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Law
Q:
In Train v. City of New York the Court ruled that _______.A. The president must enforce laws enacted by the legislature even if the president opposes them.B. The president has full discretion to enforce laws the way he sees fit.C. The president must consult closely with Congress on how to enforce federal laws.D. None of the above.
Q:
An examination of a person, place, or vehicle for contraband or evidence of a crime is known as a seizure. a. Trueb. False
Q:
A taking by a government agent of contraband or evidence of a crime is a search. a. Trueb. False
Q:
Who is second in line to assume the presidency in the event of a president's death, resignation, or disability?A. The Vice-PresidentB. The first ladyC. The Speaker of the HouseD. The president pro -tempore of the Senate
Q:
According to the Court, presidents have the power to remove _______.A. inferior executive officersB. major executive officersC. any executive officer they want to removeD. no executive officers without the consent of the Senate
Q:
Describe two exceptions to the exclusionary rule.
Q:
Discuss the exclusionary rule.
Q:
The Presentment Clause establishes that _______.A. every bill passed by the House of Representatives shall be presented to the president to sign.B. every bill passed by the Senate shall be presented to the president to sign.C. every bill passed by both the Senate and the House of Representatives shall be presented to the president to sign.D. every bill written by the president shall be presented to Congress for passage.
Q:
When the president is enforcing a federal law, he is exercising a (n) _______ power.A. ministerialB. executive
Q:
Explain the law of stop and frisk and why it is needed.
Q:
In Re Neagle (1890; dispute involving a possible attempt on Justice Field's life) generally supported _______.A. an expansive view of the president's power to see that the laws are faithfully executed.B. a restrictive view of the president's power to see that the laws are faithfully executed.C. ending the justices' obligation to ride circuit.D. the decision of California authorities to prosecute Neagle on attempted murder charges.
Q:
Explain informational and observational probable cause.
Q:
Explain reasonable suspicion.
Q:
Which of the following presidents was/were impeached by the U.S. House of Representatives?A. Richard NixonB. Bill ClintonC. Andrew JohnsonD. A and BE. B and CF. A, B, and C
Q:
There was no limit on the number of terms a president could serve until _______.A. the ratification of the Eleventh Amendment in 1795B. the ratification of the Twelfth Amendment following the confused presidential election of 1800C. the ratification of the Civil War AmendmentsD. the ratification of the Twenty-second Amendment in 1951E. the ratification of the Twenty-sixth Amendment in 1971 (which also established the minimum voting age at eighteen)
Q:
The exception to the exclusionary rule referring to instances in which the preponderance of evidence suggests the defendant's guilt and that the illegal evidence is not critical to proving the case is known as __________.
Q:
Evidence seized in violation of a person's constitutional rights is prevented from being admitted into court by the ____________.
Q:
Each state is given a number of Electoral College votes _______.A. equal to its number of seats in the U.S. House of RepresentativesB. based on its proportion of the national populationC. equal to its combined number of seats in the U.S. House of Representatives and the SenateD. none of the above
Q:
The law of _________was established in the landmark case of Terry v. Ohio.
Q:
During his terms in office, President George W. Bush faced a number of politically difficult situations. One of the most visible of the domestic problems he encountered involved the Enron scandal. During his second full year in office, Bush, along with his vice president, Dick Cheney, spent a lot of time fending off attacks concerning their dealings with Enron. Specifically, the Bush White House was publicly chastised for setting policies supported by Enron that actually helped the corporation. In short, many observers believed that the Bush White House supported Enron, and may therefore have helped prop up its illegal activities.
Senator. Henry Waxman was chosen to head the Senate committee charged with investigating "possible illegal activity surrounding the failure of Enron, and the possible involvement of the President and Vice President." The committee called Cheney and several of his top aides to appear and testify regarding their involvement in the Enron corporate scandal. Reluctantly, Cheney's chief of staff finally agreed to appear before the committee.
Senator Waxman asked Cheney about his involvement with Enron generally, but as his testimony continued, Waxman's questions became more specific. He asked, "Did you engage in any illegal activity regarding the Enron Corporation?" as well as, "Did you know of anyone who did engage in illegal activity regarding Enron?" Cheney refused to answer these questions, claiming that they were beyond the scope of the committee's charter. The committee held him in contempt.
Senator Waxman, upon the completion of Cheney's testimony, called him "a complete liar, and an underhanded cheater, willing to do anything to make money," and asserted that "he was simply part of the Texas oil mob good ole boys network." These comments were made directly to Cheney's face in the Senate committee's chambers. While the hearings were taking place, Waxman was negotiating with a major publisher to write a book about the Enron hearings, which would include Cheney's testimony as well as Waxman's own thoughts and comments about the process. At the conclusion of Cheney's testimony, Waxman appeared on numerous news programs and talk shows to promote his book and talk about the testimony, repeating his earlier comments about Cheney's honesty.
Vice President Cheney sued Waxman on several grounds. First, he claimed that Waxman had libeled him and sought $10 million in damages. Second, he challenged the committee's authority to investigate this subject matter. He argued that the committee's charter was too vague and the questions posed to him were a violation of his First Amendment rights of association.
Suppose you are a Supreme Court justice. How would you decide this case?
Q:
A ________is a brief detention of a person based on specific and articulable facts for the purpose of investigating suspicious activity.
Q:
For purposes of Questions 28 and 29, assume that it is November 2006. Republicans still control the U.S. Supreme Court (seven Republicans and two Democrats) but a Democrat, Howard Lark, is now president of the United States, and Democrats control the House of Representatives. The Democratic Party also controls the Senate. But in the election of 2006 the party lost several seats, such thatbeginning in January 2007, when the new senators are to be sworn inthe Senate is going to be controlled by Republicans, though by a slim margin (forty-nine Democrats and fifty-one Republicans).
While Terminator's case against the Senate committee was pending in federal court, the Senate decided to take action against him. In December 2006 it voted to exclude him from the Senate and directed the Senate majority leader (a Democrat) to inform the governor of California that the seat was vacant.
The governor, Dreg Mavis (another Democrat), not only was quick to call a new election but also decided to run in itas the Democratic candidate to replace Terminator. As it turned out, and much to the delight of the Democratic Party, Mavis won the election. He was sworn in as a member of the U.S. Senate in January 2007. Livid about this turn of events, Terminator brought another suit against the Senate, claiming that it did not have the power to deny him a seat since he met all the qualifications for office: he was thirty, had been a U.S. citizen for more than nine years, and so on.
Believing that Terminator might have a plausible legal argument, and knowing that the U.S. Supreme Court was controlled by Republicans, Democrats in the Senate decided to take yet another step: they removed the Court's authority to hear cases centering on the power of Congress to refuse to seat members. Both houses quickly passed the legislation, and the president signed it.
This step, however, did not deter Terminator. Not only did he proceed with his challenge to the Senate's authority to exclude him, but he also made an additional claim: Congress cannot take away the Court's jurisdiction to hear this class of case.
Suppose you are a justice on the Supreme Court. Would you decide this case on its merits (that is, would you determine whether Congress could exclude members), or would you dismiss it on the ground that the Court lacked jurisdiction to decide it and/or that the dispute itself is nonjusticiable?
Q:
Officers wanting to make an unannounced entrance to execute a warrant may request a ________warrant.
Q:
For purposes of Questions 28 and 29, assume that it is November 2006. Republicans still control the U.S. Supreme Court (seven Republicans and two Democrats) but a Democrat, Howard Lark, is now president of the United States, and Democrats control the House of Representatives. The Democratic Party also controls the Senate. But in the election of 2006 the party lost several seats, such thatbeginning in January 2007, when the new senators are to be sworn inthe Senate is going to be controlled by Republicans, though by a slim margin (forty-nine Democrats and fifty-one Republicans).
During his 2006 campaign to become a U.S. senator, the famous movie star Clint Terminator (a Republican from California) was under constant attack from the major newspapers in California. Among the most serious charges reported in the press was that Terminator had sexually harassed or even assaulted as many as fifteen women between 2000 and 2005.
Despite these and other allegations of improper (perhaps even illegal) behavior, Terminator won the election by a wide margin. But his troubles were not over. The Democratic attorney general of California had begun an investigation into Terminator's activities to determine whether he had violated any state laws,. And the lame-duck Democratic Senate saw the investigation as a way to regain control of the Senate: if it could get rid of Terminator and elect a Democrat in his place, the Senate would be divided evenly, with fifty senators from each party. This situation would enable Lark's vice president to break any ties.
One week after the election, on November 15, 2006, the Senate, pursuant to Article I, Section 5, of the U.S. Constitution, formed a committee specifically to investigate the accusations of sexual harassment against Terminator. The charge to this committee, the Select Committee on Ethics, read as follows: "The Senate of the United States will not tolerate misconduct on the part of its members or potential members. The Senate charges the Select Committee on Ethics with the task of determining whether Clint Terminator engaged in illegal or questionable activities. To this end, the committee may gather any information and call upon any witnesses it deems relevant."
The first witness called to testify before the committee, Terminator's agent, revealed an interesting piece of information: since 1995 Terminator had kept an extensive computer journal of all his activities. Upon hearing this information, the committee asked Terminator to turn over a computer disk containing the contents of his journal. The committee also called Terminator to testify before it.
Terminator agreed to allow the congressional committee to review everything in his journal except accounts of "personal, private family matters." Once the committee consented to this request, Terminator turned over the disk. But, much to the committee's dismay, no entries for the years 2001 to 2003 were included not on the disk. When the committee asked him about this, Terminator said he had accidentally erased the files for those years from his hard drive. Knowing that a computer expert could recover the information, the committee requested that Terminator to turn over his computer. Terminator refused, claiming that he would not have an opportunity to excise personal entries. But the committee members did not buy his argument; instead, they it voted unanimously to force him to turn over the computer.
When Terminator appeared before the committee, he again refused this request. When the chair of the committee asked him why, Terminator refused to answer. He also would not answer the chair's next questions: "With how many women have you had sexual relations over the last five years?" "Did you discuss your sexual relations with anyone? A friend, a family member?" In fact, immediately after the chair asked these questions, Terminator stated that he would not answer any of the committee's questions.
The committee cited Terminator for contempt, and he challenged its orders in a federal court. He alleged that (1) the committee could not conduct investigations into this particular subject, (2) the committee's purpose was too vague, and (3) the committee's questions lacked pertinence.
Suppose you are the judge hearing this case. Based on U.S. Supreme Court precedent, how would you rule on each of these claims and why?
Q:
Issuing magistrates must be _______and detached.
Q:
The Constitution does not provide an absolute right to be free from government intrusion, only ___________________.
Q:
Has the Supreme Court been more willing to uphold actions taken by Congress or the president that violate the separation of powers on domestic issues or on issues relating to foreign relations?
Q:
Do you think term limits should be imposed on Members of Congress?
Q:
The Fourth Amendment also requires that any search or arrest warrant be based on __________.
Q:
Explain, with examples, the different types of powers held by Congress. Argue whether you believe Congress has unlimited powers or whether it should be constrained, and how, by other branches of government.
Q:
A ________is a limited pat down search for weapons for the protection of the government agent and others.
Q:
What reasons did the Court use to strike down the National Industrial Recovery Act in Panama Refining Co. V. Ryan (1935), and A. L. A. Schechter Poultry Corp. v. United States?
Q:
The Fourth Amendment forbids _________searches and seizures.
Q:
What rationale did Chief Justice Marshall use to justify the congressional delegation of power to the judiciary in Wayman v. Southard (1825)?
Q:
A private store detective can search a shopper without first obtaining a warrant.
a. True
b. False
Q:
Airline employees inspecting luggage are not governed by the Fourth Amendment.
a. True
b. False
Q:
Describe the grounds on which the Supreme Court declared the legislative veto unconstitutional in the case of Immigration and Naturalization Service v. Chadha (1983).
Q:
Why was there a larger debate about the third provision of the Virginia Plan than about the first two provisions?
Q:
Reasonable, articulable suspicion is the key determinant of whether a judge will grant officers a warrant to search or arrest.
a. True
b. False
Q:
Summarize Justice Sutherland's argument in U.S. v. Curtiss-Wright Export Corp. (1936) in support of Congress's delegation of power to the president.
Q:
Probable cause can be established after a search or arrest is made.
a. True
b. False
Q:
The Court seemed to reverse itself in the two years between Watkins v. United States (1957) and Barenblatt v. United States (1959). What might explain the Court's change of opinion in such a short period of time?
Q:
Any intrusion on a person's freedom, including stopandfrisk situations, involves Fourth Amendment protections.
a. True
b. False
Q:
Discuss the Court's opinion in McGrain v. Daugherty (1927). How did it alter Congress's power to investigate scandals like Teapot Dome?
Q:
The Miranda warning must be given during any stop.
a. True
b. False
Q:
Evidence that has been seized illegally by an independently-acting private person and turned over to the police is inadmissible in court as fruit of the poisonous tree.
a. True
b. False
Q:
In his opinion in McCulloch v. Maryland (1819), what three factors does Chief Justice Marshall use to evaluate whether a law is constitutional?
Q:
Furtive conduct may not be considered part of the totality of circumstances when establishing probable cause.
a. True
b. False
Q:
One consideration in determining whether a search or seizure is reasonable is whether a person's reasonable expectation of privacy has been violated by the government.a. Trueb. False
Q:
Discuss how the Court dealt with the Speech or Debate Clause in two cases decided after Gravel. Explain whether the Court expanded or contracted the freedom this clause gives to members of Congress in each case.
Q:
In Gravel v. United States (1972; dispute over Senator. Mike Gravel's making public the contents of the Pentagon Papers), the Court ruled on the coverage of the Speech or Debate Clause. Based on the Court's ruling, did the Speech or Debate Clause protect (a) Senator Gravel? (b) Senator Gravel's legislative aide? (c) the publisher of the press that printed the papers given him by Gravel?
Q:
In U.S. Term Limits v. Thornton (1995) the Court struck down the term -limits law enacted by the state of Arkansas. Four justices dissented in an opinion written by Clarence Thomas. Summarize Thomas's opinion in support of the constitutionality of the Arkansas law.
Q:
Probable cause to arrest means officers reasonably believe that a crime has been committed by the person whom they seek to arrest.
a. True
b. False
Q:
The old Latin maxim, Delegata potestas non potest delegari, means _______.A. Delectable laws are the best lawsB. A power once delegated cannot be redelegatedC. The president can never act until Congress gives him the authority to do soD. The president has the sole authority to declare war
Q:
The Constitution provides:
a. an absolute right to be free from government intrusion.
b. a right to be free from government intrusion unless a warrant has been issued.
c. a right to be free from unreasonable government intrusion.
d. a right against any form of intrusion by public or private parties.
Q:
After INS v. Chadha, _______.A. Congress stopped employing the legislative vetoB. Congress continued to use the legislative vetoC. Presidents stopped vetoing legislationD. Presidents asked to have the legislative veto reinstated
Q:
The _________is based on the belief that when an officerinnocent of misconductlawfully executes a warrant, the possibility that the warrant itself was issued without sufficient probable cause should not withhold valuable evidence from the trial.
a. harmless error doctrine
b. inevitable discovery doctrine
c. good faith exception
d. valid, independent source doctrine
Q:
The exclusionary rule was established at the federal level in the 1914 case of:
a. Terry v. Ohio.
b. Wolf v. Colorado.
c. Mapp v. Ohio.
d. Weeks v. United States.
Q:
In Mistretta v. U.S. (the Sentencing commission case) the Court ruled that _______.A. Congress cannot delegate powers to an independent commissionB. Congress can delegate powers to an independent commissionC. The U.S. Sentencing commission is constitutionalD. The U.S. Sentencing Commission is unconstitutionalE. Both B and CF. Both A and DG. None of the above
Q:
In Gravel the Court decided that _______.A. The Speech and Debate Clause protects members of Congress and aidesB. The Speech and Debate Clause does not protect activities not related to the legislative processC. Both A and BD. Neither A nor B
Q:
In Arizona v. Fulminante, the Court ruled that the harmless error doctrine applies to cases involving admissibility of:
a. spontaneous utterances
b. involuntary confessions
c. evidence that would have inevitably been discovered
d. evidence obtained with an invalid warrant
Q:
In Segura v. United States (1984), although evidence discovered during an illegal entry into an apartment was excluded, evidence later found in the apartment with a warrant obtained with information totally unconnected with the illegal entry was admissible under the:
a. valid, independent source doctrine
b. confidential source doctrine
c. harmless error doctrine
d. reliable informant exception
Q:
The most prevalent focus in Article I, Section 8, of the Constitution is on _______.A. Foreign policyB. Internal matters of CongressC. Economic issuesD. The military
Q:
In United States v. Curtiss-Wright Export Corp. the Court decided that _______.A. Congress has the authority to delegate powers to the executiveB. Congress does not have the authority to delegate powers to the executiveC. The executive has the power to delegate authority to the legislatureD. The executive does not have the power to delegate authority to the legislature
Q:
Deterring government misconduct is the primary purpose of the:
a. good faith exception
b. exclusionary rule
c. Supreme Court
d. citizen review board
Q:
Federal lawsuits against police are filed under Title 42 of U.S. Code, