Q&A Hero

Q: In ____________, the Supreme Court voted to uphold a Connecticut welfare regulation that denied Medicaid benefits to indigent women seeking to have abortions, unless their attending physicians certified their abortions as "medically necessary." a. Harris v. McRae (1980) b. Missouri v. Danforth (1976) c. Akron v. Akron Center for Reproductive Health (1983) d. Maher v. Roe (1977)

Q: In ______________, the Supreme Court struck down an ordinance that limited the occupancy of residences to members of single families. However, the ordinance defined "family" in such a way as to prohibit a grandmother from cohabiting with her two grandsons. a. In re Quinlan (1976) b. Doe v. Commonwealth's Attorney (1976) c. Moore v. City of East Cleveland (1977) d. None of the above is true.

Q: While the Schiavo case did not develop any new legal principles or procedures, it did reaffirm the __________ in a highly public and highly politicized context. a. right to die b. right to birth control c. right to same sex marriage d. None of the above is true.

Q: To prevent assisted suicide in the state of _____________, the legislature enacted a law providing that "[a] person is guilty of promoting a suicide attempt when he knowingly causes or aids another person to attempt suicide," which was held unconstitutional in 1994. a. Tennessee b. New York c. California d. Washington

Q: The best-known case involving the doctrine of ____________in relation to the so-called right to die is In re Quinlan (N.J. 1976). a. transferred judgment b. substituted judgment c. transferred intent d. substituted intent

Q: In ______________, the Massachusetts Supreme Judicial Court permitted the guardian of an elderly, retarded man to assert his ward's right of privacy and refuse chemotherapy treatment for the elderly man's leukemia. a. Superintendent of Belchertown State School v. Saikewicz (1977) b. Guardianship of Andrew Barry (1984) c. Rust v. Sullivan (1991) d. None of the above is true.

Q: In ______________, the Supreme Court upheld a village ordinance that limited residential land use to one-family dwellings. a. Moore v. City of East Cleveland (1977) b. Eisenstadt v. Baird (1972) c. Belle Terre v. Boraas (1974) d. none of the above

Q: In ____________, the Supreme Court upheld a federal regulation that barred birth control clinics that received federal funds from providing information about abortion services to their clients. a. Webster v. Reproductive Health Services (1989) b. Rust v. Sullivan (1991) c. Planned Parenthood v. Casey (1992) d. Gonzales v. Carhart (2007)

Q: In Griswold v. Connecticut (1965), Justice __________ asserted that "specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance, " and reasoned that the explicit language of the Bill of Rights, specifically the First, Third, Fourth, Fifth, and Ninth Amendments, when considered along with their "emanations" and "penumbras" as defined by previous decisions of the Court, add up to a general, independent right of privacy. a. Douglas b. Harlan c. Brennan d. Black

Q: In Jacobson v. Massachusetts (1905), Justice ___________ majority opinion did recognize that "[t]here is, of course, a sphere within which the individual may assert the supremacy of his own will and rightfully dispute the authority of any human government, especially of any free government existing under a written constitution, to interfere with the exercise of that will." a. John M. Harlan's b. Henry Billings Brown's c. Edward D. White's d. None of the above is true.

Q: Proponents of a constitutional right of privacy often cite the ______, which guarantees rights "retained by the people" even though they are not enumerated in the Constitution. a. Fourth Amendment b. Sixth Amendment c. Seventh Amendment d. Ninth Amendment

Q: The ______ Amendment prohibits compulsory self-incrimination, thus protecting the privacy of an accused individual's thoughts, whereas the ______ Amendment ensures freedom of conscience in both political and religious matters. a. First; Fourth b. Fourth; First c. First; Fifth d. Fifth; First

Q: The _______ explicitly protects the privacy of the home in peacetime from soldiers seeking quarters. a. First Amendment b. Second Amendment c. Third Amendment d. Fourth Amendment

Q: Classical _____________ hold that individuals must often be protected against their own vices, and defends the embodiment of traditional morality in the law. a. conservatism b. liberalism c. libertarianism d. none of the above

Q: Among Supreme Court nominees in the last three decades, only ___________ has rejected the interpretive foundation of the right of privacy. a. Elena Kagan b. John Paul Stevens c. John Roberts d. Robert Bork

