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The Magna Carta was created:
a. to ensure that states maintained power apart from the national government.
b. to outline colonists' complaints against the British crown.
c. in England to guarantee that the king could not put himself above the law.
d. by British Parliament in protest of the U.S. Declaration of Independence.
Identification procedures are not critical stages of criminal proceedings if they are
______, so there is no Sixth Amendment right to an attorney.
a. post arraignment
b. accomplished in the presence of a judge
c. preindictment
d. done at a police station
A portion of the Omnibus Crime Control and Safe Streets Act of 1967 made possession
of a firearm by convicted felons unlawful.
a. True
b. False
All of the following are true of the exclusionary rule, except:
a. is used to discourage the police from violating a person's constitutional rights.
b. is judge-made law.
c. excludes illegally obtained evidence from trial.
d. it provides for criminal sanctions against the officer.
How many justices sit on the Supreme Court?
a. five
b. seven
c. eight
d. nine
In Illinois v. Wardlow, the Supreme Court ruled that unexplained flight from the police:
a. is a constitutional right.
b. does not, by itself, create reasonable suspicion
c. in itself establishes reasonable suspicion.
d. indicates, without exception, wrongdoing and establishes probable cause.
"Open fields" is a federal concept only; some states hold that "No Trespassing" signs
establish a right of privacy requiring a warrant.
a. True
b. False
The powers of the national government, both enumerated and implied, are known as
the:
a. delegated powers
b. reserve powers
c. primary powers
d. federalist powers
For an investigatory stop to be constitutional, the officer must have articulable probable
cause.
a. True
b. False
Which of the following is not part of the threepart test in determining "imminent
lawless action"?
a. The speaker subjectively intended incitement.
b. In context, the words used were likely to produce imminent, lawless action
c. the words used by the speaker objectively encouraged and urged incitement.
d. the words used by the speaker caused excitement.
The two prominent theories about the underlying purpose of law are consensus theory
and
a. social contract.
b. conflict theory.
c. positivism.
d. crime control.
If a warrant states that one specific item is sought, the search may still continue after it
is found.
a. True
b. False
Hamilton v. Regents of the University of California (1934), involving compulsory
military training, was one of the earliest cases regarding:
a. freedom of the press.
b. freedom of religion.
c. freedom of speech.
d. freedom to assemble.
The standard of proof required in a civil case is:
a. more stringent than that required in a criminal case.
b. the same as that required in a criminal case.
c. a preponderance of the evidence.
d. proof beyond a reasonable doubt.
Under asset forfeiture, the most frequently seized assets are:
a. firearms
b. real estate
c. vehicles
d. electronics
Laws are enforced through punishment.
a. True
b. False
Unlike Miranda, the _________case applies whether the suspect is in or out of custody.
a. Gideon
b. Merryman
c. Rutledge
d. Massiah
"Where the facts and circumstances within the officers' knowledge and of which they
had reasonably trustworthy information is sufficient to warrant a person of reasonable
caution in the belief that an offense has been or is being committed" is the Supreme
Court's definition of:
a. reasonable suspicion
b. probable cause
c. a preponderance of the evidence
d. beyond a reasonable doubt
The "clear and present danger test"
a. is used to test when speech should not be protected by the First Amendment.
b. has been replaced by the "imminent lawless action" test.
c. involves Constitutional cases involving foreign countries.
d. demands obedience to the government.
Some states allow officers to arrest for a misdemeanor not committed in their presence
in the case of:
a. domestic assault.
b. reckless driving.
c. drug possession.
d. illegal immigrants.
A study by Police One magazine found that the most commonly used less-than-lethal
weapon is:
a. a baton.
b. OC spray.
c. the Taser
d. the bean bag round.
Reasonable, articulable suspicion is the key determinant of whether a judge will grant
officers a warrant to search or arrest.
a. True
b. False
Full due process rights are afforded to inmates in prison disciplinary proceedings.
a. True
b. False
The Necessary and Proper Clause is located in______of the United States Constitution.
a. Article 1
b. Article 3
c. Article 6
d. Article 8
The Second Amendment was drafted in a time when fear of tyranny from a strong
central government was very strong.
a. True
b. False
Those who are not party to a legal action but who still have an interest in the case may:
a. subpoena the judge to have their testimony heard.
b. file a writ of certiorari with the court and enter themselves as a "hostile" witness.
c. submit an amicus brief arguing their perspective, although such briefs are considered
only at the pleasure of the court.
d. not do anything--only those who are directly party to the legal action may address the
court.
