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Law
Q:
Searches with a warrant:
a. are presumed to be unreasonable.
b. must be executed within 36 hours to be valid
c. are presumed to be reasonable.
d. are unlimited in scope.
Q:
What key factor of the Water Resources Development Act's Harbor Maintenance Tax made it a tax on exports rather than a user fee according to the decision in United States v. United States Shoe Corp. (1998)?
Q:
The Constitution places one specific requirement on the federal government's power to impose a tax on duties and imposts. What is it?
Q:
The Supreme Court ruled that unannounced cell searches or shakedowns did not require warrants, did not violate inmates' Fourth Amendment rights, and were justified by the need to maintain order in:a. Morrissey v. Brewerb. Bell v. Wolfishc. Gideon v. Wainwrightd. Griffin v. Wisconsin
Q:
You are a sheriff and have been receiving complaints about your deputies. It appears that half of the stops and arrests have been of African-American youths, though this minority is only 10% of the population in your county. Citizens are charging your department with racism and racial profiling. You have every confidence that your deputies are acting with professionalism, but the mayor has asked that you write a justification for this disproportionate impact on minority groups in the area. What would you include in this note to the mayor?
Q:
The Constitution places one specific requirement on the federal government's power to impose an excise tax. What is it?
Q:
In general, Congress may tax for _______.A. RevenueB. To regulate behaviorC. For the general welfareD. None of the aboveE. All of the above
Q:
You are a senior police officer in the department and have been tasked by the Chief of Police to draft a policy on how police officers should deal with high-speed chases. There have been several complaints and newspaper articles about recent car chases that ended in the death or serious injury of the drivers. Additionally, some citizens are concerned that high-speed chases in residential neighborhoods are a danger to children and others. You know that many important arrests have been made as a result of such chases. Write a short policy on high-speed chases, explaining what police officers should do and justifying the policy.
Q:
You are preparing to train new police officers on the use of force. Using the Graham factors, explain how a Court will look at the reasonableness of force used by a police officer. Also provide an example to the class of a failure to meet the standard.
Q:
In National Federation of Independent Business v. Selbelius the Court _______.A. Upheld congressional power to justify laws under its commerce powerB. Upheld congressional power to justify laws under its taxing powerC. Neither A nor BD. Both A and B
Q:
Steward Machine Co. v. Davis upheld the constitutionality of _______.A. Social SecurityB. MedicareC. MedicaidD. All of the above
Q:
A citizen was killed with three shots fired by a police officer, who was investigating a break-in at the scene of the shooting. The deceased was actually the homeowner who had called the police in the first place. The police officer is quite distraught. Relate the story from the responding police officer's perspective that would provide sufficient facts to justify the killing.
Q:
Springer v. United .States. set the precedent that _______.A. The federal government may tax the statesB. The federal government may tax exportsC. The federal government may tax incomesD. None of the above.
Q:
You are a police officer and have pulled over a motorist on suspicion of drunk driving, based on your personal observation of the car weaving and repeatedly crossing the double yellow line in the middle of the road. When you approach the vehicle, the driver gets out of the car and starts to run away. Assume that you are authorized under state law to "shoot to injure" a fleeing suspect. What would you do? Why? What if shooting to injure was the only way to stop the suspect? Would this change your answer?
Q:
Hylton v. United .States. defines a direct tax as a tax on _______.A. landB. capitationC. individualsD. A and BE. A and C.
Q:
When a vehicle is subject to a traffic stop, a passenger in a vehicle is considered _________for the purposes of the Fourth Amendment.
Q:
Why did the framers bar states from imposing duties on imports or exports?A. Only the federal government could levy taxes.B. The Constitution banned all taxes by states.C. The framers wanted to ensure that goods from the states would move freely.D. None of the above.
Q:
The decision in Oregon Waste Systems v. Department of Environmental Quality of the State of Oregon (1994; case involving fees imposed on landfill activities) is a good example of the principle that _______.A. states may not place a tax on interstate commerce.B. states may not impose a tax that discriminates against interstate commerce.C. a state may tax interstate commerce at higher rates than it taxes intrastate commerce if the goal is environmental protection.D. under a state's police powers it may tax the importation of hazardous materials from another state even if that tax is so high that such importation is no longer economically viable.
Q:
Because a traffic stop is brief and occurs in public, it is not considered an ________requiring Miranda warnings.
Q:
If a police officer stops a person based on reasonable suspicion that the person was recently involved in an active indecent exposure, the stop would be justified, but a ________might not be.
