In the Heller decision, the Supreme Court specifically refrained from voicing an
opinion on whether the Second Amendment applied to:
a. illegal immigrants.
b. the states.
c. private individuals.
d. certain misdemeanants.
The circumstances in which officers leave their jurisdiction and enter another to make
an arrest of a felon who committed the felony in the officers’ jurisdiction and then fled
across jurisdictional lines is called:
a. fresh pursuit
b. hot pursuit
c. continuous pursuit
d. unabated pursuit
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.
Using physical torture as a means to obtain a confession violates due process, though
not Miranda.
a. True
b. False
The exclusionary rule:
a. is a constitutional right under the Fourth Amendment
b. is a Congressionally created remedy
c. was promulgated by the Senate.
d. safeguards rights through its deterrent effect.
The Ninth Amendment deals with the concept(s) of:
a. due process.
b. suits at common law.
c. enumeration of certain rights.
d. federalism.
Standards to define obscenity were set forth in:
a. Near v. Minnesota.
b. the Zenger case.
c. Edwards v. City of Goldsboro, NC.
d. Miller v. California.
Judicial activism is:
a. unconstitutional.
b. when judges interpret the Constitution and its amendments
c. a violation of due process.
d. all of the above.
The Court acknowledged that virtual exclusion of African-Americans from juries
constituted an equal protection violation in:
a. Adarand v. Pena.
b. Norris v. Alabama.
c. Swain v. Alabama.
d. Batson v. Kentucky.
To date, federal courts have held that the Constitution:
a. guarantees the absolute right of any American citizen to keep and bear arms.
b. still does not guarantee an absolute right to keep and bear arms.
c. is irrelevant in issues concerning private possession of firearms.
d. the federal courts have not addressed the Second Amendment.
The framework for the federal judiciary is:
a. based on common law.
b. found in the Declaration of Independence.
c. outlined in The Federalist Papers, issue V
d. found in Article 3 of the U.S. Constitution.
Who opposed an enumerated Bill of Rights?
a. George Washington
b. James Madison
c. Nathan Hale.
d. Thomas Jefferson.
The Second Amendment stands for the proposition that a well-regulated militia is
necessary to the security of a free state.
a. True
b. False
Perhaps the most important “speedy trial” issue is whether the defendant was unduly
harmed by the delay.
a. True
b. False
The ultimate importance of this case is that the Supreme Court will recognize
unenumerated rights within the Due Process Clause.
a. Dred Scott
b. Griswold
c. Plessy v. Ferguson
d. Washington v. Glucksberg
The Articles of Confederation formally pledged the states to:
a. a unified tax structure.
b. a perpetual union.
c. the formation of the Confederate Army.
d. maintain a centralized government.
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 Supreme Court held that a suspect who wishes to invoke his or her right to remain
silent must first speak up and unambiguously state that desire in the case of
a. Michigan v. Mosley
b. Berghuis v. Thompkins
c. Howes v. Fields
d. United States v. Jonas
The 10th Amendment was the only amendment agreed on by all the states
recommending ________.
a. a Bill of Rights.
b. a Supremacy Clause.
c. peace with England.
d. Western expansion.
Exigent circumstances include all of the following, except:
a. driving while intoxicated.
b. a person fleeing upon seeing an officer approach.
c. rendering emergency aid.
d. danger of destruction of evidence.
The Fourth Amendment regulates the actions of all of the following, except the:
a. Internal Revenue Service
b. Secret Service
c. United Parcel Service
d. Food and Drug Administration
The Sixth Amendment right to counsel is violated if police intentionally create a
situation likely to result in an incriminating statement when that right has not been
waived.
a. True
b. False
The Court has jurisdiction over two general types of cases, cases that reach it on appeal
and cases over which the Court has:
a. original jurisdiction.
b. appellate jurisdiction.
c. the power of judicial review
d. subject-matter jurisdiction
Of the following statements about dissenting opinions, all are accurate except:
a. They carry no legal authority.
b. They date to the King’s Bench of Great Britain in 1792.
c. They are often used in hope of influencing future decisions.
d. They carry the same legal authority as the majority opinion.