In which case did the plaintiffs claim that they were being denied their right to equal
protection of the law and that the laws of "separate but equal" were, in fact, not equal?
a. Marbury v. Madison
b. Dred Scott v. Sanford
c. Regents of the University of California v. Bakke
d. Brown v. Board of Education of Topeka
Of the following, the one that permits the U. S. Supreme Court to become the ultimate
decision maker in whether laws and actions of government circumvent the Constitution
and invalidate them if they do so, is/are the:
a. Bill of Rights
b. Articles of Confederation
c. Supremacy Clause
d. Quartering Act
Reverse discrimination consists of giving preferential treatment in hiring and promoting
women and minorities to the detriment of white males.
a. True
b. False
Martinv.Hunter"sLesseeheld that the Supreme Court could:
a. reverse state court decisions that involved federal legal issues.
b. declare acts of Congress unconstitutional.
c. be the final arbiter in disputes between states.
d. have original jurisdiction in cases involving Constitutional issues.
The Massachusetts Body of Liberties (1641) provided a right to bail and prohibited
cruel and inhumane punishment.
a. True
b. False
In ____________, the Supreme Court upheld the Fair Labor Standards Act of 1938.
a. United States v. Darby
b. Bowers v. Hardwick
c. Olmstead v. United States
d. McCulloch v. Maryland
The case which authorized the Court to maintain a position of the ultimate de facto
lawmaker by deciding what legislation is and is not constitutional is:
a. Martin vs. Hunter's Lessees
b. Ex parte McCardle
c. Plessy v. Ferguson
d. Marbury v. Madison
The current Chief Justice is:
a. Sandra Day O"Connor.
b. William Rehnquist
c. Clarence Thomas
d. John G. Roberts, Jr.
A private store detective can search a shopper without first obtaining a warrant.
a. True
b. False
Balancing society's need for law and order and for effective law enforcement against
the _____________of individuals is known as the balancing test.
You live in a state that allows anyone with a permit to carry a handgun concealed or out
in the open. Some students object to the fact that your campus does not permit students
to carry firearms into classes or keep them in dormitories. The policy was enacted 10
years ago after a tragic shooting on the campus. There have been no incidents since
then. You are the Provost of the school and had just received a written request from a
small student organization asking that the current firearms policy be suspended as an
unfair infringement on Second Amendment rights. You are reluctant to do so. How
would you respond to student request and the college community at large?
Powers retained by the states are known as _________powers.
All questions are allowed, and politics become readily apparent, during a Supreme
Court nominee's ________ process.
Common law has held that anyone witnessing certain crimes may make a(n)
___________and then turn that individual over to authorities.
The percentage of _____who have been executed far exceeds their proportion of the
general population.
____________________is not a mathematical formula, but looks at the facts available
to a police officer to assess whether the sum total would lead a reasonable person to
believe what the police officer concluded.
Powers of the federal government are known as _______powers.
You have just found out that in your home state it is easy to buy guns from unlicensed
sellers at gun shows who collect no tax, conduct no background checks, and do not
require the buyers to even show a driver's license. The state is drafting legislation to
require background checks at all gun shows. Assume that you have been tasked to
investigate the issue for your school paper before it comes out with an opinion on the
proposed law. What facts would you research to help your editor prepare the opinion?
The ______________doctrine allows officers who feel something that they
immediately identify as contraband, it can be lawfully seized based on probable cause.
Should prisoners have the same rights under the First Amendment as law abiding
citizens? Why or why not?
Discuss how protestors are protected and restricted by the First Amendment.
The basic purpose of the United States legal system is to ensure fairness in balancing
individual and societal needs while the same time preventing excessive government
power. Some people think it's become too complicated balancing these interests and
justice has been compromised. What do you think? Please explain your view on this
giving at least two examples that support your view.
Individuals may appear in court without an attorney, representing themselves, the Latin
term for which is _________.
Estelle v. Gamble held that ________________to prisoners' serious medical needs
constituted unnecessary and wanton infliction of pain.
Consent to search can only be given by the person who has the right to object to the
unreasonableness of the search, because this person has legal _____________.
The __________guarantees that states shall not deny any person due process nor equal
protection of the laws.
Why is Snyder v. Phelps (2012) an important First Amendment case?
The government is prohibited from unfairly or arbitrarily denying a citizen fundamental
or constitutionally protected rights under _____________.
Explain the primary purpose of the Constitution and how it is achieved.
