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Constitutional Law
Q:
Why was there a larger debate about the third provision of the Virginia Plan than about the first two provisions?
Q:
Reasonable, articulable suspicion is the key determinant of whether a judge will grant officers a warrant to search or arrest.
a. True
b. False
Q:
Summarize Justice Sutherland's argument in U.S. v. Curtiss-Wright Export Corp. (1936) in support of Congress's delegation of power to the president.
Q:
Probable cause can be established after a search or arrest is made.
a. True
b. False
Q:
The Court seemed to reverse itself in the two years between Watkins v. United States (1957) and Barenblatt v. United States (1959). What might explain the Court's change of opinion in such a short period of time?
Q:
Any intrusion on a person's freedom, including stopandfrisk situations, involves Fourth Amendment protections.
a. True
b. False
Q:
Discuss the Court's opinion in McGrain v. Daugherty (1927). How did it alter Congress's power to investigate scandals like Teapot Dome?
Q:
The Miranda warning must be given during any stop.
a. True
b. False
Q:
Evidence that has been seized illegally by an independently-acting private person and turned over to the police is inadmissible in court as fruit of the poisonous tree.
a. True
b. False
Q:
In his opinion in McCulloch v. Maryland (1819), what three factors does Chief Justice Marshall use to evaluate whether a law is constitutional?
Q:
Furtive conduct may not be considered part of the totality of circumstances when establishing probable cause.
a. True
b. False
Q:
One consideration in determining whether a search or seizure is reasonable is whether a person's reasonable expectation of privacy has been violated by the government.a. Trueb. False
Q:
Discuss how the Court dealt with the Speech or Debate Clause in two cases decided after Gravel. Explain whether the Court expanded or contracted the freedom this clause gives to members of Congress in each case.
Q:
In Gravel v. United States (1972; dispute over Senator. Mike Gravel's making public the contents of the Pentagon Papers), the Court ruled on the coverage of the Speech or Debate Clause. Based on the Court's ruling, did the Speech or Debate Clause protect (a) Senator Gravel? (b) Senator Gravel's legislative aide? (c) the publisher of the press that printed the papers given him by Gravel?
Q:
In U.S. Term Limits v. Thornton (1995) the Court struck down the term -limits law enacted by the state of Arkansas. Four justices dissented in an opinion written by Clarence Thomas. Summarize Thomas's opinion in support of the constitutionality of the Arkansas law.
Q:
Probable cause to arrest means officers reasonably believe that a crime has been committed by the person whom they seek to arrest.
a. True
b. False
Q:
The old Latin maxim, Delegata potestas non potest delegari, means _______.A. Delectable laws are the best lawsB. A power once delegated cannot be redelegatedC. The president can never act until Congress gives him the authority to do soD. The president has the sole authority to declare war
Q:
The Constitution provides:
a. an absolute right to be free from government intrusion.
b. a right to be free from government intrusion unless a warrant has been issued.
c. a right to be free from unreasonable government intrusion.
d. a right against any form of intrusion by public or private parties.
Q:
After INS v. Chadha, _______.A. Congress stopped employing the legislative vetoB. Congress continued to use the legislative vetoC. Presidents stopped vetoing legislationD. Presidents asked to have the legislative veto reinstated
Q:
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
Q:
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.
Q:
In Mistretta v. U.S. (the Sentencing commission case) the Court ruled that _______.A. Congress cannot delegate powers to an independent commissionB. Congress can delegate powers to an independent commissionC. The U.S. Sentencing commission is constitutionalD. The U.S. Sentencing Commission is unconstitutionalE. Both B and CF. Both A and DG. None of the above
Q:
In Gravel the Court decided that _______.A. The Speech and Debate Clause protects members of Congress and aidesB. The Speech and Debate Clause does not protect activities not related to the legislative processC. Both A and BD. Neither A nor B
Q:
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
Q:
In Segura v. United States (1984), although evidence discovered during an illegal entry into an apartment was excluded, evidence later found in the apartment with a warrant obtained with information totally unconnected with the illegal entry was admissible under the:
a. valid, independent source doctrine
b. confidential source doctrine
c. harmless error doctrine
d. reliable informant exception
Q:
The most prevalent focus in Article I, Section 8, of the Constitution is on _______.A. Foreign policyB. Internal matters of CongressC. Economic issuesD. The military
Q:
In United States v. Curtiss-Wright Export Corp. the Court decided that _______.A. Congress has the authority to delegate powers to the executiveB. Congress does not have the authority to delegate powers to the executiveC. The executive has the power to delegate authority to the legislatureD. The executive does not have the power to delegate authority to the legislature
Q:
Deterring government misconduct is the primary purpose of the:
a. good faith exception
b. exclusionary rule
c. Supreme Court
d. citizen review board
Q:
Federal lawsuits against police are filed under Title 42 of U.S. Code, Section 1983Civil Action for Deprivation of __________.a. Equal Protectionb. Due Processc. Civil Rightsd. Human Rights
Q:
The House Un-American Activities Committee mainly dealt with investigating _______.A. citizens who belonged to the Green PartyB. citizens who belonged to the Dixiecrat PartyC. citizens who belonged to the Communist PartyD. citizens who belonged to the Nazi Party
Q:
Which of the following would not prove exigent circumstances to justify entry by police without first announcing their presence and purpose?
