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The caption of a case tells:
a. in what other digests the case may be found.
b. the parties that are involved in a case.
c. when the case was first filed with the court.
d. who won the case.
The minimum number of justices required to vote in favor or granting certiorari to
review a case is:
a. 2
b. 4
c. 3
d. 1
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.
Until recently, courts throughout history:
a. have consistently rejected the individual rights view in favor of the states' rights
interpretation.
b. have consistently rejected the states' rights view in favor of the individual rights
interpretation.
c. rendered early decisions that favored the individual rights perspective but, since the
1970s, have progressively inclined more toward the states' rights perspective.
d. have continuously vacillated between the individual and states' rights perspectives,
depending on the liberal or conservative orientation of the Supreme Court.
The public safety exception was established in:
a. Jacobson v. United States.
b. Katz v. United States.
c. New York v. Quarles.
d. Illinois v. Perkins.
Which of the following is not part of the three-part test in determining "imminent
lawless action"?
a. The speaker subjectively intended incitement.
b. In context, the words used were likely to produce imminent, lawless action
c. the words used by the speaker objectively encouraged and urged incitement.
d. the words used by the speaker caused excitement.
Which is not one of the factors a court would use in determining witness reliability in
show-up identifications?
a. Opportunity to view defendant during crime.
b. Level of attention witness was paying.
c. Level of intelligence the witness demonstrates.
d. The witness' level of certainty in his or her identification.
The section of the Civil Rights Act prohibits intentional acts of employment
discrimination based on race, color, religion, sex, and national origin is:
a. USC Section 1983
b. Title VII
c. Section 287(g)
d. Title IX
Women were granted the right to vote:
a. through the Emancipation Proclamation.
b. 50 years before discrimination based on race was prohibited.
c. at the same time discrimination based on race was prohibited.
d. 50 years after discrimination based on race was prohibited.
The exclusionary rule was established at the federal level in the 1914 case of:
a. Terry v. Ohio.
b. Wolf v. Colorado.
c. Mapp v. Ohio.
d. Weeks v. United States.
In District of Columbia v. Heller, the Supreme Court noted that the Second Amendment
____________'s text and history demonstrate that it connotes an individual right to
keep and bear arms.
a. operative clause
b. prefatory clause
c. sunset clause
d. demurrer
The _____________ is based on the belief that when an officerinnocent of
misconductlawfully executes a warrant, the possibility that the warrant itself was issued
without sufficient probable cause should not withhold valuable evidence from the trial.
a. harmless error doctrine
b. inevitable discovery doctrine
c. good faith exception
d. valid, independent source doctrine
The Fourth Amendment applies:
a. only to police investigating criminal activity.
b. only to state and federal law enforcement agencies.
c. to the actions of both public officials and private citizens.
d. to all government workers.
Publications which examine current case law and which record and critique the
activities of legislators and judges, and which discuss legal developments are generally
known as:
a. treatises.
b. legal periodicals.
c. legal encyclopedias.
d. legal opinions.
Which of the following would not be included in a brief?
a. case name and citation.
b. summary of key facts.
c. legal issues involved.
d. copies of supporting articles.
Which of the following information sources would not be classified as secondary?
a. popular literature.
b. scholarly literature.
c. law school publications, such as the Harvard Law Review.
d. state constitutions.
Since the ratification of the Bill of Rights more than 7,000 amendments have been
proposed in Congress. Of those, the number that have been successfully ratified is:
a. 53
b. 115
c. 700
d. 17
When considering the characteristics of the accused, all of the following would apply,
except:
a. if the accused is of low intelligence.
b. if the accused is mentally ill.
c. if the accused is intoxicated.
d. if the accused is remorseful.
No Miranda warning is required if there is no seizure of the person as long as the police
do not:
a. convey the message that compliance is required.
b. secretly intend to arrest the person at a later time.
c. ask the person any incriminating questions.
d. let the person voluntarily come to the police station.
