Q&A Hero

Q: Which doctrine provides Congress with authority to regulate intrastate activities that substantially affect interstate commerce? A) dormant commerce clause B) Affectation doctrine C) preemption doctrine D) Doctrine of supremacy

Q: The Sixth Amendment right to counsel applies to both criminal cases and civil cases.

Q: Discuss which of the first 10 amendments to the U.S. Constitution in the Bill of Rights is most important to you personally. Explain your position.

Q: The veto of a congressional bill by the president by retaining it until Congress is no longer in session, neither signing nor vetoing it, is called a(n): A) implied veto. B) veto by implication. C) line-item veto. D) pocket veto.

Q: Miranda warnings are designed to ensure that prior to police questioning, individuals are informed of two basic rights under the Constitution"the right to be silent and the right to an attorney.

Q: What is the difference between the total incorporation doctrine and the select incorporation doctrine?

Q: Who possesses the authority to suspend habeas corpus? A) Congress B) President C) Both A and B are required D) Either A or B

Q: Miranda warnings are required once it is determined that police are engaging in a custodial interrogation.

Q: What does the incorporation doctrine provide?

Q: Which of the following best describes the impeachment process? A) The Senate impeaches and the House tries the impeachment. B) The Senate impeaches and tries the impeachment. C) The House impeaches and the Senate tries the impeachment. D) The House impeaches and tries the impeachment.

Q: In Riley v. California (2014), a unanimous U.S. Supreme Court held that the incident-to-a-lawful-arrest exception to the warrant requirement does not extend to searching a suspect's cell phone after the suspect is arrested.

Q: What are the implicit rights recognized by the U.S. Supreme Court?

Q: Who may declare war? A) President B) House of Representatives C) Senate D) Entire Congress

Q: A search warrant is required for all searches inside a person's home.

Q: What does the Ninth Amendment protect?

Q: The federal income tax is authorized by: A) Article XVI. B) Article VI. C) Article I. D) None of the above.

Q: Probable cause is a legal standard requiring the officer to have sufficient and trustworthy information to reasonably believe that a person has committed a crime.

Q: What is the difference between the compact theory and the natural law theory?

Q: If an individual activity does not affect interstate commerce, but the aggregate of that activity does, federal commerce jurisdiction exists under the: A) Cumulative effects doctrine. B) Dormant Commerce Clause. C) Resulting consequences doctrine. D) Pretext principle.

Q: Totality of the circumstances is a legal standard used to review arrests and seizures of persons and property to determine whether probable cause or reasonable suspicion exists.

Q: Why did the original U.S. Constitution not contain a Bill of Rights.

Q: Discuss whether you think the amount in controversy in federal diversity of citizenship cases should increase from $75,000 to $100,000.

Q: Seizure of a person occurs when law enforcement officer uses force or the threat of force to detain a person, thereby causing the person to reasonably believe that he or she cannot freely leave the presence of the official.

Q: The total incorporation doctrine is a theory held by some jurists and legal scholars maintaining that the Fourteenth Amendment requires all of the provisions of the Bill of Rights to be incorporated and applied to the ________.

Q: Explain which method of interpreting the U.S. Constitution you think is the best approach.

Q: Reasonable suspicion is a less rigorous legal standard than probable cause, which generally requires an officer to have articulable facts that would lead a reasonable person to suspect that criminal activity is afoot.

Q: The incorporation doctrine is a legal theory that maintains that the Bill of Rights should be incorporated through the ________ Amendment Due Process Clause and made applicable to the states.

Q: What is stare decisis?

Q: No exceptions to the exclusionary rule exist.

Q: In Griswold v. Connecticut, the U.S. Supreme Court recognized the right to ________ based on a penumbra of rights.

Q: Describe the different canons of statutory construction.

Q: The exclusionary rule is a judicially created remedy for violations of the Fourth, Fifth, or Sixth Amendment, which is used to exclude unconstitutionally obtained evidence from a criminal trial.

Q: The Fourth Amendment bars government from violating the right against ________ searches and seizures.

Q: Describe the four primary methods of interpreting the U.S. Constitution.

Q: Each of the following is prohibited as cruel and unusual punishment EXCEPT: A) disproportionate sentences. B) capital punishment. C) status crimes. D) unreasonable prison and other confinement conditions.

Q: The Eighth Amendment bars government from imposing cruel and ________ punishment.

Q: What is the standing requirement?

Q: The constitutional provision against cruel and unusual punishment is found in the ________ amendment. A) First B) Fourth C) Fifth D) Eighth

Q: The Tenth Amendment provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the ________.

Q: What are the requirements for diversity jurisdiction?

Q: When does jeopardy attach during a jury trial? A) When the jury is sworn in B) When the first witness is sworn in C) When the jury reaches its verdict D) When the jury begins its deliberations

Q: The Preamble and Articles of the U.S. Constitution reflect a social compact or ________ between the people and the government.

Q: How is a vacancy on the U.S. Supreme Court filled?

Q: If a criminal defendant goes to trial but the case ends with a hung jury, can the government retry the defendant on the same charges? Why or why not? A) No. The double jeopardy clause prohibits it. B) No. The double jeopardy and due process clauses prohibit it. C) It depends on whether the alleged crime is a felony or a misdemeanor D) Yes, because the jury did not make a finding of fact on the charges

Q: Natural ________ theory insists that the rights enumerated in the Bill of Rights are natural, inherent, and unalienable to individuals.

Q: What are the main courts in the federal court system?

Q: Under the Fourth Amendment, which of the following is NOT an exception to the warrant requirement for searches and seizures? A) Serious offense B) Plain feel C) Plain view D) Exigent circumstances

Q: The language in the ________ Amendment suggests that there are other liberties beyond those written in the Bill of Rights that are to be protected against governmental intrusion.

