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Constitutional Law
Q:
Whether there is a right to a federal jury trial is based largely on:
a. previous cases heard and common law analysis.
b. the geographical jurisdiction of the offense.
c. whether or not the issue is of local or national importance.
d. whether or not federal civil remedies are sought.
Q:
In Colgrove v. Battin, the Supreme Court upheld juries comprised of ________members in federal civil trials.
a. 6
b. 8
c. 10
d. 12
Q:
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
Q:
The first state to pass a victims' rights constitutional amendment was:
a. Texas.
b. Florida.
c. Massachusetts.
d. California.
Q:
Griswold v. Connecticut is considered the first case in which the Supreme Court addressed the Ninth Amendment, and dealt with the legality of :a. pornographyb. abortionc. interracial marriaged. contraception
Q:
Women were given the right to vote by the:
a. Fifteenth Amendment
b. Seventeenth Amendment
c. Nineteenth Amendment
d. Twentieth Amendment
Q:
The Supreme Court held that Congress had the authority to establish a national bank in:
a. United States v. Darby
b. Bowers v. Hardwick
c. Olmstead v. United States
d. McCulloch v. Maryland
Q:
The ________Amendment gave the vote to black males.
a. Fifteenth
b. Nineteenth
c. Twenty-First
d. Twenty-Third
Q:
The __________Amendment lowered the voting age to 18.
a. Twenty-Sixth (1971)
b. Nineteenth (1920)
c. Twenty-Seventh (1992)
d. Twenty-Second (1951)
Q:
The federal income tax was established in the:
a. Fifteenth Amendment
b. Sixteenth Amendment
c. Seventeenth Amendment
d. Eighteenth Amendment
Q:
The United States Supreme Court struck down the portion of the Brady Bill which compelled local law enforcement to perform background checks on handgun applicants, holding the requirement violated:
a. the right to privacy.
b. separate state sovereignty
c. the commerce clause.
d. the Fourth Amendment.
Q:
Some argue that the judges are reluctant to use this amendment because it's language is vague, never defining what specific rights are protected.
a. Ninth Amendment
b. 11th Amendment
c. 10th Amendment
d. 13th Amendment
Q:
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
Q:
The ________was designed in response to fear of a national government with too much power which was, at the time, considered to be the greatest threat to liberty.
a. Eleventh Amendment
b. Fourteenth Amendment
c. Tenth Amendment
d. Twelfth Amendment
Q:
The Fourteenth Amendment:
a. guarantees equal protection of the laws.
b. abolished slavery.
c. allows free travel throughout the nation.
d. granted the right to vote to freed male slaves.
Q:
The Thirteenth Amendment:
a. overturned the Dred Scott decision and prohibits slavery.
b. outlines the structure of the federal judiciary.
c. established how representatives are apportioned and what their qualifications are..
d. prohibited the sale and purchase of intoxicating liquors.
Q:
The ______Amendment has never been subjected to Supreme Court review.
a. Third
b. Seventh
c. Ninth
d. Tenth
Q:
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.
Q:
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
Q:
Stands for the proposition that rights not specifically referred to within the Constitution are no less protected. a. Eighth Amendmentb. 10th amendmentc. Ninth Amendmentd. 11th amendment
Q:
The powers kept by the states under the Tenth Amendment are known as:
a. delegated powers
b. reserve powers
c. primary powers
d. secondary powers
Q:
In Griswold v. Connecticut, Justice Douglas stated that the various Bill of Rights guarantees--such as those contained in the Third, Fourth, and Fifth Amendments--created areas of life safe from government intrusion known as:
a. emanating liberties
b. specific rights
c. zones of privacy
d. havens of liberty
Q:
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
Q:
The _________Amendment has been used by the Supreme Court to infer the right to privacy.
a. Third
b. Seventh
c. Ninth
d. Tenth
Q:
Who opposed an enumerated Bill of Rights?
a. George Washington
b. James Madison
c. Nathan Hale.
d. Thomas Jefferson.
Q:
The Ninth Amendment deals with the concept(s) of:
a. due process.
b. suits at common law.
c. enumeration of certain rights.
d. federalism.
Q:
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
Q:
The Third Amendment:
a. addresses suits at common law.
b. deals with lawsuits exceeding $20.
c. prohibits the quartering of soldiers in homes during times of peace.
d. has been challenged numerous times throughout the history of America.
Q:
Posting bail money allows an individual to be released before trial if they promise to return or forfeit the amount of money of the bail bond. Posting bail allows individuals to prepare a defense and to continue earning income if they are employed. Excessive bail is prohibited by the Constitution, though people who cannot afford bail must stay in jail. Additionally, bail bondsmen are in the business of lending money to those who cannot afford to post bail for profit. If a person fails to show up at a hearing and the bail bondsman must pay the amount of the bond. Some jurisdictions allow bounty hunters, who do not operate under Fourth Amendment and other legal constraints, to pursue and detain individuals who have fled in violation of their bond. Does the system discriminate against the poor? How could it be changed to be a better system?
