A person’s reasonable expectation of privacy determines when Fourth Amendment
protections apply.
a. True
b. False
The Constitution gives Congress the power to make laws to carry out its enumerated
powers through the:
a. supremacy clause
b. federal powers doctrine
c. necessary and proper clause
d. due diligence doctrine
Seizures of items from a suspect’s body, such as hair samples, are typically allowed
without a warrant incident to arrest if painless reasonable procedures are used.
a. True
b. False
The United States has been a model of religious tolerance throughout history.
a. True
b. False
Legal positivists suggest people should not create law in conflict with the natural order.
a. True
b. False
The section of the Civil Rights Act prohibits intentional acts of employment
discrimination based on race, color, religion, sex, and national origin is:
a. USC Section 1983
b. Title VII
c. Section 287(g)
d. Title IX
The Seventh Amendment dates back to colonial times when England expected the
citizenry to feed and shelter British soldiers.
a. True
b. False
Many states apply a higher fighting words standard to law enforcement officers because
they are expected to exercise a higher degree of restraint than the average citizen.
a. True
b. False
Since the ratification of the Bill of Rights more than 7,000 amendments have been
proposed in Congress. Of those, the number that have been successfully ratified is:
a. 53
b. 115
c. 700
d. 17
Police may make a warrantless arrest based on probable cause in all of the following
circumstances, except:
a. felony committed in their presence.
b. an unwitnessed felony.
c. most misdemeanors occurring outside their presence.
d. any crime in their presence.
Lying by the police to obtain a confession is a violation of the Fifth Amendment.
a. True
b. False
The Constitution ensures individual liberty by:
a. limiting government power.
b. giving the government enough power to protect the innocent.
c. giving individuals the freedom to decide.
d. restricting the authority of state governments to enforce the law.
In Brewer v. Williams, the Christian Burial Speech case (involving the search for the
body of a missing girl), the Supreme Court determined there was:
a. an inevitable articulation exception to the Sixth Amendment.
b. a deliberate elicitation of an incriminating statement.
c. the functional equivalent of interrogation.
d. intimidation resulting in an involuntary statement.
The Supreme Court held that the right to keep and bear arms is fundamental to our
scheme of ordered liberty and that it was clear that the framers of the Fourteenth
Amendment deemed such a right as fundamental in:
a. McDonald v. Chicago
b. District of Columbia v. Heller
c. Presser v. Illinois
d. Stevens v. United States
Jury nullification is when a jury acquits a defendant even though the jurors believe that
the person is guilty.
a. True
b. False
Asset forfeiture may constitute double jeopardy.
a. True
b. False
The Second Continental Congress resulted in the first written agreement among the
colonies to stand together in resistance against Britain.
a. True
b. False
In United States v. Banks, the Court held that officers must wait a reasonable amount of
time after knocking and before forcible entry and that, in this case, a ________ wait
satisfied the Fourth Amendment.
a. 1 to 2 minute
b. 30 seconds to 1 minute
c. 15 to 20 second
d. 5 to 10 second
The Fourth Amendment analysis of when a search comes under Constitutional scrutiny
has employed the trespass and privacy doctrines.
a. True
b. False
The concept of balanced government being so important to the states, the only
amendment agreed upon by all the states recommending a Bill of Rights was the:
a. Third Amendment
b. Seventh Amendment
c. Ninth Amendment
d. Tenth Amendment
Stands for the proposition that rights not specifically referred to within the Constitution
are no less protected.
a. Eighth Amendment
b. 10th amendment
c. Ninth Amendment
d. 11th amendment
The Magna Carta established the supremacy of the law over the ruler and
a. established a court system in the American colonies.
b. took the place of the Articles of Confederation.
c. reestablished the monarchy in Canada.
d. guaranteed English feudal barons individual rights and due process.
In _______, a federal circuit court ruled in Stevens v. United States that there was no
express Constitutional right of an individual to keep and bear arms.
a. 1801
b. 1871
c. 1921
d. 1971
American law is:
a. entirely original, having no roots in any previous legal system.
b. designed to resist changes.
c. influenced by the laws of the societies that helped found America.
d. based solely on the Napoleonic Code.
Determining if a case has been overturned or expanded on is done by:
a. reading the dicta of the original case.
b. visiting the courthouse of the original case.
c. contacting the attorneys of record.
d. using the most recent copy of Shepard’s citations.
