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The Durkheimian perspective saw punishment as revenge and a means to restore and
solidify the social order.
a. True
b. False
The Supreme Court, powerful as it is, cannot override the will of the majority expressed
in acts of Congress.
a. True
b. False
Opponents of preventive detention argue that the accused is being punished without
trial and that protecting the community is the job of the police, not the purpose of bail.
a. True
b. False
Van Orden v. Perry and McCreary County v. ACLU were similar cases dealing with the
Establishment Clause in 2004, but yielded vastly different rulings.
a. True
b. False
The famous supremacy clause, declaring the "Supreme Law of the Land," is contained
in:
a. the Declaration of Independence.
b. the First Amendment to the Bill of Rights.
c. Article 6 of the Constitution itself.
d. the Great Compromise.
Perhaps one of the most fundamental constitutional rights of prisoners is:
a. access to the courts
b. freedom of religion
c. due process in disciplinary hearings
d. freedom of speech
The Supreme Court made the exclusionary rule applicable to the states, holding that "all
evidence obtained by searches and seizures in violation of the Constitution are by the
same authority inadmissible in state court" in:
a. Mapp v. Ohio
b. Weeks v. U.S.
c. United States v. Leon
d. Wolf v. Colorado
Olmstead v. United States stated that "the most comprehensive of rights and the right
most valued by civilized men" is the right to pursue happiness.
a. True
b. False
In 1774, the First Continental Congress accomplished all of the following, except:
a. defining the rights of the colonists and outlining violations of these rights by the
British government.
b. addressing American grievances to King George and calling for restoration of rights.
c. calling for a boycott of British goods until demands were met.
d. formally severing ties with Great Britain.
In ExparteMcCardle (1868), Congress reserved the right to limit the jurisdiction of
federal courts, including the Supreme Court.
a. True
b. False
A petition is a written statement from the Court.
a. True
b. False
The Supreme Court ruled that cities may not prohibit yard signs 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).
Delegation of federal immigration enforcement to state and local law enforcement
agencies so they may assist in enforcing federal immigration laws is allowed by:
a. Section 1983 of the U.S. Code
b. Congress
c. Section 287(g) of the Immigration and Nationality Act
d. The Department of Justice
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.
The Amendment that contains the famous due process clause, "nor shall any person be
deprived of life, liberty, or property without due process of law," is the:
a. Fifth Amendment
b. Sixth Amendment
c. Fourth Amendment
d. Eighth Amendment
An act must be distinguished as either a crime or a tort; it cannot be both.
a. True
b. False
Which of the following would not constitute a lawful warrantless search?
a. dumpster-diving
b. looking at curtilage from the air
c. using a thermal imaging device to find a "grow" room
d. covert involuntary DNA sampling
The ability of a president to select a Supreme Court justice is a powerful political
opportunity because:
a. the justice selected will treat that president with favoritism, should they ever be
involved in a legal dispute.
b. the justice selected must rule the way the president wishes.
c. it might be possible to select a candidate with similar political views.
d. most judicial candidates are powerful people themselves.
It is not unconstitutional to obtain a confession by:
a. deprivation of food, drink, and sleep
b. psychological coercion
c. trickery and deceit
d. threats, but not acts, of violence
The Ninth Amendment establishes that the rights of U.S. citizens extend beyond those
listed in the Constitution.
a. True
b. False
Which of the following is not considered when determining if the length of an
investigative stop was reasonable?
a. the purpose of the stop
b. whether force was used to stop and detain the suspect
c. the reasonableness of the time used to investigate
d. the reasonableness of the means of investigation
The Thirteenth Amendment granted citizenship to the freed slaves.
a. True
b. False
In which scenario would Miranda warnings be required?
a. Suspect in custody for an unrelated offense.
b. When suspect appears to testify before grand jury.
c. undercover officer poses as inmate and asks incriminating questions.
d. during line-ups, show-ups, and photographic identifications.
Even after Lincoln issued the Emancipation Proclamation, slavery remained entrenched
in the states.
a. True
b. False
The number of antigovernment "Patriot" groups has been declining in recent years.
a. True
b. False
The central controversy of the Second Amendment has been whether:
a. the government should be involved in regulating the militia.
b. the militia should consist of professional soldiers or volunteers.
c. people have a right to bear arms as individuals rather than only as part of a militia.
d. arms are necessary for the proper functioning of a militia.
