A case brief does not include any dissenting opinions.
a. True
b. False
The legal foundation for the federal government’s regulatory authority over firearms is
provided by
a. the Supremacy Clause.
b. the Fifth Amendment.
c. the Commerce Clause.
d. the 13th Amendment.
Airline employees inspecting luggage are not governed by the Fourth Amendment.
a. True
b. False
Which of the following holds that only the provisions of the Bill of Rights that are
fundamental to the American legal system are applied to the states through the due
process clause of the Fourteenth Amendment?
a. The incorporation doctrine
b. The equal justice clause
c. The selective preemption doctrine
d. The civil liberties proclamation
Which is not a purpose of bail?
a. Maintain the presumption of innocence.
b. Guarantee the appearance of the accused in court.
c. Sanction the offender.
d. Allow the accused to organize their defense.
Gun control opponents claim that gun control:
a. will prevent needless deaths and lower crime.
b. removes the role of local legislative bodies to be involved in the process.
c. will only put guns in the hands of criminals.
d. will force law-abiding citizens to seek alternate means of protection.
Officers must have a particularized and objective basis for suspecting the person
stopped of criminal activity to demonstrate reasonable suspicion for an investigatory
stop under the:
a. totality of the circumstances test
b. articulable probable cause test
c. presumptively reasonable standard
d. objectively reasonable standard.
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.
Enumerated rights are typically examined by the Supreme Court using
a. intermediate scrutiny.
b. rational basis.
c. deliberative response.
d. strict scrutiny.
The Supreme Court held there was no right to a trial by jury when Congress created
other administrative remedies in Curtis v. Loether (1974)
a. True
b. False
Selective incorporation is:
a. incapable of precise constitutional definition.
b. the concept used to apply certain amendments to state government.
c. outlined in the Fourteenth Amendment.
d. the means by which the Constitution applies to the states.
The Supreme Court has never incorporated this segment of the Sixth Amendment to
apply to the states, although it does fall within the due process clause of the Fourteenth
Amendment.
a. Being informed of the accusation.
b. Right to a jury trial.
c. Right to compulsory process.
d. Confrontation rights.
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.
The Supreme Court clarified the definition of interrogation to include any actions or
words on the part of the police that they should know are reasonably likely to elicit an
incriminating response from the suspect in the case of
a. Howes v. Fields
b. Yates v. United States
c. United States v. Muhlenbruch
d. Rhode Island v. Innis
The percentage of parolees in 2011 who were women was
a. 20
b. 31
c. 8
d. 11
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.
Which of the following is not one of the five legitimate uses of force (“Rules of
Engagement”)?
a. effectuate an arrest
b. prevent escape
c. overcome resistance
d. overcome objections
When would a traffic stop require Miranda warnings?
a. An officer is asking for consent to search the vehicle.
b. The officer is going to arrest the driver.
c. Miranda warnings are not required for traffic stops.
d. A records check reveals an expired license.
The vast majority of cases before the Supreme Court come from mandatory review of
all appealed state supreme court cases.
a. True
b. False
Supreme Court decisions that are pro-person accused or convicted of a crime, pro-civil
liberties or civil rights claimants, pro-indigents, pro-Native Americans and anti-
government are considered to be:
a. Liberal decisions
b. Conservative decisions
c. Libertarian decisions
d. Independent decisions
To bring a case or to argue a legal issue in court, one must have an actual interest in the
matter of dispute, which is called:
a. standing
b. ripeness
c. mootness
d. jurisdiction
The first notable case involving the Second Amendment was the 1875 decision in:
a. Presser v. Illinois.
b. United States v. Miller.
c. United States v. Cruikshank.
d. Stevens v. United States.
Which is not one of the reasons the Sixth Amendment requires a speedy trial:
a. uncertainty about the outcome causes undue stress.
b. some defendants remain in jail because they cannot afford or have been denied bail.
c. the government incurs additional expenses.
d. cases generally improve with more time.
The Espionage Act, passed by Congress in 1917:
a. empowered the President to expel “dangerous aliens.”
b. made it illegal to interfere with recruiting or drafting soldiers or any act that
adversely affected military morale.
c. made it illegal to write or speak “with the intent to defame” the government.
d. made it illegal to provide material support to terrorist organizations.
A Terry stop requires:
a. reasonable suspicion.
b. informational probable cause.
c. observational probable cause.
d. corroborating information.
State constitutions serve all of the following purposes except to:
a. impose limitations on the exercise of state government’s power.
b. affirm the existence of certain powers.
c. establish the supremacy of the state constitution over all federal laws and actions.
d. establish the organization of a state’s governing bodies.
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 fundamental provisions of the Bill of Rights have been applied to the states through
the process of:
a. stare decisis
b. judicial activism
c. summary judgment
d. selective incorporation
In Arizona v. Fulminante, the Court ruled that the harmless error doctrine applies to
cases involving admissibility of:
a. spontaneous utterances
b. involuntary confessions
c. evidence that would have inevitably been discovered
d. evidence obtained with an invalid warrant
The Great Compromise
a. gave a proportionate vote to each state in the House.
b. gave each state an equal vote in the Senate.
c. differed from the New Jersey Plan.
d. all of the above.
A jury panel is called a venire.
a. True
b. False
The prohibition against double jeopardy prevents a second trial for the same offense for
any reason.
a. True
b. False
After the Civil War, many southern states continued discrimination by passing
________which forbade blacks to vote, serve on juries, hold certain jobs, move freely,
own firearms, or gather in groups.
Discuss the significance of the Seventh Amendment.
Reasonableness is determined by a specific rule applying to all cases in the
____________.
A student at a local high school insists on wearing a T-Shirt, some say advocates white
supremacy ideologies, in a predominantly African-American school. Using the
preferred freedoms approach, convince the school board to allow the student to wear
the shirt to class.
List the rights guaranteed by the Sixth Amendment.
Decisions that favor the government’s interest in prosecuting and punishing offenders
over recognition or expansion of individual rights tend to be classified as
_________decisions.
When officers arrest someone in a home, they are allowed to make a ____________for
their safety.
The Supreme Court refused to incorporate the Second Amendment into the 14th
amendment in the case of ____________.
You are interviewing the prime suspect in a serious case and know that his attorney is
waiting to see him outside the interrogation room. The suspect has been advised of his
rights, but has not chosen to invoke his right to an attorney. Under current law, you are
not required to inform him that the attorney is present outside. Do you think this is a
violation of the spirit of Miranda? Why or why not?
If the death penalty is twice as likely to be imposed on an African-American defendant
convicted of the same crime as a Caucasian-American, do you think this is grounds to
examine the sentences for discrimination? What, if anything, can be done about such
results?
Describe the authority the Supreme Court has and how it has come by this authority.
Explain the problem of dual sovereignty of the federal and state governments and how
it was resolved.
Describe the influence of the Supreme Court on the justice system.
You are preparing to train new police officers on the use of force. Using the Graham
factors, explain how a Court will look at the reasonableness of force used by a police
officer. Also provide an example to the class of a failure to meet the standard.
The First Amendment provision that prohibits the government from creating a national
church is the _________clause.
The Constitution established a balance of power between the federal government and
the states, as well as between the three branches of government (legislative, judicial,
and executive). Which is more important, the balance between federal and state
authority or the balance between the three branches of government? Explain your
answer.
There are two schools of thought regarding the purpose of the criminal justice system,
one advocating the crime control model and another at the due process model. How do
they differ? Which one do you prefer? Why?
In Texas v. Cobb, the Supreme Court ruled that the Sixth Amendment right to counsel is
_______-specific, applying only to the crime charged.