The Equal Rights Amendment (ERA) was first proposed as an amendment to the United
States Constitution in 1923 and was designed to guarantee equal rights for women. In
1972, it passed both houses of Congress and was sent to the state legislatures for
ratification. The ERA was ratified by 35 states, but was unable to garner the mandatory
three additional states by the deadline in 1982. Do you think that such an amendment
would pass today? Why or why not?
The reason a Supreme Court appointment is lifetime is:
a. so a justice may not be unduly influenced.
b. because it is very time consuming to select and train a justice.
c. because it would be age discrimination to require them to retire.
d. to continue the political legacy of the appointing President.
The Supreme Court has developed a series of fundamental rights not specifically
enumerated in the Bill of Rights using the incorporation doctrine.
a. True
b. False
The Supreme Court held there is no right to a federal jury trial when Congress had
created other administrative remedies in:
a. Thomas v. Union Carbide
b. Curtis v. Loether
c. Colgrove v. Battin
d. Griswold v. Connecticut
The Boston Tea Party was not:
a. a demonstration of the unwillingness of the colonists to pay taxes to Great Britain
without representation.
b. an act of protest against British rule over the colonies.
c. the culmination of growing resentment towards Parliament for passage of laws such
as the Stamp and Quartering Acts.
d. a formal meeting between British and colonial officials to establish a trade
agreement.
In Virginia v. Black (2003), the Supreme Court held that a law banning cross burning as
a hate crime itself is unconstitutional because the law presumes hate is the
purposewithout more evidence, cross burning is deemed a protected form of speech.
a. True
b. False
The Second Continental Congress named George Washington the commander of the
Continental Army.
a. True
b. False
Under the First Amendment, there is an absolute freedom to:
a. speak
b. act
c. protest
d. believe
Though in the past some states have approved of executing offenders as young as 15,
the Supreme Court has held that no one who was under ________when they committed
a capital offense shall be sentenced to death.
a. 16
b. 17
c. 18
d. 19
The 56 signers of the Declaration of Independence were all honored at a special
ceremony on July 4, 1785.
a. True
b. False
Officers can conduct a limited protective search incident to in-house arrest
____________that anyone dangerous is hiding in the home.
a. without any suspicion
b. with reasonable suspicion
c. with probable cause
d. with specific, articulable facts
The Supreme Court” “proportionality analysis” of sentences includes all of the
following, except:
a. the gravity of the offense and the harshness of the penalty.
b. the sentences imposed on other criminals in the same jurisdiction.
c. the sentences imposed for the commission of the same crime in other jurisdictions.
d. an analysis of punishments for the same offense from an historical perspective.
The only justification for the use of deadly force is self-defense.
a. True
b. False
The doctrine of staredecisisfirmly prevents the law from changing or reconsidering
itself in matters in which undesirable law resulted.
a. True
b. False
The Constitution was signed in Philadelphia on July 4, 1776.
a. True
b. False
The percentage of cases submitted to the Supreme Court which are summarily denied,
having no justices expressing an interest in them is approximately:
a. 30%
b. 50%
c. 70%
d. 90%
Unintentional acts of employment discrimination based on race, color, sex, religion, or
national origin are prohibited by Title VII of the Civil Rights Act.
a. True
b. False
The vast majority of cases heard in U.S. District Courts are:.
a. criminal cases
b. civil cases
c. drug cases
d. homeland security cases
Cultural and ethnic diversity has always been an attribute of America.
a. True
b. False
Congress reserves the right to limit jurisdiction of federal courts, including the United
States Supreme Court.
a. True
b. False
Rights not specifically listed in the Bill of Rights are known as delegated rights.
a. True
b. False
Ineffective assistance of counsel claims can be based on the:
a. gravity of the offense charged.
b. accessibility of witnesses for the defense.
c. failure to take normal and routine steps before trial.
d. counsel’s inexperience compared to the complexity of the case.
If the Supreme Court declines to hear a case, it is __________the state’s ruling.
a. questioning
b. upholding
c. affirming
d. relinquishing
The Heller decision has had a sweeping impact on gun control laws across the United
States.
a. True
b. False
After the Plessy decision, the concept of “separate but equal” became entrenched in the
Southern states through the enactment of:
a. the Civil Rights Act of 1964.
b. school desegregation.
c. Jim Crow laws.
d. the Fourteenth Amendment.
Massiah v. United States (1964) held that a critical stage requiring a lawyer includes
when a defendant is:
a. made aware a crime has been committed.
b. approached by the police.
c. determined to be indigent.
d. charged with a crime.
