The balance of power was established by creating three separate branches of
government, all of which work completely independently of each other.
a. True
b. False
Miranda warnings must be given during traffic stops if information is about to reveal
probable cause to arrest.
a. True
b. False
Electronic monitoring that ensures a probationer does not leave home except to go to
work is known as
a. home prison.
b. parole.
c. restitution in person.
d. an intermediate sanction.
Government’s restriction of the press through use of prior restraint is rare in the United
States and most other democratic countries.
a. True
b. False
Which of the following is insufficient to support probable cause?
a. physical evidence
b. admissions
c. association with known criminals
d. failure to protest arrest
When the Articles of Confederation were drafted, the number of independent states in
the Union was:
a. 7
b. 9
c. 11
d. 13
A taking by a government agent of contraband or evidence of a crime is a search.
a. True
b. False
Any intrusion on a person’s freedom, including stopandfrisk situations, involves Fourth
Amendment protections.
a. True
b. False
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
The _________Amendment has been used by the Supreme Court to infer the right to
privacy.
a. Third
b. Seventh
c. Ninth
d. Tenth
One consideration in determining whether a search or seizure is reasonable is whether a
person’s reasonable expectation of privacy has been violated by the government.
a. True
b. False
In 1777, the delegates of the Second Continental Congress created a governmental
model for the new country with the
a. Declaration of Independence.
b. Magna Carta.
c. Articles of Confederation.
d. Bill of Rights.
American law is considered a living law because:
a. it can change as society changes.
b. it can never be rescinded or cancelled.
c. once a law is passed, it stands forever.
d. there are no constraints on its application or interpretation.
In the 1999 case of Chicago v. Morales, the Supreme Court upheld an “antiloitering”
ordinance, stating that the definition of illegal loitering as “to remain in any one place
with no apparent purpose” was not unconstitutionally vague.
a. True
b. False
The first confession case decided by the Supreme Court was:
a. Miranda v. Arizona.
b. In re Gault.
c. New York v. Quarles.
d. Brown v. Mississippi.
Amenities such as cable television in prison are considered to be inmate:
a. pampering.
b. privileges.
c. rights.
d. sanctions.
Searches of vehicles incident to the arrest of an occupant area allowed only if the
officer has a reasonable belief that the arrestee can gain access to the vehicle or
__________will be found in the vehicle.
a. contraband
b. weapons
c. evidence of the crime of arrest
d. evidence of any crime
Which has not been held to be cruel and unusual punishment?
a. Execution of anyone under 18 when they committed a capital offense.
b. Execution of the mentally ill or mentally retarded.
c. Execution method presenting substantial risk of serious harm.
d. Execution by firing squad.
The Supreme Court allowed United Parcel Service employees to open packages without
a warrant to inspect contents of the package for insurance purposes in the case of
a. United States v. UPS
b. United States v. Parker
c. United States v. Ross
d. Wolf v. Colorado
The Bill of Rights was originally meant to apply only to the states, not the national
government.
a. True
b. False
Simply put, a law is:
a. that which those in power deem to be right and just.
b. a rule with the power of government behind it.
c. a matter of interpretation, being different things to different people.
d. the way a society is defined.
Whether there is a right to a federal jury trial is based largely on:
a. previous cases heard and common law analysis.
b. the geographical jurisdiction of the offense.
c. whether or not the issue is of local or national importance.
d. whether or not federal civil remedies are sought.
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.
Since they are not incarcerated, probationers and parolees enjoy the same Fourth
Amendment rights as law- abiding citizens.
a. True
b. False
Which of the following has been held to be a violation of a prisoner’s right against cruel
and unusual punishment?
a. Suspending visiting privileges for an inmate who failed more than one drug test.
b. Exposure to second-hand smoke posing an unreasonable risk of damage to health.
c. A prisoner shot in the leg during a riot to maintain discipline.
d. The use of chain gangs.
All searches must be:
a. with a warrant.
b. with consent.
c. limited in scope.
d. general in nature.
The branch of government is authorized to declare war is the:
a. executive branch
b. legislative branch
c. judicial branch
d. military branch
The Bail Reform Act of 1984 eliminated a presumption in favor of pretrial release
through the bail process.
a. True
b. False
Invoking the Eighth Amendment, the Supreme Court found a 90 day sentence for being
addicted to the use of narcotics excessive in
a. Robinson v. California
b. Coker v. Georgia
c. Anderson v. Alabama
d. Pulley v. Harris
The Supreme Court has upheld the execution of mentally retarded offenders.
a. True
b. False
The Constitution provides:
a. an absolute right to be free from government intrusion.
b. a right to be free from government intrusion unless a warrant has been issued.
c. a right to be free from unreasonable government intrusion.
d. a right against any form of intrusion by public or private parties.
Officers are required to inform people that they have the right to refuse consent to
search.
a. True
b. False
The right of the people to “keep and bear arms” is contained in the Amendment.
The _______Amendment prohibited housing soldiers in private homes during
peacetime.
__________is an attitude; discrimination is a behavior.
_________ championed the theory that government and religion need not, and in fact
cannot, be completely separated.
The first two requirements for a criminal trial are that it be speedy and _______.
Assume that you were a member of a prosecution team that successfully convicted a
man of premeditated murder 10 years ago. A new defense attorney for the convicted
individual uncovers a witness statement in a case file that suggests that someone else,
other than his client, might have committed the killings. The statement was accidentally
filed in another case file with a felon with the same last name. An angry member of the
victim’s family just barged into your office after hearing about the new statement. What
would you say?
Your best friend is facing a criminal trial for leaving the scene of an accident and DUI.
She can’t really afford to hire an attorney specializing in these offenses and wonders if
she can defend herself in a trial. Can she? Why or why not? Should she?
Discuss the evolution of the right to be represented by an attorney during a criminal
trial.
Discuss the concept of federalism and how it is embodied in the Tenth Amendment
In 1791, the first 10 Amendments to the United States Constitution were passed to
guarantee individual rights. Which of these Amendments do you feel is most important?
Which of these Amendments is least important? Justify your answers.
_________will only be considered coercive if it has the effect of overbearing one’s will.
A young man told a few people that he had served in Afghanistan and was awarded the
Silver Star. Unfortunately, one of these people told a newspaper reporter that she
suspected he was being untruthful and the young man found himself on the cover of the
newspaper with the headline, “Liar!” The local prosecutor intends to prosecute your
client under a law forbidding lying about military service. Everyone in town is angry
about the case. This young man has come into your legal office asking you to represent
him. He has been rejected by many attorneys in town.
Would you take the case? Why or why not?
The area within a person’s reach or immediate control is called the person’s
___________.
In Dred Scott v. Sanford, the Supreme Court ruled that even __________could not be
citizens and they had “no rights which a white man was bound to respect.”
An estimated 95 percent of all arrests are made ____________________.
Some activist groups argue that an _______citizenry is the best defense against tyranny.