a. A crime is in progress.
b. Illegal gambling is occurring at night.
c. Evidence would be destroyed
d. Making the officer's presence known would endanger them.
Q:
McGrain v. Daugherty stemmed from which scandal?A. Teapot DomeB. WhitewaterC. WatergateD. Iran-Contra
Q:
The totality of the circumstances test made establishment of probable cause by use of _________easier for police.
a. warrantless investigative stops
b. informants
c. victim reports
d. articulable reasonable suspicion
Q:
The exception to the exclusionary rule that deems evidence admissible even if seized in violation of the Fourth
Amendment when it can be shown that the evidence would have been discovered through lawful means is:
a. harmless error doctrine
b. good faith exception
c. inevitable discovery doctrine
d. valid, independent source doctrine
Q:
In McCulloch v. Maryland, the Court argued that _______.A. a state may tax a federal bankB. the federal government may tax a state bankC. a state may not tax a federal bankD. the federal government may not tax a state bank
Q:
The power of the legislature to investigate and hold hearings is an _______ power.A. impliedB. inherentC. amendment-enforcingD. enumerated
Q:
The ________doctrine states that evidence obtained as a result of an earlier illegality must be excluded from trial.
a. prior taint
b. attenuation of the taint
c. fruit of the tainted seizure
d. fruit of the poisonous tree
Q:
The exclusionary rule:
a. is a constitutional right under the Fourth Amendment
b. is a Congressionally created remedy
c. was promulgated by the Senate.
d. safeguards rights through its deterrent effect.
Q:
Which of the following is an inherent power held by Congress?A. The power to create a national bank.B. The power to conduct foreign policy.C. The power to coin money.D. The power to enact tariffs.E. The power to raise armies.F. The power of judicial review.
Q:
"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
Q:
John Marshall's decision in McCulloch v. Maryland (1819; national bank case) with respect to the powers of Congress is more closely related to the position articulated by which the following?A. Thomas JeffersonB. Alexander Hamilton
Q:
With respect to Powell v. McCormack (1969), which of the following statements is false?A. The House of Representatives unconstitutionally excluded Adam Clayton Powell from his seat because he was properly elected and met the age, residency, and citizenship requirements for office.B. The House of Representatives unconstitutionally expelled Adam Clayton Powell from his seat because he was properly elected and met the age, residency, and citizenship requirements for office.C. The Constitution stipulates the eligibility requirements for membership in the House, and Congress may not impose additional requirements.D. The House improperly excluded Adam Clayton Powell but could have expelled him after seating him.
Q:
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
Q:
How does judicial review in the United. States. compare to judicial review in other nations? Why is the use of judicial review more controversial in the United States than in other nations whose courts enjoy the same power?
Q:
Which of the following is insufficient to support probable cause?
a. physical evidence
b. admissions
c. association with known criminals
d. failure to protest arrest
Q:
The Court is constrained because it cannot hear a case if it is not justiciable. Explain what it means for a case to be considered justiciable, and cite cases we have read to support your argument. Finally, is justiciability a constraint on the Court? Why or why not?
Q:
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.
Q:
Despite the Court's seemingly unlimited power of judicial review, there are limits to this power. How does the Court's jurisdiction constrain its power?
Q:
When executing a search or arrest warrant, the common law rule is that for an entry into the home to be constitutional, the police must first:
a. evacuate the immediate area.
b. knock and identify themselves and their purpose.
c. read the occupants their Miranda warnings.
d. obtain consent to enter.