Limited searches conducted in accordance with constitutional guidelines serve society’s
needs while:
a. protecting the individual.
b. preserving the admissibility of any discovered evidence.
c. preventing improper conduct by overzealous law enforcement agents.
d. serving to protect against a successful appeal of a conviction.
Conduct prohibited by law simply because the person engaging in the behavior is a
minor is considered a/an:
a. Delinquent act
b. Status offense
c. Infraction
d. Youthful offense
The United States Supreme Court is the law of the land, no judicial or political body
can overrule its decisions, and even the Supreme Court cannot overrule itself.
a. True
b. False
Statutory law can also be referred to as:
a. case law
b. codified law
c. common law
d. canonized law
In ExparteMcCardle (1868), Congress reserved the right to:
a. overrule Supreme Court decisions with a two-thirds vote of the Senate.
b. limit the jurisdiction of federal courts, including the Supreme Court.
c. limit the jurisdiction of federal courts, but not the Supreme Court.
d. override the Constitution by promulgating unconstitutional law.
The individual rights interpretation of the right to bear arms is supported by the
a. NRA.
b. the Commerce Clause.
c. United States v. Miller.
d. the preamble to the Second Amendment.
Potential jurors are questioned by both sides to determine impartiality in a process
called:
a. peremptory challenging
b. jury nullification
c. voir dire
d. habeus juris
Officers may use deadly force to terminate a dangerous, high-speed vehicle pursuit.
a. True
b. False
In United States v. Emerson (1999), U.S. District Judge Sam R. Cummings:
a. placed a temporary moratorium on the purchase of small-caliber firearms pending
results of a study by the Center to Prevent Handgun Violence.
b. upheld a lower court’s ruling that a convicted felon should not be allowed to possess
firearms.
c. handed down a landmark decision that permits specially trained and licensed
individuals to carry concealed weapons.
d. went against all federal court precedent and restored a domestic abuser’s firearms,
citing the Second Amendment as guaranteeing the individual’s right to keep and bear
arms.
Which is not one of the factors a court would use in determining witness reliability in
show-up identifications?
a. Opportunity to view defendant during crime.
b. Level of attention witness was paying.
c. Level of intelligence the witness demonstrates.
d. The witness’ level of certainty in his or her identification.
Of the Third, Seventh, Ninth, and Tenth Amendments to the Constitution, which do you
feel is the most important? Why?
Items felt during a lawful stop and frisk may be retrieved if the officer reasonably
believes the items are ___________and can instantly recognize them as such.
Assume that police suspect Anne Smith of murder and they had DNA evidence at the
crime scene that likely belongs to the killer. Law enforcement does not have adequate
probable cause to obtain a search warrant to acquire Ms. Smith to produce a DNA
sample, but they do know that her brother does not like his sister and would gladly
provide a familial DNA sample if asked. DNA samples of people who are related are
likely to contain similarities. If the police obtain a DNA sample from her brother even
though they have insufficient evidence to implicate Ms. Smith, explain why this
procedure might concern civil rights advocates.
A ________is a limited pat down search for weapons for the protection of the
government agent and others.
During the colonial period, the ________was considered to be the entire male populace
of a state.
Discuss what might constitute exigent circumstances. Give specific examples.
Discuss some states’ reluctance to accept the Constitution and how it was remedied.
The Amendment concerns the right to privacy and security and forbids the government
or its agents from searching individuals, their homes or their personal possessions or
from seizing them unless the government has “probable cause” to believe that a crime
has been committed.
Early English judge-made law, based on customs and traditions that will follow
throughout the country, is known as ____________.
Public defenders are employed by the government to ensure everyone’s Sixth
Amendment right to counsel is met, particularly those who cannot afford their own
lawyer. You have just graduated from law school and are a brand- new public defender.
Your first client is charged with armed robbery and, during your first meeting with her,
she says, “I thought I was entitled to the best attorney available?” Explain to client what
she is entitled to in terms of effective assistance in her criminal trial.
Discuss in detail the similarities and differences between the consensus theory and
conflict theory.
List the elements of an arrest.
______________must be established before a lawful search or arrest can be made, but
not before a stop and frisk.
The Sixth Amendment provides the accused with an attorney not only during trial but
also at every _____________of the criminal prosecution.
_____refers to a society in which distinct ethnic, religious, or cultural groups coexist.
Explain the justifications for the automobile exception to the requirement for a warrant.