LAWS 30743

subject Type Homework Help
subject Pages 13
subject Words 1997
subject Authors Christine, Hess Orthmann, J. Scott Harr, Kären M. Hess

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page-pf1
Usually, officers cannot make a lawful arrest:
a. for any crime committed in their presence.
b. for any felony if they have probable cause.
c. with an arrest warrant.
d. for a misdemeanor committed outside their presence.
Which of the following is not an officer of the court?
a. Sheriff
b. Judge
c. Lawyers
d. Plaintiff
The Supreme Court consists of one Chief Justice and _________ Associate Justices.
a. 5
b. 6
c. 8
page-pf2
d. 9
Roadblocks have been found to be constitutional if their purpose is to check for:
a. drugs.
b. drunk drivers.
c. illegal weapons.
d. criminal activity.
Which is not one of the three conditions set forth in Faretta v. California that must be
met before a person can represent him or herself?
a. awareness of the right to counsel.
b. valid waiver
c. competency
d. legal knowledge
page-pf3
In Rochin v. California, the Supreme Court held that searches that ________are a
violation of due process and any evidence so obtained will, therefore, be inadmissible.
a. offend liberty
b. violate privacy
c. show a heedless disregard for civil rights
d. shock the conscience
Clerks of court are responsible for keeping the courtroom proceedings orderly and
dignified.
a. True
b. False
The Smith Act (1940):
page-pf4
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.
The Bail Reform Act of 1984 established the practice of:
a. preventive detention for people deemed a threat or likely to flee.
b. assigning lawyers with the responsibility of seeing to it that their clients appear when
directed.
c. permitting a property bond in lieu of cash.
d. third-party custody.
United States v. Miller (1939) was a critical case because the court recognized an
individual rather than a state right to bear arms.
a. True
b. False
page-pf5
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.
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.
page-pf6
At the end of 2010, 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
In Everson v. Board of Education (1947), the Supreme Court cited Thomas Jefferson,
stating that the _____ was intended to erect a "wall of separation between Church and
State."
a. establishment of religion clause
b. free exercise clause
c. separation of parochial and secular schools
d. "excessive entanglement" test
The Constitution was originally drafted to limit the power of:
page-pf7
a. the federal government.
b. governments of the 13 independent colonial states.
c. British rule over the colonies.
d. Congress.
Law does all of the following, except that it does not:
a. respond to the perceived needs of the society it serves.
b. define unacceptable behavior.
c. establish consequences for unlawful behavior.
d. provide justice for all.
The practice established for individuals deemed a threat to society or likely to flee is:
a. Involuntary commitment
b. The Bail Reform Act of 1966
c. Preventive detention
d. Protective custody
page-pf8
A standoff between the FBI and the Montana "Freemen" ended with the deaths of 74
members of this Christian patriot group.
a. True
b. False
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.
page-pf9
The juvenile justice system is comprised of the following components:
a. intervention, courts, and rehabilitation
b. law enforcement, courts, and corrections
c. intervention, adjudication, and punishment
d. law enforcement, counseling, and rehabilitation
The Supreme Court applied Sixth Amendment rights to juveniles in:
a. In re Winship
b. California v. Hodari D
c. In re Gault
d. Brewer v. Williams
Voluntariness of a confession is determined by the police conduct involved and whether
the individual has been read their Miranda rights.
a. True
b. False
page-pfa
In United States v. Ursery, the Supreme Court ruled that since forfeiture is a civil action,
not an additional criminal action, it is not:
a. double jeopardy
b. an excessive fine
c. cruel and unusual punishment
d. applicable to the states through the Fourteenth Amendment
What level of proof is required for a Terry stop?
a. reasonable suspicion
b. probable cause.
c. preponderance of the evidence.
d. no proof is required.
page-pfb
The Sixth Amendment requires that the trial occur in the district in which the crime was
committed.
a. True
b. False
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.
The conception and planning of an offense by an officer and his procurement of its
commission by one who would not have perpetrated it except for the trickery,
persuasion, or fraud of the officer is:
a. ensnarement
b. entrapment
page-pfc
c. framing
d. a set up
The place where a specific case may come to trial and the area from which the jury is
selected is known as:
a. voir dire
b. jurisdiction
c. district
d. venue
At the Constitutional Convention of 1787, delegates elected to preside over the
meetings.
a. Thomas Payne
b. Alexander Hamilton
c. George Washington
d. Thomas Jefferson
page-pfd
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 Constitution did not abolish slavery, an error that was rectified in the Bill of Rights.
a. True
b. False
page-pfe
The Miranda warning must be given during any stop.
a. True
b. False
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.
a. True
b. False
Some commentators feel that the appointment of Supreme Court justices by the chief
executive (the President of the United States) ensures that the Supreme Court will
always be a political body, voting politically on cases that come before it. Do you
agree? Why or why not?
page-pff
______________is a deliberate "end run" around Miranda by purposely withholding
warnings until after a confession is obtained and then giving Miranda to re-ask the
question (and is unconstitutional).
The Supreme Court has held that forfeiture is not double jeopardy because it is a
___________action.
Compare and contrast a stop and an arrest.
page-pf10
Describe at least eight instances in which Miranda need not be given.
page-pf11
The area within a person's reach or immediate control is known as __________.
A purposeful, voluntary giving up of a known right is a _________.
In upholding the free speech right of anonymous pamphleteering, the Supreme Court
held that "Anonymity is a shield from the tyranny of the ___________."
When the process shifts from investigatory to __________the accused must be
permitted to consult with his or her lawyer.
page-pf12
After a person has ______________property, he or she has no reasonable expectation of
privacy relative to that property.
_____means to make law through a legal process.
Describe the rights protected by the Eighth Amendment and which, if any, have been
incorporated to apply to the states.
page-pf13
The law of _________was established in the landmark case of Terry v. Ohio.
After the President nominates a judge for appointment to the Supreme Court, the
___________must confirm the nomination.
Lynch v. Donnelly dealt with issues involving the ___________Clause of the United
States Constitution.

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