Q: Which of the following members of the Supreme Court has supported the central holding in Roe v. Wade? a. Chief Justice Rehnquist b. Justice Souter c. Justice White d. Justice Thomas

Q: Which of the following Justices has urged that Roe v. Wade be overturned? a. Kennedy b. Ginsburg c. Scalia d. Stevens

Q: In Planned Parenthood v. Casey (1992) the Supreme Court struck down a state requirement that a married woman seeking an abortion must a. wait 24 hours after giving written consent before undergoing the procedure. b. notify her spouse of her intentions. c. undergo counseling. d. obtain her spouse's permission.

Q: In Bowers v. Hardwick (1986) the Supreme Court a. struck down a state law making it a crime to engage in homosexual sodomy. b. upheld a state law restricting heterosexual sodomy. c. upheld a state law as applied to consensual homosexual sodomy. d. struck down a state law prohibiting single-sex marriages.

Q: Griswold v. Connecticut (1965) involved a challenge to a state law that criminalized the use of a. marijuana. b. hand guns. c. family counseling. d. birth-control devices.

Q: In ruling on the constitutionality of state regulations of abortion, the Supreme Court today is most likely to apply the a. "trimester" framework. b. "undue burden" test. c. "compelling state interest." d. "bad tendency" test.

Q: Prior to 1937 the Supreme Court's application of "substantive due process" was most often confined to a. the protection of free enterprise from governmental regulation. b. protection of the rights of women and children. c. preservation of the states against expanding federal power. d. safeguarding the rights of African Americans.

Q: In Roe v. Wade Justice Blackmun stated that the word "person" in the Constitution applied a. to the fetus at the point of viability. b. after the first trimester of pregnancy. c. after the second trimester of pregnancy. d. postnatally.

Q: The Supreme Court's decision in Roe v. Wade (1973) holding that the right of privacy is "broad enough to encompass a woman's decision whether or not to terminate her pregnancy" is grounded explicitly in the a. First Amendment freedom of conscience. b. Ninth Amendment. c. guarantee of liberty in the Due Process Clause of the Fourteenth Amendment. d. Equal Protection Clause of the Fourteenth Amendment.

Q: According to Stephens and Scheb, the most significant abortion case of the 1980s was a. Webster v. Reproductive Health Services (1989). b. Akron v. Akron Center for Reproductive Health (1983). c. Bowers v. Hardwick (1986). d. In re Guardianship of Barry (1983).

Q: In Akron v. Akron Center for Reproductive Health (1983), the Supreme Court struck down a city ordinance that required that a. all abortions be performed in hospitals. b. a woman wait 24 hours before having an abortion. c. fetal remains be disposed of in a humane and sanitary manner. d. All of the above are true.

Q: In the Griswold decision, Justice ____________ wrote: "The Constitution makers knew the need for change and provided for it. Amendments ... can be submitted to the people ... for ratification. That method of change was good enough for our Fathers, and being somewhat old-fashioned I must add that it is good enough for me." a. William O. Douglas b. Earl Warren c. Felix Frankfurter d. Hugo Black

Q: The case of ____________________ involved a challenge to a state law that made it a crime to use, sell, or possess birth control devices. a. Buck v. Bell (1927) b. Bowers v. Hardwick (1986) c. Griswold v. Connecticut (1965) d. None of the above is true.

Q: In Buck v. Bell (1927), Justice __________________ wrote that "three generations of imbeciles are enough." a. George Sutherland b. William Howard Taft c. Charles Evans Hughes d. Oliver Wendell Holmes, Jr.

Q: In the first two decades of the twentieth century, the Supreme Court's use of "substantive due process" was by and large confined to the protection of a. free enterprise from government regulation. b. the rights of women and children. c. the states from the federal government. d. the civil rights of black Americans.

