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Constitutional Law
Q:
Benjamin Franklin's position on the appointment of federal judges was for _______.A. The president to appoint judgesB. Congress to appoint judgesC. Lawyers to appoint judgesD. the Senate to appoint judges
Q:
You are a legislator and have been reading the paper about a notorious crime in the capital city. The defendant was acquitted of the charges because her confession was determined inadmissible at trial due to a violation of the defendant's rights. Like everyone else in the state, you are very angry about what has happened. You understand the exclusionary rule, but feel that it simply goes too far and has let a terrible murderer free to walk the streets. You have decided to come up with a state law to address this issue and make sure that this will never happen again. Explain the nature of a state law that would address this issue, justify its use rather than the exclusionary rule, and discuss any possible negative consequences that may result from its use.
Q:
The Supreme Court's refusal to rule on the merits of Judge Walter Nixon's challenge to his impeachment trial by the U.S. Senate was based on Court doctrines regarding _______.A. political questions.B. mootnessC. ripenessD. standing to sueE. collusive suits
Q:
You are the chief of police in your community and are quite concerned about a recent spike in criminal misconduct in the east part of town. Community leaders are constantly calling your office to complain. You decide that you should have a strong police presence on the streets and direct your officers to walk the beat in the east part of town, rather than use patrol cars. You also direct your police officers to vigorously try to prevent crime by acting proactively by stopping individuals who seem out of place or apprehensive when they see the police officer. As a result, many of these contacts have resulted in stop and frisk activities by the police and crime has dropped significantly in the east part of town. However, now you're getting calls from the same neighborhood asking why a disproportionate number of minorities are being stop and frisked by the police. You have decided to meet with the community leaders to answer this latest concern. What will you tell them?
Q:
______________must be established before a lawful search or arrest can be made, but not before a stop and frisk.
Q:
The main function of the Judiciary Act of 1789 was to _______.A. Establish lower federal courtsB. Establish military tribunalsC. Establish the Supreme Court's original jurisdictionD. Establish how judges would be appointed to the federal bench
Q:
Where is the origin of the Supreme Court's concept of justiciability?A. Article III of the ConstitutionB. The Judiciary Act of 1789C. Marbury v. MadisonD. Eakin v. Raub
Q:
____________________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.
Q:
One of the earliest definitions of __________was that it means less than evidence which would justify condemnation or conviction.
Q:
Which of the following is not one of the "Ashwander Principles" of judicial restraint?A. The Court will not formulate a rule of constitutional law broader than that required by the precise facts to which it is to be applied.B. The Court will not rule on the constitutionality of an act in a suit brought by a party who has benefited from the statute.C. The Court will not rule on the constitutionality of an act if there is a way to decide the dispute without ruling on the constitutional question.D. The Court will not anticipate a question of constitutional law in advance of the necessity of deciding it.E. The Court will not rule on the constitutionality of an act in a suit involving friendly, nonadversarial parties.F. None of the above. All of the above are contained in the "Ashwander Principles".
Q:
Federal courts are explicitly given the power of judicial review by _______.A. Article I of the Constitution, which describes the process of how laws are passed and repealedB. Article III, which specifies the powers of the courtsC. the Supremacy ClauseD. the Eleventh AmendmentE. the Fourteenth AmendmentF. None of the above
Q:
The Constitution does not provide an absolute right to be free from government intrusion, but only__________________.
Q:
Reasonableness is determined by a specific rule applying to all cases in the ____________.
Q:
In Baker v. Carr (1962; Tennessee reapportionment case) the Supreme Court _______.A. held that reapportionment issues are political questions that cannot be decided by the Supreme CourtB. held that reapportionment disputes may involve constitutional rights questions that the federal courts have jurisdiction to hearC. held that legislative districts must be constructed so that they are equal in terms of populationD. held that the residents of large districts lacked the proper standing to sue in order to challenge the state legislative districting law
Q:
Ex parte McCardle (1869; appeal of a journalist held for trial before a military tribunal) _______.A. upheld the authority of Congress to alter the Supreme Court's appellate jurisdictionB. struck down the law removing the Supreme Court's jurisdiction to hear McCardle's appealC. held that habeas corpus rights could not be altered by CongressD. upheld the constitutionality of criminal libel laws
Q:
The two approaches that have been used to determine reasonableness with respect to the Fourth Amendment are the bright-line approach and thea. blue-line methodology. b. case-law approach.c. case-by-case method.d. common-law approach.
Q:
Justice Story's opinion for the Court in Martin v. Hunter's Lessee (1816; Virginia land inheritance case) is an example of the Marshall Court's _______.A. support of congressional power over power exercised by the state legislaturesB. efforts to assert the power of the Supreme Court over the state supreme courtsC. efforts to provide sufficient power to the federal government to build a strong national economyD. support of the federal taxation powerE. opposition to state taxes that have a negative impact on the operations of the federal government
Q:
As stated in the case of United States v. Knights, the touchstone of the Fourth Amendment isa. legal sufficiency.b. expectations of police. c. reasonableness.d. safety.