Miranda warnings must be given to a suspect interrogated in police custody, defined as
when the suspect is:
a. under arrest.
b. facing criminal charges.
c. not free to leave.
d. reasonably free to leave the situation.
Formal ties between Great Britain and the United States were severed:
a. when the American Declaration of Independence was signed.
b. when the colonists boarded British ships and threw tea overboard.
c. through the drafting of the Magna Carta.
d. at the meeting of the First Continental Congress.
The Supreme Court ruling in McDonald v. Chicago prevents state and local
governments from passing gun laws.
a. True
b. False
Bail is forfeited when:
a. the defendant is found guilty.
b. the defendant is acquitted.
c. the defendant doesn”t appear in court.
d. the defendant has to be apprehended by a bail agent.
The Supreme Court held that a violation of Miranda does not require the suppression of
the “physical fruits” of the statement, only the nonuse of the actual statement in the case
of
a. Arizona v. Robertson
b. Minnick v. Mississippi
c. New York v. Quarles
d. United States v. Patane
A warrant is generally required to stop and frisk an individual based on reasonable
suspicion.
a. True
b. False
In Florida v. J.L., the Supreme Court ruled that Terry stops:
a. can be justified by an anonymous tip.
b. cannot be justified solely by an anonymous tip.
c. only require probable cause.
d. can be justified by an anonymous tip about deadly weapons only.
Discuss the controversial topic of use of force and the landmark cases guiding officer
behavior.
You are the senior detective in a major metropolitan police department. One of the
junior detectives has come to you to announce that they have had a break in the case
involving an aggravated assault. A young woman has confessed to using a hammer on
her former boyfriend. Even though no hammer was found at the scene and the injuries
may not have been caused by hammer, it appears that the case has been solved. When
you see the suspect led away from the interrogation room in handcuffs, you hear her
talk about the judgment of the elves
coming down on her and say that someone needs to beam her up to the starship. The
other detectives laugh about this, but what, if anything, should you do now?
The Sixth Amendment guarantees the right of an accused to face witnesses in court so
the defendant can confront them. Why does the Sixth Amendment require this? Courts
have also held that a victim’s statement to the police about who had killed him can be
admitted at trial, even if the victim dies of his wounds before trial. If the right to
confront witnesses is so important, why would the courts allow the statement of a
deceased victim to be admitted at trial? Do you agree with allowing such testimony to
be admitted? Why or why not?
Explain the difference between a crime and a tort.
In McDonald, the Supreme Court applied the Second Amendment to the states,
recognizing a person’s right “to keep and bear arms for the purpose of _________.”
Explain the process by which the United States Constitution can be amended. Are there
any flaws to this process, in your view? How would you correct such flaws?
A form of speech that expresses an idea or emotion without the use of words is known
as____________.
This amendment assures Americans will continue to be free to pursue those interests
that government does not demonstrate a compelling reason to restrict.
The Sixth Amendment requires an impartial and __________jury.
You are a police detective and, though you lack probable cause, you are convinced that
Amy Able is the mastermind behind a series of art thefts in the north end of town. You
believe that she plans the thefts, hires local thieves, then sells the artwork overseas. You
know that her usual thief has been arrested on an unrelated charge, so you decide to
arrange a meeting between a confidential informant (CI) with a history of petty theft
and Amy Able. At the meeting, your CI is wearing a “wire” to tape the conversations.
During the meeting, Amy is reluctant to go ahead with more thefts, because she tells
your CI that she is “out of the business” and wants to retire. At this point, your listening
device malfunctions, but your CI later tells you he convinced her by threatening to go to
the police and ruining her reputation as an art dealer. Amy reluctantly agrees to plan the
heist and, several days later, meets with your CI to go over the details. At this point, you
know that she has committed sufficient acts to be guilty of conspiracy to commit theft
under local law and arrest her. You give the DA the transcript of the conversations
recorded by the wire and she says it is a “slam dunk.” What legal issues, if any, are
raised by the facts? What should you do, if anything, as the detective on this case?
Explain the purpose of bail, who is eligible for it, and the criteria considered when
calculating the appropriate amount of bail.
You represent a famous journalist who has been incarcerated for failure to disclose a
confidential source to a prosecutor working on a murder case in your town. The
prosecutor insists she needs all available information to convict a loathsome murderer.
How would you argue to the judge that your client should not be imprisoned?
The First Continental Congress met in 1774 in the city of _____.
The length of an investigative detention should be measured in _________.
A document filed against an inmate who has other criminal charges filed against him or
her is called a ________.
The incorporation doctrine is also known as the doctrine of _________incorporation.
Explain what factors are considered when a defendant waives the right to counsel.