The purpose of the Brady Act is to:
a. limit the number of firearms on American streets at any given time.
b. prevent prohibited persons from obtaining handguns.
c. ensure that those obtaining firearms receive training in proper use and storage of their
weapon(s).
d. prevent accidental injury or death by firearms.
The U.S. Supreme Court has original jurisdiction:
a. in cases dealing with foreign dignitaries and in legal disputes between states.
b. in cases brought before it on appeal.
c. when citizens claim violations of their rights under the Constitution.
d. in cases dealing with treaties and those involving federal officials.
For prisoners, cases based on Sixth Amendment rights involve the right to a speedy trial
and the problem of:
a. extradition
b. detainer
c. incarceration
d. inter-facility transfer
The case establishing that indigents must be provided an attorney if they have been
accused of misdemeanor offenses and the penalty could include incarceration is:
a. Barker v. Wingo.
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
Conduct prohibited by law simply because the person engaging in the behavior is a
minor is considered a/an:
a. Delinquent act
b. Status offense
c. Infraction
d. Youthful offense
Hamilton v. Regents of the University of California (1934), involving compulsory
military training,was one of the earliest cases regarding:
a. freedom of the press.
b. freedom of religion.
c. freedom of speech.
d. freedom to assemble.
All searches must be:
a. with a warrant.
b. with consent.
c. limited in scope.
d. general in nature.
Case law is recorded as:
a. an opinion.
b. a statute.
c. an article.
d. an ordinance.
When the Court grants certiorari, it will:
a. officially end that term.
b. hear and decide that case.
c. consider hearing that case.
d. allow the ruling of the lower court to stand.
The use of a Taser might be considered unreasonable, excessive force if the subject is:
a. verbally abusive.
b. a flight risk.
c. an immediate threat.
d. a dangerous felon.
In the case of Texas v. Johnson (1989), the Supreme Court ruled: "If there is a bedrock
principle underlying the First Amendment, it is that the government may not prohibit
the expression of an idea simply because society finds the idea itself offensive or
disagreeable." This case involved:
a. child pornography
b. flag burning
c. cross burning
d. nude dancing
Which of the following is not within the power of the Supreme Court?
a. It can override the will of the majority expressed in an act of Congress.
b. It can require redistribution of political power in every state.
c. It can issue proactive opinions to address and avoid future controversies.
d. It has original jurisdiction in all cases involving ambassadors, other public ministers
and consuls.
Mempa v. Rhay held that a convicted offender has the right to assistance of counsel at
________________ in which the sentence has been referred.
a. inmate disciplinary hearings
b. probation revocation hearings
c. hearings before a parole board
d. inmate grievance boards
United States v. Miller (1939) was a critical case because the court recognized an
individual rather than a state right to bear arms.
Describe the influence of the Supreme Court on the justice system.
Freedom of religion, speech and the press is contained in the ________________
Amendment.
A person's reasonable expectation of privacy determines when Fourth Amendment
protections apply.
Discuss the delicate balance being struck by the Court in achieving the separation of
church and state in schools.
The _______________ Act strengthens the ability of the Justice Department and the
FBI to monitor suspected terrorists and their associates.
The framers of the Constitution were very specific as to how the Supreme Court was to
be organized.
The contention that police single out subjects based solely on the color of their skin
frequently leads to allegations of __________.
Legal citations are usually followed by the _______________.
The ________ Amendment prohibited housing soldiers in private homes during
peacetime.
Stopping a vehicle to search for evidence of a crime under the guise of a traffic stop is
called a ____________.
Research has found little evidence that increased in the number of citizens with
concealed handgun permits reduce or increase rates of violent crime.
According to the author, what are the three skills required to read a case?
Evidence seized in violation of a person's constitutional rights is prevented from being
admitted into court by the ____________.
The Ninth Amendment specifically guarantees the right to privacy.
During the colonial period, the ______________ was considered to be the entire male
populace of a state.
Explain reasonable suspicion.
The right of the people to "keep and bear arms" is contained in the ________________
Amendment.
Explain the primary purpose of the Constitution and how it is achieved.