Q:
In Rochin v. California, the Supreme Court held that searches that ________are a violation of due process and any evidence so obtained will, therefore, be inadmissible.
a. offend liberty
b. violate privacy
c. show a heedless disregard for civil rights
d. shock the conscience
Q:
The Supreme Court declared, for itself, the power of judicial review in Marbury v. Madison. Why did Marshall argue that the Court should have this power? Was he correct? In later cases during the same era, the Court further expanded its power. How do these cases specifically expand the power of judicial review? Discuss the position of the Virginia Supreme Court and the U.S. Supreme Court's response in Martin v. Hunter's Lessee. Should the Court be allowed to overturn the decisions of state courts? Why or why not? Is it democratic that the Courtmade up of nine unelected officialshas such broad power? Why or why not?
Q:
What level of proof is required for a Terry stop?
a. reasonable suspicion
b. probable cause.
c. preponderance of the evidence.
d. no proof is required.
Q:
While Marbury v. Madison (1803) firmly established the power of federal courts to exert judicial review, John Marshall's ruling did not put an end to controversies surrounding the practice. Among the most interesting of these debates concerns the allegedly antidemocratic nature of judicial review: Why should the Supreme Court (full of unelected officials) be able to strike down laws passed by legislatures (institutions full of elected officials, whose policies presumably represent the wishes of the people)? Or, worse yet, why is the Court able to strike down state initiatives enacted by a majority of voters?These questions took on particular importance during the debate over term limits during the 1990s. Indeed, Justice Thomas's dissent in U.S. Term Limits v. Thornton (1995) poked fun at the antidemocratic nature of the majority opinion: "It is ironic that the Court bases today's decision on the right of the people to "choose whom they please to govern them. . . ." The majority defends [this right] by invalidating a provision that won nearly 60% of the votes cast in a direct election and that carried every congressional district in the State." How might you respond to Justice Thomas?
Q:
The Supreme Court made the exclusionary rule applicable to the states, holding that "all evidence obtained by searches and seizures in violation of the Constitution are by the same authority inadmissible in state court" in:
a. Mapp v. Ohio
b. Weeks v. U.S.
c. United States v. Leon
d. Wolf v. Colorado
Q:
The Fourth Amendment regulates the actions of all of the following, except the:
a. Internal Revenue Service
b. Secret Service
c. United Parcel Service
d. Food and Drug Administration
Q:
In Martin v. Hunter's Lessee what rationale does the Court use to explain why it has the power of judicial review over states and state courts?
Q:
Name two ways in which the separation of powers may constrain the decisions made by the U.S. Supreme Court.
Q:
All warrants are to be based on:
a. a preponderance of the evidence.
b. reasonable suspicion.
c. proof beyond a reasonable doubt.
d. probable cause.
Q:
The Supreme Court stated that the exclusionary rule operates as a judicially created remedy designed to safeguard Fourth Amendment rights generally through its deterrent effect, rather than a constitutional right of the person aggrieved in:
a. Mapp v. Ohio
b. Weeks v. U.S.
c. United States v. Leon
d. Wolf v. Colorado
Q:
Since Flast v. Cohen what two links must taxpayers demonstrate to have standing in Court?
Q:
Identify two issues upon which Congress has tried to eliminate the Supreme Court's appellate jurisdiction.
Q:
The section of the Fourth Amendment makes warrantless searches and seizures valid and constitutional when they are sensible is the:
a. warrant clause
b. probable cause clause
c. reasonableness clause
d. privacy clause
Q:
The principle that looks at all available information to assess whether the sum total would lead a reasonable person to believe what the officers concluded is the:
a. bright line approach
b. totality of the circumstances
c. individual circumstances
d. overall assessment
Q:
Give two examples of justiciability standards that a case must meet in order for the Court to decide it.
Q:
"Probable cause to search" means:
a. having more evidence against a set of probabilities.
b. officers reasonably believe that evidence, contraband or other items sought are where they believe them to be.
c. that a reasonable person would believe the items may or may not be at a particular location.
d. the officers have reasonable suspicion to think the items are where they wish to search.
Q:
Explain how the Court's decision in Hamdan differs from its analysis of its jurisdiction in McCardle.