Q:
In civil lawsuits, punitive damages are designed to punish a wrongdoer and act as a warning to others not to engage in similar conduct. For example, an individual might suffer $10,000 in compensatory damages because of lost wages or medical expenses, but the jury could award $1 million to punish the defendant over and above compensatory damages. The Eighth Amendment prohibits punishment by excessive fines in criminal cases, but not in civil cases involving punitive damages. Therefore, the $1 million judgment in the civil suit would, if imposed as a fine by a judge or jury in a criminal court, likely violate the Eighth Amendment. Do you think this distinction is a relevant one? Why should punishment by the government be considered different than punishment by an individual?
Q:
In 1994 80% of the US public supported capital punishment. In 2013, 63% of Americans were in favor of the death penalty. A survey of police officers found that 94% favored the death penalty, with 96% of the police giving as the primary reason that it removed a dangerous person from the population. Another reason given was that capital punishment serves as a powerful deterrent to murder. In 2010, 88% of the country's top academic criminological societies rejected the notion that the death penalty acts as a deterrent to murder. Do these statistics strongly support the argument that capital punishment is inappropriate one in the United States today? Can you suggest an alternate explanation for these statistics?
Q:
The Supreme Court has banned execution of the insane. However, the Supreme Court allowed Arkansas officials to force a convicted murderer to take drugs to make him sane enough to be executed in Singleton v. Norris (2003). The Supreme Court also held that an inmate who becomes mentally ill while in prison could not be executed in Ford v. Wainwright (1986). Using the Eighth Amendment's "cruel and unusual" standard, how can you reconcile the decisions in the Arkansas case and the Ford v. Wainwright case? In one situation, an insane person can be medicated and then put to death, while another person who becomes insane cannot. Beyond the Eighth Amendment, do you think there are any ethical issues raised by the Arkansas case?
Q:
Most states will not consider the death sentence for anyone younger than a. 15 years of age.b. 16 years of age. c. 17 years of age. d. 18 years of age.
Q:
Electronic monitoring that ensures a probationer does not leave home except to go to work is known as a. home prison.b. parole.c. restitution in person.d. an intermediate sanction.
Q:
The percentage of parolees in 2011 who were women was a. 20b. 31 c. 8 d. 11
Q:
In a 2006 lawsuit, McAdams v. Bush, plaintiffs sought to overturn a section of Florida's voting law. The section in question, passed 142 years ago, bans voting by people with felony convictions. Under this law, more than six hundred thousand people are barred from voting, and one in ten African Americans is barred from voting. McAdams argues that the law violates the Voting Rights Act and the Constitution. After winning his case at trial, but losing in the state supreme court, McAdams asked the U.S. Supreme Court to decide the case and ultimately to rule that the law violates the 1965 Voting Rights Act as well as the equal protection clause of the Fourteenth Amendment. Given that other states have restored voting rights to former convicts, how would you decide this case? Be sure to make clear references to existing precedent to justify your decision.
Q:
The Supreme Court stated that a school child has little need for protection of the Eighth Amendment in a. Arave v. Creechb. Miller v. Alabamac. Ingraham v. Wrightd. Rhodes v. Chapman
Q:
Describe how the Court's jurisprudence in voting rights cases has changed over time. Rather than simply provide a chronological explanation of these cases, be sure to provide an analysis of the major cases in this area and how they fit with one another (for example, was a past case overruled or upheld, and why?). Then explain the Court's current stance in this area of the law, including an analysis of how Bush v. Gore fits with existing voting rights precedents. Finally, based on the makeup of the Court today, how do you see the Court deciding voting rights cases in the near future and why?
Q:
Invoking the Eighth Amendment, the Supreme Court found a 90 day sentence for being addicted to the use of narcotics excessive in
a. Robinson v. California
b. Coker v. Georgia
c. Anderson v. Alabama
d. Pulley v. Harris
Q:
How did the dissenters respond to the majority argument in Shelby County?
Q:
Under the Eighth Amendment punishments must be proportional or________to the crime committed.
Q:
The amount seized through asset forfeiture must bear some relation to the__________of the illegal enterprise.
Q:
What rationale did Chief Justice Roberts use to justify striking down Sections 4 and 5 of the Voting Rights Act in Shelby County?
Q:
How have political strategists attempted to thwart campaign finance laws since the Federal Election Campaign Act was passed in 1971?
Q:
Property connected with illegal activity may be forfeited when used as a________to transport illicit drugs.
Q:
Cases that question the amounts awarded at trial have primarily dealt with ____________damages.
Q:
Describe at least three provisions of the Voting Rights Act of 1965 that increased protection against racial discrimination at the voting booth.
Q:
What are majority-minority districts? How did the majority of the Court rule on the constitutionality of designing such districts in Shaw v. Reno and Miller v. Johnson?
Q:
Reimbursement to the plaintiff for actual harm done, such as medical expenses or lost business, is known as _________________.
Q:
In Reynolds v. Sims, what did the majority of the Court say about Alabama's plan to follow the federal model for its bicameral state legislature? What justification did the Court give for its decision?
