Q&A Hero

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

Q: There are ninety-four ________ courts in the United States which are the federal trial courts.

Q: Which of the following is NOT an exception to the exclusionary rule? A) independent source B) inevitable discovery C) intervening circumstances rule D) greater good exception

Q: The Fourth Amendment bars government from imposing excessive bail or fines.

Q: The authority of one court to review the proceedings of another court or of an administrative agency is known as ________ jurisdiction.

Q: The United States Supreme Court decision that requires prosecutors to turn over any evidence that tends to show the innocence of the defendant is: A) Gideon v. Wainwright. B) Batson v. Kentucky. C) Brady v. Maryland. D) Santobello v. New York.

Q: The Preamble and Articles of the U.S. Constitution reflect a social compact or contract between two primary parties"the people and the government.

Q: Since 1869, there have been ________ justices that sit on the U.S. Supreme Court.

Q: Under most domestic search warrants what legal standard must be established before a warrant will be issued? A) Certiorari B) Reasonable cause C) Reasonable suspicion D) Probable cause

Q: Treating individual liberties as the product of a negotiated contract is known as the natural rights theory.

Q: Mootness, ripeness, standing, political question, and case-or-controversy requirements all limit the authority of the judiciary.

Q: The right to a fair trial in federal cases stems from what constitutional source? A) The Fourth Amendment Speedy Trial Clause B) The Sixth Amendment Fair Trial Clause C) The Fifth Amendment Just Hearing Clause D) The Fifth Amendment Due Process Clause

Q: Generally, the powers held by the three branches of government under the Articles of the Constitution are treated as grants or investments of authority.

Q: Article I of the U.S. Constitution provides that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts as the Congress may from time to time ordain and establish."

Q: Which of the following rights within the Bill of Rights officially has not been incorporated and applied to the states through the Fourteenth Amendment? A) The right to counsel B) The right to a trial by jury in felony cases C) The right to a grand jury indictment D) The right against double jeopardy

Q: James Madison originally opposed the inclusion of a bill of rights during the Constitutional Convention.

Q: By statute, all federal judges are required to recuse from cases where "his/her impartiality might reasonably be questioned."

Q: In Citizens United v. Federal Election Commission (2010), the U.S. Supreme Court held that political spending is protected under the First Amendment, meaning corporations and unions could spend unlimited amounts of money on political activities, as long as it was done independently of a party or candidate. How does the Citizens United case affect the right to vote?

Q: During the states' ratification debates, many delegates reintroduced objections to ratifying the proposed Constitution without the inclusion of a bill of rights.

Q: One canon of statutory construction holds that a court will decide a case without addressing a constitutional issue if possible alternative grounds exist.

Q: Discuss whether you think sexual orientation should be entitled to the scrutiny standard. Explain your position.

Q: Which amendment provides accused persons the right to confront witnesses against them? A) Fourth Amendment B) Fifth Amendment C) Sixth Amendment D) Eighth Amendment

Q: One canon of statutory construction holds that if part of a statute is held unconstitutional, the remaining parts are to remain viable as long as it is logical to do so.

Q: What is the impact of the Voting Rights Act of 1965?

Q: Which amendment bars the government from imposing excessive bail? A) Fourth Amendment B) Fifth Amendment C) Sixth Amendment D) Eighth Amendment

Q: Originalism is an approach to interpreting the Constitution that allows courts to consider changes in social, economic, and political forces.

Q: What are the three exceptions to the strict scrutiny standard in alienage cases?

Q: Which amendment bars the government from infringing the right to bear arms? A) First Amendment B) Second Amendment C) Third Amendment D) Fourth Amendment

Q: Originalists hold that the Constitution should be interpreted to mean what the framers originally intended it to mean.

Q: What did the U.S. Supreme Court decide in United States v. Virginia (1996), also known as the VMI case?

Q: Which amendment bars the government against unreasonable searches and seizures? A) First Amendment B) Second Amendment C) Third Amendment D) Fourth Amendment

Q: Stare decisis refers to a Larn phrase that means "on the bench."