The Supreme Court has held that the Eighth Amendment prohibits execution of anyone
who was under age 21 at the time they committed the capital offense.
a. True
b. False
The Supreme Court ruled that capital punishment can only be imposed by a jury or by a
judge following a jury’s recommendation in:
a. Powell v. Alabama
b. Trop v. Dulles
c. Brown v. Mississippi
d. Ring v. Arizona
Opponents of the death penalty most frequently cite which Amendment’s prohibition
against cruel and unusual
punishment?
a. Fifth Amendment
b. Sixth Amendment
c. Fourth Amendment
d. Eighth Amendment
The Articles of Confederation established a Congress to conduct the necessary tasks of
a central government.
a. True
b. False
Courts in some states have upheld vehicle stops on a suspected drunk driver based on
a. anonymous tips.
b. broken glass.
c. a urinalysis.
d. Facebook entries.
Suits at common law are legal controversies arising out of criminal law rather than civil
law.
a. True
b. False
The opening paragraph of the Articles of Confederation explains why the Articles were
issued, that is, the compelling necessity for the colonists to break their political ties with
Great Britain.
a. True
b. False
The Ninth Amendment has never been the basis of a decision by a majority of the
Supreme Court justices.
a. True
b. False
Some argue that the judges are reluctant to use this amendment because it’s language is
vague, never defining what specific rights are protected.
a. Ninth Amendment
b. 11th Amendment
c. 10th Amendment
d. 13th Amendment
Which of the following is not one of the three levels of court function in both state and
federal courts?
a. trial courts
b. appellate courts
c. circuit courts
d. courts of last resort
Which of the following have lower courts not yet recognized as analogous to plain
view?
a. plain feel
b. plain smell
c. plain hearing
d. plain taste
The Supreme Court has effectively created most of its own power and authority through
the process of ___________.
___________ describes the authority of a court to hear cases first, try them and render
decisions.
The Ninth Amendment has been called the companion of the _____ Amendment in
establishing that all is retained which has not been surrendered.
The Law Enforcement Officer’s Safety Act allows “________active and retired law
enforcement officers” to carry concealed weapons anywhere in the U.S.
According to the Brady Center, a gun is ________times more likely to be used in a
completed or attempted suicide, criminal assault or homicide, or unintentional shooting
death or injury than to be used in a self-defense shooting.
The _______Amendment has never been subjected to Supreme Court review.
Discuss the relationship between electronic surveillance and one’s reasonable
expectation of privacy.
False confession cases in which the suspect acquiesces to escape from a stressful
situation, to avoid punishment, or gain a promised or implied reward are called
_________-confessions.
The ________Amendment is sometimes referred to as the forgotten amendment
because it is seldom used as a basis for Supreme Court decisions.
Olmstead v. United States stated that the most comprehensive and most valued right by
civilized men was the right _____________.
Reimbursement to the plaintiff for actual harm done, such as medical expenses or lost
business, is known as _________________.
The Supreme Court has consistently held that ______ may not be prohibited simply
because some find it offensive.
The_________Amendment addresses when an individual is entitled to a federal jury
trial.
Impaired ___________identification is a situation in which people of another race have
difficulty recognizing facial attributes of other races.
A capital case in which the death penalty might be involved requires two proceedings,
one to determine guilt, and one to determine _____________.
How do you think omission of slavery from the United States Constitution impacted the
history of the United States?
Describe the purposes and accomplishments of the two Continental Congresses.
Explain reasonable suspicion.
In 1863, President Lincoln declared free all the slaves in the rebelling states in the
____________________.
_______________confessions are those in which innocent but vulnerable suspects,
exposed to highly suggestive interrogation techniques, come to confess as well as to
believe they committed the crime in question.