A Supreme Court appointment is a lifetime appointment, but can be terminated by
a. impeachment.
b. resignation.
c. death.
d. B and C
e. all of the above
The landmark case in which the Supreme Court called for a ban on the death penalty in
Georgia, ruling its law was capricious, and hence, cruel and unusual punishment is:
a. Furman v. Georgia
b. Coker v. Department of Corrections
c. Gregg v. Georgia
d. Ford v. Georgia
"Whether the gravity of the evil discounted by its improbability, justifies such invasion
of free speech as is necessary to avoid the danger" is called the:
a. clear and probable danger test
b. clear and present danger test
c. imminent lawless action test
d. imminent probable danger test
The Griswold case revived interest in which type of rights?
a. fundamental
b. unenumerated
c. substantive
d. enumerated
Evidence that has been seized illegally by an independently-acting private person and
turned over to the police is inadmissible in court as fruit of the poisonous tree.
a. True
b. False
The Equal Protection Clause prohibits discrimination in jury selection only when it is
based on race.
a. True
b. False
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 Constitution does not provide an absolute right to be free from government
intrusion, only ___________________.
Discuss the difference between prejudice and discrimination and give examples of each.
Historically, freedom of the press has been attached to the general concept of ________.
Cases that question the amounts awarded at trial have primarily dealt with
____________damages.
When a vehicle is subject to a traffic stop, a passenger in a vehicle is considered
_________for the purposes of the Fourth Amendment.
You are a police officer investigating a double homicide. You have suspicion that a
particular person may be involved, but do not have probable cause. You follow the
individual for several days without developing additional incriminating evidence, but
you are convinced the individual is guilty and may very well kill again. When
the suspect leaves his apartment, he leaves the front door unlocked. You open the door
and see a gun on the coffee table that matches the type forensics has determined fired
the fatal bullets in the double homicide. There is no one else in the apartment, so you
leave and wait across the street. A few hours later, you see the suspect stumbling
towards his apartment, obviously under the influence of alcohol. You wait until he is at
his front door and approach him with the idea of arresting him for public intoxication
after he opens the door. You do so and, as you arrest the suspect, the gun is in plain
view. Based on the arrest and the gun being in plain view, the evidence is seized
consistent with the law and will be instrumental in convicting the suspect. No one
knows that you had earlier entered the apartment without probable cause, which would
render the search suspect and the evidence likely excluded at trial. Does this raise an
ethical issue for the police officer? If so, how should the police officer deal with it?
The Supreme Court has jurisdiction over cases that reach it on appeal and cases over
which it has _________ jurisdiction.
To avoid relying on a case that has been overturned or otherwise rendered invalid,
attorneys and paralegals use a reference technique known as _________________.
The 22nd Amendment restricts the length of presidency to two terms. The only
president to serve more than two terms was Franklin Delano Roosevelt, who died
shortly after beginning his fourth term in 1945. Present an argument that this
constitutional amendment should be repealed. What counter argument to your position
has the most validity?
Though there is no rigorous time limit on how long a person may be detained, factors to
be considered include the reasonableness of the time used for the investigation that
officers wish to conduct, the reasonableness of the means of investigation used by the
officer, and the ________.
The Fourth Amendment also requires that any search or arrest warrant be based on
__________.
One of the exceptions to a search warrant is known as exigent circumstances. If police
officers have established probable cause that evidence is likely to be in a certain place
and do not have time to get a search warrant, they may conduct a warrantless search.
This can include a reasonable belief that evidence will be removed or destroyed if the
officers wait for a warrant. Some courts are dubious of this exception since police
officers can frequently create the risk of destruction of evidence by their own behavior.
Do you think there is a potential abuse of this exception by the police? If so, how? If
not, why not?
Discuss the constitutionality of flag burning. Explain your feelings about this symbolic
act and whether it should be constitutionally protected.
A federal district court analyzed gun control ordinance under a text, history, and
tradition approach to explain why the law was unconstitutional in the case of
_____________.
__________due process is constitutionally guaranteed rights of fairness in how the law
is carried out or applied.
