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The Smith Act (1940):
a. banned nude dancing.
b. made it unlawful to advocate overthrowing the government by force.
c. established national standards for obscenity.
d. established the "clear and probable danger" test.
In Arizona v. Fulminante, the Court ruled that the harmless error doctrine applies to
cases involving admissibility of:
a. spontaneous utterances
b. involuntary confessions
c. evidence that would have inevitably been discovered
d. evidence obtained with an invalid warrant
"Where the facts and circumstances within the officers' knowledge and of which they
had reasonably trustworthy information is sufficient to warrant a person of reasonable
caution in the belief that an offense has been or is being committed" is the Supreme
Court's definition of:
a. reasonable suspicion
b. probable cause
c. a preponderance of the evidence
d. beyond a reasonable doubt
At the end of 2009, all 36 states with the death penalty authorized ___________ as a
method of execution.
a. the gas chamber
b. lethal injection
c. the electric chair
d. hanging
Routine searches at our national borders require:
a. reasonable suspicion.
b. consent.
c. probable cause.
d. no justification.
The Supreme Court justified the screening of inmate mail 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).
A waiver of one's Sixth Amendment right to counsel must be all of the following,
except:
a. in writing.
b. knowing.
c. voluntary.
d. intelligent.
When a person is handcuffed after being arrested, officers may search:
a. only their person.
b. the area that has been under the immediate control of the suspect prior to being
arrested.
c. only where the suspect could reach while handcuffed.
d. all areas where the suspect could have hidden evidence.
Which of the following is not one of the disqualifying criteria under federal gun control
laws?
a. Fugitive
b. Drug user
c. On terrorism watch list
d. Convicted felon
The Sixth Amendment right to a public trial requires a balance with the public's
________ rights.
a. First Amendment
b. reasonable access.
c. the Fifth Amendment.
d. compelling public interest
States' penal codes contain:
a. Civil laws
b. Criminal laws
c. Codified laws
d. common law
The Supreme Court established its authority as the final interpreter of the Constitution
in the case of:
a. Martin vs. Hunter's Lessees
b. Ex parte McCardle
c. Plessy v. Ferguson
d. Marbury v. Madison
Among other things, the Fourteenth Amendment:
a. permitted blacks to be citizens of the United States.
b. permitted states to determine the citizenship status of blacks.
c. abolished slavery in the territories.
d. overturned the Emancipation Proclamation.
Title VII prohibits policies or practices that are not intended to discriminate but, in fact,
have a disproportionately negative effect on minorities, also known as:
a. disparate treatment.
b. disparate impact.
c. reverse discrimination.
d. preemption.
Under the First Amendment, there is an absolute freedom to:
a. speak
b. act
c. protest
d. believe
A statement obtained in violation of a person's constitutional rights will only be
permitted in court to:
a. corroborate the defendant's protestations of innocence.
b. impeach the defendant's perjured testimony at trial.
c. impeach defense witnesses during cross-examination.
d. provide aggravating factors in the sentencing phase.
The vast majority of cases heard in U.S. District Courts are:.
a. criminal cases
b. civil cases
c. drug cases
d. homeland security cases
Which of the following would not be a legitimate factor contributing to the decision to
frisk?
a. suspect who flees
b. suspicion a suspect possesses dangerous drugs
c. being in known high-crime area
d. suspect's hand is concealed in pocket
Which of the following is not one of the criteria that must be met for plain view?
a. The original intrusion is legal only because it is pursuant to a valid warrant.
b. The items are plainly observed while in the permissible scope of the original
intrusion.
c. The original intrusion is legal because the officers are present legally.
d. The items are immediately recognizable as evidence or contraband.
To determine whether a particular case has been overturned or is still good law, you
would:
a. remand it.
b. check popular literature.
c. shepardize the case.
d. brief it.
The philosophy which is based on free, independent individuals agreeing to form a
society and to give up a portion of their individual freedom to benefit the security of the
group is generally known as:
a. a social contract
b. communal well-being
c. the federalist philosophy
d. natural law
The first notable case involving the Second Amendment was the 1875 decision in:
a. Presser v. Illinois.
b. United States v. Miller.
c. United States v. Cruikshank.
d. Stevens v. United States.
The "Lemon" test regarding separation of church and state required that any law
challenged under the establishment clause must meet all of the following criteria,
except:
a. have a primary secular purpose.
b. have a principle effect that neither advances nor inhibits religion.
c. have a principle effect that either advances or inhibits religion.
d. not generate excessive entanglement between government and religion.
The First Amendment specifically prohibits Congress from making any laws that
restrict freedom of religion, speech, press, assembly, and:
a. privacy.
b. to petition the government.
c. the presumption of innocence.
d. travel.
On what page number does this case begin: Miranda v. Arizona, 384 U.S. 436 (1966)?
a. 384
b. 436
c. 1,966
d. Not enough information is provided.
A situation in which the police take someone in for questioning in a manner that is, in
reality an arrest, but without the requisite probable cause (and therefore illegal) is
called:
a. an augmented stop.
b. a seizure incident to arrest.
c. detention tantamount to arrest.
d. pre-arrest detention.
Police may use deadly force against fleeing felons:
a. if the pursuit enters another jurisdiction.
b. if the police fear the felon would otherwise escape.
c. only if the suspect presents an imminent danger to life.
d. if state law requires it.
Which of the following would not violate the right against double jeopardy?
a. A second prosecution for the same offense after acquittal.
b. More than one punishment for the same offense.
c. Independent trials for an offense in both state and federal courts.
d. Lesser-included offenses tried after initial trial.
Prejudice is:
a. an attitude.
b. punishable by law.
c. a behavior.
d. deemed unconstitutional under the Fourteenth Amendment.
The laws that emanate from the Supreme Court:
a. are the law of the land.
b. may be appealed to another court having similar jurisdiction.
c. constitute statutory law.
d. may hold only until the end of the presiding chief justice's term.
The precedent case for searches incidental to a lawful arrest is:
a. Minnesota v. Dickerson.
b. Terry v. Ohio.
c. New Jersey v. T.L.O.
d. Chimel v. California.
Clerks of court are responsible for keeping the courtroom proceedings orderly and
dignified.
Explain the Second Amendment's current status, and how that status affects laws
relating to gun ownership.
The court has no duty to protect those who come before it from undue adverse publicity.
In Ex parte McCardle (1868), Congress reserved the right to limit the jurisdiction of
federal courts, including the Supreme Court.
The __________ doctrine allows officers who feel something that they immediately
identify as contraband, it can be lawfully seized based on probable cause.
The Supreme Court, powerful as it is, cannot override the will of the majority expressed
in acts of Congress.
The Constitution was signed in Philadelphia on July 4, 1776.
Describe the authority the Supreme Court has and how it has come by this authority.
An estimated 95 percent of all arrests are made ____________.
The Durkheimian perspective saw punishment as revenge and a means to restore and
solidify the social order.
Perhaps the most important "speedy trial" issue is whether the defendant was unduly
harmed by the delay.
Many states apply a higher fighting words standard to law enforcement officers because
they are expected to exercise a higher degree of restraint than the average citizen.
Explain what the Fourteenth Amendment did and its effect on all U.S. citizens.
The number of antigovernment "Patriot" groups has been declining in recent years.
A _________ identification procedure is when only one individual is shown to the
victim or witness.
Most legal encyclopedias make distinct efforts to be objective and noncritical by simply
stating the propositions of law and providing an elementary introductory explanation.