Q: A number of scholars have argued that the ____ Amendment's recognition of rights "retained by the people" adds support to the constitutional right of privacy. a. Fifth b. Eighth c. Ninth d. Tenth

Q: Justice ______________ has written that "Our society prohibits, and all human societies have prohibited, certain activities not because they harm others but because they are considered ... immoral.... While there might be a great diversity of views on whether various of these prohibitions should exist, ... there is no doubt that absent specific constitutional protection for the conduct involved, the Constitution does not prohibit them simply because they regulate "˜morality."" a. Harry Blackmun b. John P. Stevens c. Antonin Scalia d. Sandra Day O"Connor

Q: ______ often object to laws regulating sexual conduct, living arrangements, the private use of drugseven to laws mandating that motorcycle riders wear helmets. a. Conservatives b. Liberals c. Populists d. Libertarians

Q: The English philosopher _______ wrote that "there is a sphere of action in which society, as distinguished from the individual, has, if any, only an indirect interest; comprehending all that portion of a person's life and conduct which affects only himself, or if it also affects others, only with their free, voluntary and undeceived consent and participation." a. Thomas Hobbes b. John Locke c. Jeremy Bentham d. John Stuart Mill

Q: In Planned Parenthood v. Casey (1992), the Supreme Court struck down a state requirement that a married woman seeking an abortion must a. wait 24-hours before undergoing the procedure. b. notify her husband of her intentions. c. undergo a psychiatric evaluation. d. obtain permission from her husband.

Q: In Doe v. Commonwealth's Attorney (1976), the Supreme Court ________ a federal district court decision keeping Virginia's law proscribing _________. a. upheld; sodomy b. struck down; euthanasia c. refused to review; abortion d. struck down; contraception

Q: In __________________ the Supreme Court struck down a state law providing for the compulsory sterilization of criminals. a. Skinner v. Oklahoma (1942) b. Buck v. Bell (1927) c. Jacobson v. Massachusetts (1905) d. Poe v. Ullman (1961)

Q: The political philosophy of _____________ holds that individual freedom is the highest good, and that law should be interpreted to maximize the scope of individual freedom. a. populism b. conservatism c. liberalism d. libertarianism

Q: In __________ the Supreme Court specifically held that the right of privacy "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." a. Griswold v. Connecticut (1965) b. Whalen v. Roe (1977) c. Eisenstadt v. Baird (1972) d. Roe v. Wade (1973)

Q: The _________________ protects the individual from unwarranted government interference in intimate personal relationships or activities. a. Fourth Amendment b. constitutional right of privacy c. Fourteenth Amendment Privileges and Immunities Clause d. Tenth Amendment

Q: In___________, the Supreme Court reaffirmed this longstanding distaste for "dragnet" searches when it invalidated a five-hour search of a Communist Party headquarters resulting in the seizure of some 5,000 items. a.Stanford v. Texas (1965) b. Coolidge v. New Hampshire (1971) c. Brinegar v. United States (1949) d. Illinois v. Gates (1983)

Q: In___________, the Supreme Court invalidated a warrant that was issued by the state's attorney general, a law enforcement officer, rather than by a judge or magistrate. a.Stanford v. Texas (1965) b. Coolidge v. New Hampshire (1971) c. Brinegar v. United States (1949) d. Illinois v. Gates (1983)

Q: In_________________, the Court prohibited the use of GPS tracking devices placed on suspects' cars without prior judicial authorization. a. United States v. Jones (2012) b. Kyllo v. United States (2001) c. Illinois v. Gates (1983) d. Oliver v. United States (1984)

Q: Writing for the Court in Katz v. United States which Justice famously stated that "the Fourth Amendment protects peoplenot places"? a. William Brennan b. Byron White c. Potter Stewart d. John Marshall Harlan

Q: In ________________, the Supreme Court held that police officers may use deadlyforce only when necessary to apprehend a fleeing felon and only when "the officer has probable cause to believe that the suspect poses a significant threat of death or physical injury to the officer or others." a. Bram v. United States (1987) b. Ashcraft v. Tennessee (1944) c. Lyons v. Oklahoma (1944) d. Tennessee v. Garner (1985)

Q: In County of Riverside v. McLaughlin (1991), the Rehnquist Court held that an individual could be detained for as long as ________ hours prior to a probable cause hearing without necessarily violating the Fourth Amendment. a. 12 b. 24 c. 48 d. 60

Q: In ___________, the Supreme Court said that the exclusionary rule is not applicable to a situation in which contraband is seized from a person who was falsely arrested due to police negligence. a. Herring v. United States (2009) b. Wilson v. Arkansas (1995) c. Hudson v. Michigan (2006) d. Malley v. Briggs (1986)

Q: The stop and frisk investigatory detention was upheld by the Supreme Court in a. Warden v. Hayden (1967). b. Terry v. Ohio (1968). c. Michigan v. Tyler (1978). d. None of the above is true.

