonably free to leave the situation.
When conducting inventory searches of a vehicle, it is important to have:
a. probable cause to trigger the automobile exception.
b. a standard operating procedure.
c. a warrant because the vehicle is no longer mobile.
d. a systematic method for conducting the search..
Searches with a warrant:
a. are presumed to be unreasonable.
b. must be executed within 36 hours to be valid
c. are presumed to be reasonable.
d. are unlimited in scope.
In which of the following scenarios would an officer not be able to make a lawful,
warrantless arrest?
a. An officer smells marijuana emanating from the vehicle he just stopped.
b. An officer hears an assault taking place.
c. An officer witnesses a petty larceny.
d. An officer hears a kid talking about the compact disc player he shoplifted last week.
The ____________ helped indigent defendants through release on recognizance
(ROR)..
a. American Civil Liberties Union
b. Judiciary Act of 1789.
c. Bail Reform Act of 1966.
d. Bail Reform Act of 1984.
Discuss at least five exceptions to the search warrant requirement.
The Heller decision has had a sweeping impact on gun control laws across the United
States.
Discuss how the Sixth Amendment interacts with the First Amendment.
The Supreme Court ruling in McDonald v. Chicago prevents state and local
governments from passing gun laws.
The seizure of property connected with illegal activity is known as ____________.
In the case of Martin v. Hunter's Lessee, the final determination was that the Supreme
Court had the authority to review cases involving federal law, even though the case is
pending in a state court.
Discuss the constitutionality of flag burning. Explain your feelings about this symbolic
act and whether it should be constitutionally protected.
When a reasonable person believes he or she is not free to leave, a(n) ____________
has occurred.
Discuss the progression and impact of amendments relating to voting.
The constitutionality of prison regulations that restrict prisoners' First Amendment
rights are judged by using a ____________ test.
The Fifth Amendment requires just compensation when the government takes property.
The incorporation doctrine is also known as the doctrine of __________ incorporation.
__________________ describes the authority of a court to hear cases first, try them and
render decisions.
In the 1999 case of Chicago v. Morales, the Supreme Court upheld an "anti-loitering"
ordinance, stating that the definition of illegal loitering as "to remain in any one place
with no apparent purpose" was not unconstitutionally vague.
Estelle v. Gamble held that ____________ to prisoners' serious medical needs
constituted unnecessary and wanton infliction of pain.
Selective incorporation has been used to incorporate the entire Bill of Rights to the
states through the Fourteenth Amendment.