Q:
In McCray v. United States (1904) the Court held that the justices should not consider the motivations behind a federal tax law in considering the law's constitutionality, but in Bailey v. Drexel Furniture (1922) the Court held that congressional motivations were a relevant factor in such decisions. Which of these two rulings better represents the current state of the law on this question?A. McCray v. United States.B. Bailey v. Drexel Furniture.
Q:
Based on the Court's decision in South Carolina v. Baker (1988), _______.A. it is unconstitutional for the federal government to tax income from state and municipal bondsB. it is unconstitutional for the federal government to tax income from registered state and municipal bondsC. it is unconstitutional for the federal government to tax income from state and municipal bearer bondsD. the Constitution does not prohibit the federal government from taxing income from state and municipal bonds regardless of the form in which they are issued
Q:
Means v. McDonald held that a stop may last as long as ________in serious cases.
Q:
Though there is no rigorous time limit on how long a person may be detained, factors to be considered include the reasonableness of the time used for the investigation that officers wish to conduct, the reasonableness of the means of investigation used by the officer, and the ________.
Q:
The Constitution stipulates that a tax on exports _______.A. must be apportioned on the basis of populationB. may be imposed by the federal government, but not by the statesC. may be imposed by the states, but not by the federal governmentD. may not be imposed by the federal or state governmentsE. must be geographically uniform
Q:
Courts in some states have upheld vehicle stops on a suspected drunk driver based ona. anonymous tips. b. broken glass.c. a urinalysis.d. Facebook entries.
Q:
In Adams v. Williams, the Court held that the requisite suspicion to make a stop can be established bya. an anonymous phone call. b. a jailhouse confession.c. personal observation by a police officer. d. an informant's tip.
Q:
Pollock v. Farmers' Loan & Trust (challenge to the federal income tax act of 1894) came before the Supreme Court on two occasions. Taking both decisions into account, which of the following actions did the Supreme Court not take?A. It ruled that a tax on the income from land was essentially the same as a tax on land itself.B. It ruled that taxing the income from state and municipal bonds was an unconstitutional encroachment on the state's power to borrow money.C. It struck down the entire income tax law.D. It held that a tax on land (or a tax on the income from land) was a direct tax, and to be valid it must be apportioned on the basis of population.E. None of the above. Each of the above statements describes an action the Court did take.
Q:
Assume for purposes of this question that the federal government has adopted the Organic Foods Act to regulate the production and distribution of organic goods. While this act is controversial in many aspects, one section in particular has received national attention. According to Section 193, "Congress, in conjunction with the FDA and the Department of Agriculture, will set standards for all organic foods served in the nation's elementary, middle, and secondary schools." The states, however, in conjunction with local school boards, are directed "to certify that any agricultural commodity, regardless of its point of origin, meets two requirements. First, the producer or distributor must submit documentation of the methods used to produce it. Second, samples of the commodity must pass certain tests for the presence of chemicals, synthetic hormones, genetic alterations, and other nonorganic substances." The states and school districts are directed to provide testing services, which are often quite expensive.
Minnesota School District No. 720 challenges the law, arguing that it is up to the states and local school districts to regulate the food served in their own states. The district files suit, alleging that the regulations violate the "dormant" Commerce Clause. As a justice on the Supreme Court, how would you rule in this case?
Q:
Since a stop is a seizure within the meaning of the Fourth Amendment, it requiresa. police involvement. b. reasonableness.c. adverse possession.d. clear and convincing evidence.
Q:
The brief detention of a person based on specific and articulable facts for the purpose of investigating suspicious activity is known asa. a BOLO. b. an arrest.c. an interview. d. a stop.
Q:
Congress has passed a law that prohibits shipment across state lines of lager, licorice, and lawn furniture produced by left-handed Americans of Lithuanian descent. Congress feels that employers in these particular industries had historically discriminated against this subgroup of the population. Members believe that they could pass such legislation based on a power that could be implied from various enumerated powers (e.g., the powers to lay and collect taxes, to borrow money, and to regulate commerce among the several states).
The state of Missouri disagrees, arguing that such legislation may be appropriate to remedy discrimination against federal employees, but it does not pertain to the states. In its view, this is not an issue involving interstate commerce but rather solely an attempt by the government to interfere with intrastate commercea thinly veiled attempt by Congress to impose its own moral views on the state.