Q: An accepted justification for warrantless searches includes ______________. a. plain view b. evanescent evidence c. hot pursuit d. All of the above are true.

Q: In ______________, the Supreme Court placed limits on a search incident to arrest of an occupant of a vehicle by holding that "police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest." a. United States v. Ross (1982) b. California v. Acevedo (1991) c. Arizona v. Gant (2009) d. Arkansas v. Sanders (1991)

Q: In ______________, the Court held that police are not required to inform motorists who are stopped for other reasons that they are "free to go" before asking them to consent to a search of their automobile. a. Chimel v. California (1969) b. Schneckloth v. Bustamonte (1973) c. Florida v. Bostick (1991) d. Ohio v. Robinette (1996)

Q: In Schneckloth v. Bustamonte (1973), the Supreme Court _________ asearch based on consent even though the police failed to advise the individual that he was not obligated to consent to the police request. a. upheld b. invalidated c. denied certiorari d. None of the above is true.

Q: In _______________, the Court decided unanimously that the Fourth Amendment requires police, absent a threat of physical violence or other exigent circumstances, to knock and announce when serving a search warrant at a home. a. Richards v. Wisconsin (1997) b. Wilson v. Arkansas (1995) c. Hudson v. Michigan (2006) d. Chimel v. California (1969)

Q: Under federal law an officer is required to _______________upon arrival at the place to be searched pursuant to a search warrant. a. knock and announce b. obtain permission c. barge in without announcement d. None of the above is true.

Q: The Warren Court adopted the ___________test in determining whether to issue search warrants involving the use of confidential or anonymous informants, whereas the Burger Court adopted the ______________ test. a. Aguilar-Spinelli; congruence and proportionality b. congruence and proportionality; Aguilar-Spinelli c. Aguilar-Spinelli; totality of circumstance d. totality of circumstance; Aguilar-Spinelli

Q: According to the Supreme Court's decision in ______________, officers have probable cause when "the facts and circumstances within their knowledge, and of which they had reasonably trustworthy information, [are] sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed." a. Coolidge v. New Hampshire (1971) b.Illinois v. Gates (1983) c. Stanford v. Texas (1965) d. Brinegar v. United States (1949)

Q: The fundamental requirement imposed by the ______ Amendment is that searches and seizures must be "reasonable." a. Third b. Fourth c. Fifth d. Sixth

Q: In ___________________, the Supreme Court reversed a conviction in which government agents, acting without a warrant, attached a "bug," or listening device, to the outside of a public telephone booth from which a suspected bookie often placed calls. a. Oliver v. United States (1984) b. Katz v. United States (1967) c. Kyllo v. United States (2001) d. None of the above is true.

Q: In Olmstead v. United States (1928), Chief Justice _________________ stated, "The reasonable view is that one who installs in his house a telephone instrument with connecting wires intends to project his voice to those quite outside, and that the wires beyond his house, and messages passing over them, are not within the protection of the Fourth Amendment." a. William Howard Taft b. Harlan F. Stone c. Charles Evans Hughes d. None of the above is true.

Q: Under Wolf v. Colorado, states were free to adopt or ignore the Weeks exclusionary rule. Some adopted the rule; most did not. The discrepancy between the rules applicable to state and federal courts gave rise to the ______ doctrine. a. fruit of the poisonous tree b. totality of circumstances c. total incorporation d. silver platter

Q: In Carroll v. United States (1925), the Supreme Court upheld the warrantless search of a (an) ____________ believed to be harboring illegal liquor. a. automobile b. suitcase c. office building d. None of the above is true.