Q: Match the term listed in Column 1 to its description in Column 2. 6. Appellate Jurisdiction 7. Original Jurisdiction 8. en banc 9. Diversity Jurisdiction 10. Federal Jurisdiction A) the jurisdiction of the federal courts based upon the judicial powers granted by Article III of the Constitution and by federal statutes B) French term for "on the bench" A court, particularly an appellate court, with all the judges sitting together in a case C) the authority of one court to review the proceedings of another court or of an administrative agency D) the jurisdiction of a federal court arising from diversity of citizenship, when the jurisdictional amount has been met E) the jurisdiction of a trial court, as distinguished from the jurisdiction of an appellate court

Q: In ________, the Supreme Court ruled that a prosecutor could not use race as a basis for excluding jurors during voir dire. A) Furman v. Georgia B) Batson v. Kentucky C) Gregg v. Georgia D) Booth v. Maryland

Q: James ________ is known as the chief architect of the Bill of Rights.

Q: Match the constitutional interpretation method listed in Column 1 to its description in Column 2. 1. originalism 2. historical literalism 3. democratic reinforcement 4. contemporary literalism 5. modernism A) Constitution is interpreted and applied by focusing on its terms, syntax, and other linguistic features that were in use at the time of adoption/ratification B) Constitution is interpreted and applied in a manner consistent with the framers' intentions C) Constitution is interpreted and applied by focusing on its terms, syntax, and other linguistic features that are currently in use D) Constitution is interpreted and applied in contemporary terms E) Constitution is interpreted and applied in a manner that reinforces the document's underlying democratic themes

Q: Under the fifth and/or sixth amendment, a person has the right to counsel during each of the following stages EXCEPT: A) guilty pleas and sentencing. B) appeals as a matter of right. C) misdemeanor trials when imprisonment is actually imposed. D) appeals to the Supreme Court.

Q: References to the "state" or the "states" in the Fourteenth Amendment, by implication, also include local governments, such as counties, cities, townships, and villages.

Q: Stare decisis is the doctrine that judicial decisions stand as ________ for cases arising in the future.

Q: Miranda requirements apply during: A) investigatory stops. B) custodial interrogations. C) automobile searches. D) stop and frisks.

Q: The incorporation doctrine is legal theory that maintains that the Bill of Rights (or at least portions thereof) should be incorporated through the Fourteenth Amendment Due Process Clause and made applicable to the states.

Q: If part of a statute is held unconstitutional, the remaining ________ are to remain viable as long as it is logical to do so.

Q: What kind of test is used to determine if a person is in custody? A) If the officer intends to arrest the suspect B) If the suspect does not feel free to leave C) If a reasonable person would not feel free to leave D) If the detention is more than just a brief questioning

Q: Today, all of the Bill of Rights have been applied to the states .

Q: Modernists view the Constitution in light of ________ life.

Q: Police obtain a search warrant for Mary's house to search for cocaine. While executing the search warrant, the police look in a closet and find a sawed-off shotgun. The gun will be: A) admissible if it was immediately apparent as contraband. B) admissible only if the police found cocaine too. C) admissible, but only if Mary gave consent to the search of the closet. D) inadmissible, as the gun was not listed on the search warrant.

Q: The Tenth Amendment provides that the powers not given to the federal government are reserved to the states or to the people.

Q: A case for which the disputed issues have been resolved or dissipated during litigation is ________.

Q: Assume that police enter a residence to arrest Suzie pursuant to a valid arrest warrant and that Suzie is sitting on the couch in the living room eating popcorn. Incident to a lawful arrest, police may search all of the following EXCEPT: A) Suzie's pant pockets. B) under the couch. C) in the couch under the cushions. D) the coat closet in the adjacent hallway.

Q: The Bill of Rights contain an exhaustive list of all protected rights.

Q: If a suit is filed before a harm has occurred or before the threat of harm is imminent, the case is said to be ________.

Q: In order for a warrantless consent search to be valid, the consent must be given ________. A) knowingly, intelligently, and voluntarily B) knowingly, rationally, and peacefully C) in writing D) verbally or in writing

Q: The right to privacy is expressly enumerated in the Bill of Rights.

Q: Federal judicial jurisdiction is limited by Article III, Section 2 of the U.S. Constitution to cases that involve federal legal issues or where ________ of citizenship exists.

Q: Before the Fourth Amendment can be applied to assess the legality of a search and seizure, the person asserting the invalidity of the search must ________. A) be a legal U.S. citizen B) be a legal U.S. resident C) have a reasonable expectation of privacy D) not be guilty of a crime

Q: The Fifth Amendment provides for the freedom of the press.

Q: A(n) ________ opinion is a judicial interpretation of a legal question requested by the legislative or executive branch of government.

Q: Determining whether an officer has probable cause to effectuate an arrest is based on ________. A) the totality of the circumstances B) the Terry rule C) the "reasonable officer" standard D) the "reasonable suspect" standard

Q: The First Amendment provides for the freedom of speech.

Q: Once confirmed, federal court judges receive ________ tenure.

Q: A "Terry search" is another name for a(n) ________, for which the police officer must have ________. A) sneak and peek search/probable cause B) stop and frisk search/reasonable suspicion C) sneak and peek search/reasonable suspicion D) stop and frisk search/probable cause

Q: The Fifth Amendment bars government from compelling persons to testify against themselves in criminal cases.

Q: A ________ institution is one whose members are not elected by, or directly accountable to, the people.

Q: An arrest must be based on evidence that would constitute: A) suspicion. B) probable cause. C) proof beyond a reasonable doubt. D) clear and convincing evidence.