How would Chief Justice Marshall decide this case? Whose argument would he support? How might his view on this case differ from that of Chief Justice Taney? How would Taney decide the case? The question presented here is not asking whether the law is constitutional per se; rather, it is requesting that you evaluate and analyze the approaches Marshall and Taney would take in their opinions. If you were a justice on the Court, whose approach would you support? Marshall's? Taney's? Neither justice's?
Q:
The Supreme Court has gone through a long and cyclical relationship concerning the federal government's use of the Commerce Clause. In other words, at some points in history the federal government has been granted wide discretion in its use of the commerce power, while at others it has been "reined in" by the Court. Using the major cases that we have discussed, explain how the federal government's power to control commerce has changed from Gibbons v. Ogden through Heart of Atlanta Motel. Be sure to include a discussion of the different ways the Court has defined "commerce." Finally, in light of the most recent Commerce Clause cases we have read, what do you think is the current state of Commerce Clause powers? Why?
Q:
The elements of a seizure includea. intending to seize the object or person. b. a warrant.c. an arrest.d. a prior warning.
Q:
Although a stop and an arrest are quite different, they are both regulated by the Fourth Amendment.
a. True
b. False
Q:
Explain what is meant by the term "stream of commerce" and how the Court justified this interpretation of commerce during the nineteenth 19th century.
Q:
A warrant is generally required to stop and frisk an individual based on reasonable suspicion.
a. True
b. False
Q:
What are the key points in Gibbons v. Ogden that led to an expansive reading of the Commerce Clause?
Q:
What constitutional provision did Chief Justice Roberts use to justify the constitutionality of the Affordable Care Act? Why did he argue that this law could not be upheld under the power to regulate interstate commerce?
Q:
When stopping in individual based on reasonable suspicion, the police officer may search the individual's outer clothing as well as the area within the suspect's immediate control.a. Trueb. False
Q:
Justice Stevens argues that the circumstances in Raich are different from those in Lopez or Morrison. What his rationale for this argument? Do you agree or disagree? Why?
Q:
Arresting a person requires probable cause to justify the seizure and a warrant is preferable, but not required.
a. True
b. False
Q:
What is meant by the term "police power"?
Q:
What was meant by the term "dormant commerce clause" (sometimes called the "negative commerce clause")?
Q:
Some states do not require that a person submit to or be in the physical control of an officer to be considered seized.
a. True
b. False
Q:
What is the community caretaking doctrine?
Q:
Under the authority of what provision of the Constitution did Congress pass the Civil Rights Act of 1964?
Q:
Explain when an arrest may be made.
Q:
List the elements of an arrest.
Q:
In March 1937 President Franklin Roosevelt proposed legislation to reform the federal judiciary. In that proposed statute, what specific changes did Roosevelt recommend for the U.S. Supreme Court?
Q:
In United States v. Lopez (1995) the Supreme Court held that the Gun-Free School Zones Act was an unconstitutional use of the federal power to regulate commerce. Four justices dissented in an opinion written by Justice Breyer. What was the basis of the argument presented by the minority?
Q:
Discuss the controversial topic of use of force and the landmark cases guiding officer behavior.
Q:
The "switch in time that saved nine" refers to what? What switched? What was saved?
Q:
Intrastate commerce is commerce that takes place _______.A. Among one or f more states onlyB. Between two states onlyC. Within one state onlyD. Within one region only
Q:
Explain when vehicles may be stopped and what officers can and cannot do
Q:
Compare and contrast a stop and an arrest.
Q:
Morrison, Lopez, and Jones all indicate _______.A. That the Rehnquist Court agreed with the decisions in Wickard and DarbyB. That the Rehnquist Court did not think the commerce clause gave Congress a blank check to regulate any activity that might be construed as commerceC. That the Court would now stop all regulations under the commerce clauseD. All of the above.
Q:
Darby and Wickard created the era where the Court _______.A. Greatly increased the power of Congress to regulate interstate commerceB. Severely limited the power of Congress to regulate interstate commerceC. Simply ignored most commerce clause issuesD. None of the above.
Q:
Police may arrest for an unwitnessed felony based on _______________.
Q:
Police officers are allowed, without reasonable suspicion of any criminal acts, to approach and detain citizens for _____________purposes.
Q:
Public opinion concerning the Court-packing plan _______.A. Was favorable nationwideB. Was unfavorable nationwideC. Was largely unchangedD. Was in favor of an alternate to the plan
Q:
Who provided the crucial vote known as the "switch in time"?A. Justice McReynoldsB. Justice SutherlandC. Justice Van DevanterD. Justice ButlerE. Justice Roberts
Q:
A(n) __________is the taking of a person into custody for the purpose of holding him to answer a criminal charge.