Q:
In his majority opinion in Baker v. Carr what justification did Justice Brennan give for hearing the case despite the Court's previous ruling in Colegrove v. Green?
Q:
The process by which a bail bond provider post a bond for upward of 10% of the bail amount with the court, to be paid if the defendant fails to appear, is called commercial bail.
a. True
b. False
Q:
Following the Civil War, "the power to set voting rights policy began a steady shift." What was the nature of this shift? What are two constitutional amendments that symbolize this shift?
Q:
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
Q:
In Bush v. Gore, why did the dissenters argue that the Supreme Court should not have heard the case?
Q:
The Bail Reform Act of 1984 eliminated a presumption in favor of pretrial release through the bail process. a. Trueb. False
Q:
The Judiciary Act of 1789 provided for bail in noncapital crimes. a. Trueb. False
Q:
In Bush v. Gore, what justification did the majority opinion give for overruling the Florida Supreme Court and halting the recount?
Q:
In Shelby County the Court ruled that _______.A. The Voting Rights Act is fully constitutional and should stay in effectB. Sections 4 and 5 of the Voting Rights Act are unconstitutionalC. The case involved a political question and so dismissed it
Q:
The Constitution guarantees the right to bail, as well as prohibits excessive bail. a. Trueb. False
Q:
Explain the purpose of bail, who is eligible for it, and the criteria considered when calculating the appropriate amount of bail.
Q:
Buckley v. Valeo set the general standard that _______.A. The government may limit campaign contributions but not spendingB. The government may limit campaign spending but not contributionsC. The government may regulate both campaign spending and contributions
Q:
Explain asset forfeiture. Why is it considered in a discussion of the Eighth Amendment?
Q:
Which of the following statements best describes the election of African American representatives to the U.S. House of Representatives in the past twenty years?A. The number of African American representatives in Congress has increased every year since 1985.B. The number of African American representatives in Congress increased steadily from 1985 through 1993, but leveled off in the mid-1990s.C. The number of African American representatives in Congress increased steadily from 1985 through 1995, but decreased dramatically after 1997.D. The number of African American black representatives in Congress has remained relatively stable since 1985.
Q:
What standard has the Supreme Court applied to legislative redistricting based on race?A. Strict scrutinyB. Heightened scrutinyC. Rational basis testD. Totality -of -circumstances
Q:
Describe the rights protected by the Eighth Amendment and which, if any, have been incorporated to apply to the states.
Q:
Discuss capital punishment in the United Statesits history, how the Supreme Court has viewed it, and how and on whom it may be carried out.
Q:
Discuss the Eighth Amendment rights often claimed by prisoners, citing examples.
Q:
Which of the following statements is true?A. InKarcher v. Daggett, the Court upheld congressional redistricting where the population difference between the largest and smallest districts was 0.6984 percent.B. The Court has allowed states much greater latitude in devising reapportionment plans for state legislatures than for federal congressional districts.C. The Court has created a specified mathematical standard for equality in federal congressional redistricting that must be followed in all reapportionment decisions.D. All of the above.
Q:
Which of the following statements best describes the Court's decision in its first major apportionment case, Colegrove v. Green?A. Large apportionment discrepancies in legislative districts violates the Fourteenth Amendment's Equal Protection Clause.B. Large apportionment discrepancies in legislative districts violates the Constitution's republican form of government guarantee.C. Racially motivated redistricting violates the Fifteenth Amendment.D. The authority to draw district boundaries is a "political question," and thus should not be decided in federal courts.
Q:
According to the Eighth Amendment, bail shall not be __________.
Q:
What political body is in charge of apportionment (the devising of legislative districts)?A. The U.S. Supreme CourtB. State supreme courtsC. State legislaturesD. The U.S. House of Representatives
Q:
The percentage of _____who have been executed far exceeds their proportion of the general population.
Q:
Taxes on the privilege to vote in state and local elections were invalidated by _______.A. The Voting Rights Act of 1965B. The Fifteenth AmendmentC. The Twenty-fourth AmendmentD. The Court's decision in Harper v. Virginia State Board of Elections
Q:
A _________trial is required for death penalty cases.
Q:
According to the Eighth Amendment, punishment shall not be ___________.
Q:
In what case did the Supreme Court uphold the Voting Rights Act of 1965? _______A. Louisiana v. United StatesB. Harper v. Viriginia State Board of ElectionsC. Alabama v. United StatesD. South Carolina v. Katzenbach
Q:
Which of the following statements about the Voting Rights Act of 1965 is not true?A. A two-thirds majority in Congress overrode Lyndon Johnson's veto to pass the Act.B. The Act prohibited literacy tests.C. The Act applied more stringent standards to states that had a recent history of voter discrimination.D. A state could be removed from coverage by convincing the District Court for the District of Columbia that no discrimination had been practiced for five years.
Q:
A capital case in which the death penalty might be involved requires two proceedings, one to determine guilt, and one to determine _____________.
Q:
The Supreme Court has held that forfeiture is not double jeopardy because it is a ___________action.