Q:
The legal, attitudinal, and strategic models provide competing explanations for how the Supreme Court justices make decisions. Explain the main tenets of each model and give examples. Then make an argument for the model you believe provides the best (most realistic) view of how the justices actually make decisions.
Q:
The Supreme Court ruled that an airline employee inspecting a defendant's luggage was covered by the Fourth Amendment in the case ofa. United States v. Rossb. Wolf v. Coloradoc. United States v. Cleavelandd. United States v. Parker
Q:
Does public opinion affect the Supreme Court even though the justices are not elected? If so, is the effect a direct one or is it indirect?Explain.
Q:
Explain how Stare Devises constrains the decisions justices make.
Q:
Describe (with examples) three external constraints faced by Supreme Court justices.
Q:
Explain the difference between judicial activism and judicial restraint.. Give an example of each.
Q:
Explain the difference between textualism and original meaning. Give at least one example.
Q:
The Supreme Court allowed United Parcel Service employees to open packages without a warrant to inspect contents of the package for insurance purposes in the case of
a. United States v. UPS
b. United States v. Parker
c. United States v. Ross
d. Wolf v. Colorado
Q:
What response options does a justice have once an opinion is circulated?
Q:
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?
Q:
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?
Q:
Discuss the three political factors that scholars believe may affect the justices' decision to place acase on the Court's docket. Give examples of each.
Q:
According to Supreme Court's Rule 10, what makes a case "certworthy"?
Q:
You are the superintendent of schools and have become quite concerned about the number of shootings that have occurred nationally at schools. Some of the teachers feel that there should be more lockdown drills with simulated entry of the school by armed attackers to see how well the students and teachers lock doors and otherwise protect students from this threat. Other teachers are asking that the drills be reduced in number because students are starting to feel anxious and threatened. How do you balance these concerns? What types of questions should you ask before making your final decision?
Q:
Your governor is getting ready to sign a new law in your state called the "Constitutional Right to Carry Act" that will eliminate the state's permit and training requirements for citizens who want to carry guns. This means that a resident of your state who wants to carry a weapon, concealed or otherwise, can do so without a test, a background check, or gun safety test. Balancing the right to bear arms against the need to control gun violence, present a brief opinion on the advisability of such a law.
Q:
Describe the structure of the U.S. judicial system.
Q:
What is the main way in which interest groups try to influence the Supreme Court?A. They give justices donations each holiday.B. They meet with the justices twice a year to persuade them to change their votes.C. They file amicus curiae briefs.D. They file arguments on the Supreme Court's Facebook page.
Q:
Gun-control advocates, including the Brady Campaign to Prevent Gun Violence, have criticized the "Stand Your Ground" laws that have been passed in many states. These laws expanded the definition of justifiable self-defense and provide that anyone claiming to feel threatened no longer has an obligation to treat or avoid use of deadly force. Assume you are defending a woman accused of shooting a young girl who knocked on her front door late at night. Your client had heard about break-ins in the local area over the television news and thought she was about to be robbed. The girl at the door was actually looking for help because her car had become stuck in a snowbank at the foot of your client's driveway. Based on the facts and any reasonable fact you can add to the scenario, how would you convince a jury that your client should not be convicted of shooting the young girl? Assume you are successful in your argument and it appears that you have convinced a jury your client was in fear. If the fear needs to be a reasonable one, how would the prosecutor counter your argument most effectively?
Q:
Why should the U.S. Supreme Court pay attention to the preferences of the president?A. The president enforces the decisions the Court makes.B. The president can yell at the justices during the State of the Union address.C. The president can veto decisions he does not like.D. None of the above.
Q:
A federal district court analyzed gun control ordinance under a text, history, and tradition approach to explain why the law was unconstitutional in the case of _____________.
Q:
In the case of _____________, the Supreme Court allowed for reasonable restrictions on firearms.
Q:
An activist Supreme Court justice is likely to _______.A. Uphold state legislationB. Strike down federal legislationC. Strike down state legislationD. Uphold federal legislationE. A and DF. B and CG. None of the above.
Q:
Justice William Douglas supported the proposition that stiff laws governing the purchase and possession of pistols can be enacted in the case of _____________.
Q:
According to the attitudinal model, the coalition of Justices Thomas, Scalia, Alito, and Roberts may best be defined as _______.A. The conservative coalition.B. The liberal coalition.C. Tithe moderate coalition.D. None of the above.
Q:
The Supreme Court refused to incorporate the Second Amendment into the 14th amendment in the case of ____________.
Q:
What led Pritchett to believe that the law was not the only factor affecting justices' decisions?A. Justices were elected in 1940.B. Many of the justices were former politicians.C. Justices often dissented and did not agree on the legal reasoning in a case.D. All of the above.