Q: Adhering to Justice John M. Harlan's concurrence in ______________ (1967), the Supreme Court has since held that the Fourth Amendment extends to any place or any thing in which an individual has a reasonable expectation of privacy. a. Katz v. United States b. Melton v. United States c. United States v. Calandra d. United States v. Davies

Q: The judicial extension of the Fourth Amendment and other protections of the Bill of Rights to limit the actions of the state and local governments is referred to as the doctrine of ___________. a. res judicata b. incorporation c. extension d. absorption

Q: Writing for the Supreme Court in Schall v. Martin (1984), Justice _________ stressed that "the Constitution does not mandate elimination of all differences in the treatment of juveniles." a. Stewart b. O"Connor c. Stevens d. Rehnquist

Q: In McKeiver v. Pennsylvania (1971), the Supreme Court refused to extend the right to _____________ to juvenile proceedings. a. counsel b. trial by jury c. appeal d. a speedy and public trial

Q: Under the doctrine of ___________________, the state assumes ultimate responsibility for caring for children, mentally retarded persons, and persons who are insane. a. in loco parentis b. obiter dicta c. sovereign immunity d. parens patriae

Q: In Trop v. Dulles (1958), Chief Justice Warren said that the Cruel and Unusual Punishments Clause of the Eighth Amendment must draw its meaning from a. the intentions of the Framers of the Bill of Rights. b. historical practice. c. the common law. d. evolving standards of decency.

Q: In ___________________, the Supreme Court first suggested that evidence obtained in violation of the Fourth Amendment should be excluded from trial. a.Boyd v. United States (1886) b. Carroll v. United States (1925) c. Bram v. United States (1897) d. Weems v. United States (1910)

Q: The Supreme Court has held repeatedly that, under ________________, a warrantless search may be "reasonable" under the Fourth Amendment. a. the "good-faith" exception b. exigent circumstances c. the doctrine of stare decisis d. the totality of circumstances test

Q: In Illinois v. Gates (1983), the Supreme Court abandoned the rigorous Aguilar-Spinelli test in favor of a _______________ test that made it easier for police officers to get search warrants. a. reasonable person b. reasonable suspicion c. good-faith d. totality of circumstances

Q: In Schall v. Martin (1984), the Supreme Court upheld a ____________ program for juveniles. a. work release b. probation and parole c. community service d. pretrial detention

Q: In Stone v. Powell (1976), the Supreme Court decided that state prisoners could not use federal habeas corpus petitions to raise any ______________ issues as long as they had been provided "a full and fair opportunity" to litigate those issues in the state courts. a. cruel and unusual punishment b. self-incrimination c. Fourth Amendment d. federal constitutional

Q: The Warren Court's decision to expand federal _____________ helped fuel the "criminal justice revolution" of the 1960s. a. law enforcement authority b. pretrial detention c. aid to the cities d. habeas corpus jurisdiction

Q: In Ford v. Wainwright (1985), the Supreme Court held that the Eighth Amendment prohibits the execution of a prisoner who is a. legally insane. b. mentally retarded. c. under 16 years old. d. None of the above is true.

Q: In Robinson v. California (1962), the Supreme Court held that state courts were bound by the Eighth Amendment prohibition against a. cruel and unusual punishments. b. excessive bail. c. excessive fines. d. compulsory self-incrimination.

Q: In Nebraska Press Association v. Stuart (1976), the Supreme Court invalidated a ___________ imposed by a trial judge to safeguard the rights of a man accused of a brutal mass murder. a. change of venue b. secret trial c. pretrial release order d. gag order

Q: Until recently, most federal courts followed the ________ test in determining whether appointed counsel was ineffective at trial. a. mockery of justice b. harmless error c. reasonable doubt d. preponderance of evidence

Q: It was not until Mapp v. Ohio (1961) that the Supreme Court extended the Fourth Amendment __________ to state criminal prosecutions by way of the Fourteenth Amendment. a. exclusionary rule b. probable cause requirement c. particularity requirement d. warrant clause

Q: In Tennessee v. Garner (1985), the Supreme Court held that a police officer may use ____________ only when necessary to apprehend a fleeing felon and only when "the officer has probable cause to believe that the suspect poses a significant threat of death or physical injury to the officer or others." a. a choke hold b. a stun gun c. deadly force d. None of the above is true.

Q: In Carroll v. United States (1925), the Supreme Court upheld the warrantless search of an automobile believed to be carrying a. a bomb. b. counterfeit currency. c. firearms. d. bootleg liquor.