Q: What did the U.S. Supreme Court decide in Brown v. Board of Education (1955) also known as Brown II?

Q: Which amendment bars the government from abridging the freedom of religion? A) First Amendment B) Second Amendment C) Third Amendment D) Fourth Amendment

Q: It has been discovered through empirical research that there is little correlation between their political ideology (liberal to conservative) and voting patterns on cases.

Q: Explain the difference between the strict scrutiny test, intermediate scrutiny test, and the rational basis test.

Q: A theory of individual liberties that considers liberties to be the product of a negotiated contract is called: A) compact theory. B) natural rights theory. C) divine theory. D) instilled theory.

Q: One role courts perform in the U.S. is interpretation of law.

Q: What was the basis for the Civil Rights Act of 1964 to prohibit racial discrimination in places of public accommodation?

Q: According to the readings, which case BEST illustrates the fact that the Supreme Court generally has refrained from imposing any affirmative obligations (as opposed to negative restrictions) on the government when it comes to the Bill of Rights and Due Process Clause? A) Roe v. Wade B) Barron v. Baltimore C) Thompson v. Shillito D) DeShaney v. Winnebago County Department of Social Services

Q: The Constitution has been amended on two occasions in order to reverse a Supreme Court decision.

Q: Why is "state action" required for cases under the Equal Protection Clause?

Q: What phrase is used to describe the theory that governmental power can be limited by enumerating or listing the government's specific powers in a constitution? A) inclusio unis est exclusio alterius B) habeas corpus C) corpus maximus D) res judicata

Q: Article III provides for eight associate justices and one Chief Justice of the Supreme Court.

Q: What is the source found in the U.S. Constitution for equal protection as applied to both the federal and state governments?

Q: What is a "penumbra?" A) an umbrella that doubles as a pen B) a lunar shadow C) the name given to the most junior justice on the Court D) the name of a website for Supreme Court opinions

Q: U.S. Bankruptcy judges are examples of Article III judges.

Q: The Twenty-Fourth Amendment prohibits poll ________ which had been employed in some jurisdictions as a means of preventing blacks from voting.

Q: Which right is NOT explicitly mentioned in the Bill of Rights? A) Right to Privacy B) Right to Bear Arms C) Right to Due Process D) Right to Grand Jury Indictment in Capital Cases

Q: To sit on an Article III federal court, a person must be nominated by the President and confirmed by the House of Representatives.

Q: Government discrimination on the basis of wealth is subject to the ________ basis test under the Equal Protection Clause.

Q: If the Court decides to recognize a constitutional right to die (a right not currently recognized by the Court and not explicitly in the Bill of Rights) and require the states to recognize this right, what doctrine of incorporation would this reflect? A) total incorporation doctrine B) select incorporation doctrine C) selective incorporation D) fundamental fairness/implicit in concept of ordered liberty

Q: Stare decisis refers to the process of ordering a lower court to send a case up for review.

Q: In Boy Scouts of America v. Dale (2000), the U.S. Court refused to apply a New Jersey civil rights law to require the Boy Scouts to retain a homosexual troop leader because the Court concluded that it would violate the organization's right to the freedom of ________.

Q: The Supreme Court ruled that the right to privacy is constitutionally-protected liberty in ________. A) Adamson v. California B) Griswold v. Connecticut C) Rochin v. California D) Barron v. Baltimore

Q: Who has the power to impeach federal court judges? A) U.S. Senate B) U.S. House of Representatives C) U.S. Supreme Court D) President

Q: The separate but ________ doctrine in Plessy v. Ferguson (1896) was rejected by the U.S. Supreme Court in Brown v. Board of Education (1954).

Q: Would a professor at a public university be permitted to lead a class in saying a "Hail Mary" prayer in honor of college basketball team? Why or why not? A) yes, because the professor is not Congress B) no, because the first amendment alone would bar such activity C) yes, because the professor is not a state D) no, because the fourteenth amendment would preclude such activity

Q: What is the only federal court expressly created by the U.S. Constitution? A) U.S. Supreme Court B) U.S. Court of Appeal C) U.S. District Court D) U.S. Court of International Trade

Q: Government discrimination on the basis of race is subject to the ________ scrutiny test under the Equal Protection Clause.

Q: What constitutional provision has been used to make most of the provisions within the Bill of Rights applicable to the states? A) Fourteenth Amendment Due Process Clause B) Fourteenth Amendment Equal Protection Clause C) Fourteenth Amendment Privileges or Immunities Clause D) Fifth Amendment Due Process Clause

Q: The phrase "stare decisis" originates from a ________ phrase. A) Greek B) French C) Latin D) Russian

Q: Congress passed the Civil Rights Act of 1964 that banned ________ discrimination in places of public accommodation and prohibited employment discrimination based on race, sex, religion, color, or national origin.

Q: Which theory of individual rights is reflected in the Supreme Court's ruling in United States v. Verdugo-Urquidez (addressing the issue of whether the Fourth Amendment's protections against unreasonable searches and seizures apply to foreign citizens who are arrested and whose homes are searched by American agents in other countries)? A) Natural Rights Theory B) Compact Theory C) Creationism Theory D) Theory of alienability

Q: How many justices does it take to grant a Writ of Certiorari? A) all justices B) four C) five D) six

Q: In Heart of Atlanta Motel, Inc. v. United States (1964), the U.S. Supreme Court upheld civil right legislation barring discrimination in employment and places of public accommodation that affect inter-state ________ because Congress has the power to regulate under Article I of the Constitution.

Q: Which theory of individual rights is reflected in the Declaration of Independence provision stating that "all men . . . are endowed by their Creator with certain unalienable Rights?" A) Natural Rights Theory B) Compact Theory C) Creationism Theory D) Theory of Alienability

Q: Today, most cases heard by the Supreme Court come to it through: A) writ of certiorari B) appeal C) original jurisdiction D) notice of recall

Q: The state ________ requirement is an essential element to any due process or equal protection claim that requires sufficient government involvement.

Q: Currently, how many amendments have been added to the Constitution? A) 27 B) 26 C) 19 D) 10

Q: The Younger Doctrine provides that federal courts: A) shall abstain from interfering with state criminal proceedings in most instances. B) shall abstain from interfering with state criminal proceedings in all instances. C) shall abstain from interfering with state political question cases in all instances. D) both B and C are correct

Q: The constitutional guarantee that "No state shall ... deny any person within its jurisdiction the equal protection of the laws" is found in the ________ Amendment.

Q: How many amendments were originally proposed and submitted to Congress as the initial draft of the Bill of Rights? A) 8 B) 10 C) 12 D) 15

Q: The Eleventh Amendment was ratified as a result of what Supreme Court decision? A) Marbury v. Madison B) Powell v. McCormick C) Hans v. Louisiana D) Chisholm v. Georgia

Q: The Fifteenth Amendment provides that government cannot deny persons the right to ________ based on race, color, or previous servitude.

Q: According to the readings, which of the following provisions has not been formally applied to the states? A) Fifth Amendment right to a grand jury indictment in felony cases B) First Amendment right to peaceably assemble C) Fifth Amendment right against self incrimination D) Eighth Amendment right against cruel and unusual punishment

Q: Which of the following cases is most likely to be considered a political question and nonjudiciable? A) Gerrymandering. B) A congressional decision that an amendment has been ratified. C) A congressional subpoena of presidential records. D) A congressional decision to not seat an elected member of the House of Representatives.

Q: The Privileges or Immunities Clause prohibits states from denying persons the privileges or immunities of American ________.

Q: Who was primarily responsible for drafting the Bill of Rights? A) Benjamin Franklin B) Thomas Jefferson C) Thomas Paine D) James Madison

Q: As a general matter, a person's status as a taxpayer: A) establishes sufficient interest to challenge any law that is believed to be unconstitutional. B) does not establish sufficient interest to challenge any law. C) establishes sufficient interest to challenge expenditures of funds to which the taxpayer contributed, so long as the expenditure is unconstitutional. D) none of the above are correct.