Q:
A situation in which the police take someone in for questioning in a manner that is, in reality, an arrest, but without the requisite probable cause is called _________________________.
Q:
In Champion v. Ames (1903;) lottery case), the Supreme Court held that _______.A. arranging for the interstate transportation of lottery tickets is primarily a matter for state, not federal, regulation.B. in evaluating the constitutionality of Congress's use of the Commerce Power, the Supreme Court must take into account the motives behind Congress's actions.C. the regulation of commerce can be motivated only by economic considerations, not for morality purposes.D. All of the above.E. None of the above.
Q:
Common law has held that anyone witnessing certain crimes may make a(n) ___________and then turn that individual over to authorities.
Q:
In A. L. A. Schechter Poultry Corp. v. United States (1935) the justices held that _______.A. although federal regulation of the Schechters' poultry business was constitutionally permissible, the federal poultry codes were the product of an unconstitutional delegation of power to the executive branchB. although the federal poultry codes were constitutionally valid, their application to the Schechters' poultry business was constitutionally invalid because the Schechters were operating in intrastate commerceC. the federal regulation of food products for safety and cleanliness was constitutionally permissible, but the poultry codes as drafted were unconstitutionally vagueD. the federal poultry codes were the result of an improper delegation of legislative power to the executive branch, and the regulation of the Schechters' poultry business was an unconstitutional infringement on the state's right to regulate intrastate commerce
Q:
When a reasonable person believes he or she is not free to leave, a(n) ________has occurred.
Q:
Which of the following is not like the others in terms of doctrinal outcome?A. United States v. E. C. Knight Co. sugar -refining case.B. National Labor Relations Board v. Jones & Laughlin Steel Corporation labor relations case.C. Carter v. Carter Coal regulation case.D. United States v. Morrison sexual assault case.E. A. L. A. Schechter Poultry Corp v. United States poultry code case.
Q:
Stopping a vehicle to search for evidence of a crime under the guise of a traffic stop is called a ___________.
Q:
The "Four Horsemen" (Justices Van Devanter, McReynolds, Sutherland, and Butler) were known for their _______.A. support of Roosevelt's Court-packing planB. steadfast support for federal power to regulate the economyC. consistent votes to strike down New Deal legislationD. active promotion of effective state efforts to deal with the DepressionE. support of federal trust-busting efforts
Q:
In Swift & Company v. United States (1905) and Stafford v. Wallace (1922) the Supreme Court ruled that federal efforts to regulate cattle stockyards as well as stockyard dealers and commission men were valid under _______.A. the Shreveport doctrineB. the stream of commerce doctrineC. the Lopez doctrineD. the commercial intercourse doctrineE. the doctrine of selective exclusiveness
Q:
The length of an investigative detention should be measured in _________.
Q:
Police may not enter a private home without the appropriate warrant(s) to make a routine felony arrest unless _______________exist.
Q:
In United States v. E. C. Knight Co. (1895) the Supreme Court held that the federal government could not regulate the sugar -refining industry because the refining process was an intrastate activity that had no direct effect on interstate commerce.A. True.B. False.
Q:
Which of the following constitutional doctrines speaks directly to a situation in which the federal government regulates an aspect of intrastate commerce that is so intertwined with interstate commerce that a failure to regulate it would injure interstate commerce?A. The Shreveport doctrine.B. The stream of commerce doctrine.C. The Lopez doctrine.D. The commercial intercourse doctrine.E. The doctrine of selective exclusiveness.
Q:
An estimated 95 percent of all arrests are made ____________________.
Q:
Checkpoints at or near international borders require justification to stop all vehicles.
a. True
b. False
Q:
De facto arrests are legal since officers are in the process of developing probable cause.
a. True
b. False
Q:
In Gibbons v. Ogden (1824), the Supreme Court _______.A. upheld the New York steamship monopoly because it was a state regulation of intrastate commerceB. held that navigation was commerce and that the Gibbons/Vanderbilt steamship operation was validly operating in interstate commerce under a permit issued by the federal governmentC. held that steamship movement from New Jersey to New York was considered interstate commerce under the stream of commerce doctrineD. held that New York had the right to regulate commercial navigation in its waters (including the right to impose a monopoly) because the federal government had not yet entered into the field of regulating navigation