Q:
The only Supreme Court case to specifically address the Second Amendment's scope for many years was___________ in 1939.
Q:
What does Stare Decisis mean?A. The Court should ignore past decisions.B. The Court should honor past decisions.C. The Court should let the decision stand.D. B and C.
Q:
What are the key criticisms of the use of original intent to decide Supreme Court cases?A. Its exclusive use would render the Constitution inapplicable and useless.B. It is difficult to determine which of the framers' intents should be used.C. It is difficult to know what sources to use to determine the framers' intent.D. All of the above.
Q:
The Supreme Court ruled that there was no express right of an individual to keep and bear arms in a. United States v. Miller.b. Stevens v. United States.c. District of Columbia v. Heller. d. Miranda v. United States.
Q:
Who attends the Court's conference discussions?A. Clerks and JusticesB. Only justicesC. Clerks, Justices, and SecretariesD. Only Clerks
Q:
The Supreme Court held that the right to bear arms for lawful purpose was not granted by the Constitution in a. District of Columbia v. Heller.b. the National Firearms Act. c. Perry v. Remingtond. United States v. Cruikshank
Q:
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.
Q:
What special power does the Chief Justice possess during the Court's agenda-setting stage?A. The chief creates the discuss list.B. The chief chooses all cases for the docket.C. The chief chooses some cases that the Court must hear.D. The chief has no special power during the agenda-setting stage.
Q:
Most cases reach the Court through _______.A. CertificationB. AppealC. CertiorariD. Mandatory Appeal
Q:
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.
Q:
Why does the Court normally accept so few cases under its original jurisdiction?A. It sends most of these cases back to the lower Courts for an initial ruling.B. Original jurisdiction cases are too difficult to decide.C. Too few original jurisdiction cases are brought to the Court.D. It sends most of these cases to the original jurisdiction court of justice.
Q:
The Supreme Court has accepted approximately _______.A. 1 percent of cases brought to itB. 10 percent of cases brought to itC. 50 percent of cases brought to itD. 100 percent of cases brought to it
Q:
At Ruby Ridge in Idaho, a standoff between the FBI, the ATF and U.S. Marshalls ended a. peacefully.b. in 1992.c. after a ransom was paid.d. with the establishment of a state militia.
Q:
The standoff between the Branch Davidian religious group and the FBI came about due to the group's claim they were a sovereign nation and they refused to abide by laws with which they disagreed.
a. True
b. False
Q:
A standoff between the FBI and the Montana "Freemen" ended with the deaths of 74 members of this Christian patriot group.
a. True
b. False
Q:
It has always been well-established that people have a right to bear arms as individuals rather than only as part of a militia.
a. True
b. False
Q:
During the Colonial Period, a standing army was not possible due to a lack of funding and personnel. a. Trueb. False
Q:
Discuss the historical background of the Second Amendment.
Q:
The Second Amendment stands for the proposition that a well-regulated militia is necessary to the security of a free state.
a. True
b. False
Q:
Discuss the two opposing interpretations of the Second Amendment that have clashed over the years. In light of current rulings, has either side won?
Q:
Discuss the authority and goals of the Law Enforcement Officers Safety Act of 2004. What are some concerns about the legislation?
Q:
Discuss the Brady Act.
Q:
Explain the Second Amendment's current status, and how that status affects laws relating to gun ownership.
Q:
During the colonial period, the ________was considered to be the entire male populace of a state.
Q:
A _________is a set ending time for legislation that is not renewed, which is how the assault weapon ban in the Violent Crime Control and Law Enforcement Act of 1994 expired.
Q:
Some activist groups argue that an _______citizenry is the best defense against tyranny.
Q:
The purpose of the _________is to prevent prohibited persons from obtaining handguns.
Q:
According to the Brady Center, a gun is ________times more likely to be used in a completed or attempted suicide, criminal assault or homicide, or unintentional shooting death or injury than to be used in a self-defense shooting.
Q:
The Law Enforcement Officer's Safety Act allows "________active and retired law enforcement officers" to carry concealed weapons anywhere in the U.S.
Q:
___________rights proponents claim that the Second Amendment was adopted with the primary purpose of preserving the state militia.
Q:
The Second Amendment of the U.S. Constitution reads: "A wellregulated _________being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
Q:
In Presser v. Illinois (1886), the Court refused to _________the Second Amendment into the Fourteenth Amendment.
Q:
In McDonald, the Supreme Court applied the Second Amendment to the states, recognizing a person's right "to keep and bear arms for the purpose of _________."
Q:
In United States v. Cruikshank (1875), the Supreme Court stated that only Congress was forbidden from infringing on the Second Amendment.
a. True
b. False
Q:
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
Q:
There are no longer any national or state-sanctioned militias in the United States.
a. True
b. False