Q:
The most commonly used method to determine reasonableness is the case-by-case method, which:
a. considers the totality of circumstances in each individual case.
b. assigns points to each indicia of reasonableness.
c. compares a case to other similar cases.
d. considers a specific rule that applies to all cases.
Q:
With respect to Marbury v. Madison (1803): (a) Did Marbury have the right to the commission he sought? (b) Was a writ of mandamus a proper remedy for Marbury to seek? (c) Did Marbury take his case to the proper court?
Q:
In Marbury v. Madison (1803) the Supreme Court for the first time struck down a provision of federal law because it was in conflict with the U.S Constitution. When did the Court next strike down a federal law?
Q:
One way courts have determined reasonableness is the bright line approach, which:
a. considers the totality of circumstances in each individual case.
b. assigns points to each indicia of reasonableness.
c. compares a case to other similar cases.
d. considers a specific rule that applies to all cases.
Q:
Who has the power to change the Supreme Court's appellate jurisdiction?
Q:
An unlawful search and seizure can include all of the following consequences, except:
a. departmental sanctions.
b. criminal liability.
c. evidence would be admissible in court.
d. civil liability.
Q:
Identify one kind of case and one type of litigant that Article III designates as falling under the Supreme Court's original jurisdiction.
Q:
The law of stop and frisk deals with that time frame during which officers follow up on their suspicions but before the time that the requisite __________is established to justify an arrest.
a. probable cause
b. reasonable suspicion
c. proof beyond a reasonable doubt
d. preponderance of the evidence
Q:
The Separation of Powers _______.A. Acts as a constraint on the decisions the Supreme Court makesB. Does not act as a constraint on the decisions the Supreme Court makesC. Allows states to ignore decisions the Supreme Court makesD. Acts as a constraint justices can put on one another as they decide
Q:
You are a new police officer riding with a senior sergeant on patrol. As you approach an older man who appears to be down on his luck and wearing old, dirty clothes, the sergeant tells you to pull the car over. He gets out of the car, grabs the disheveled man by the shoulders and pushes him into the nearby wall. He then, quite loudly, demands the man tell him where his brother, a man wanted for many serious offenses, is living. The man immediately gives your sergeant the address and the sergeant gets back into the car. As you drive away, you can tell that the man on the street is slightly injured and terrified that you will return. You are successful in arresting the suspect at the address. Your sergeant can tell that you are uncomfortable and tells you that you need to understand how to talk to people in this neighborhood to get things done or police officers will be at risk. Do you agree? Why or why not?
Q:
You are a judge hearing a serious felony case involving receiving stolen goods. It appears that the police mishandled the chain of custody for a vital piece of evidence. You could simply rule that it was a reasonable error and the police officers acted in good faith, which would allow the evidence to come in. The defendant would likely than face conviction of felonies in a sentence of between 15 and 25 years in prison. On the other hand, you are tired of sloppy police work in the city Police Department. What will you do?
Q:
In Caperton the Court argued that judges should recuse themselves from cases under what circumstances?A. There is some risk of bias.B. There is serious risk of actual bias.C. Judges should never recuse, as they are always unbiased.D. Judges should always recuse unless they know nothing about the case.
Q:
You are a police officer investigating a double homicide. You have suspicion that a particular person may be involved, but do not have probable cause. You follow the individual for several days without developing additional incriminating evidence, but you are convinced the individual is guilty and may very well kill again. When the suspect leaves his apartment, he leaves the front door unlocked. You open the door and see a gun on the coffee table that matches the type forensics has determined fired the fatal bullets in the double homicide. There is no one else in the apartment, so you leave and wait across the street. A few hours later, you see the suspect stumbling towards his apartment, obviously under the influence of alcohol. You wait until he is at his front door and approach him with the idea of arresting him for public intoxication after he opens the door. You do so and, as you arrest the suspect, the gun is in plain view. Based on the arrest and the gun being in plain view, the evidence is seized consistent with the law and will be instrumental in convicting the suspect. No one knows that you had earlier entered the apartment without probable cause, which would render the search suspect and the evidence likely excluded at trial. Does this raise an ethical issue for the police officer? If so, how should the police officer deal with it?
Q:
Alexander Hamilton viewed the judiciary as _______.A. The least democratic branch of the federal governmentB. The most democratic branch of the federal governmentC. The most dangerous branch of the federal governmentD. The least dangerous branch of the federal government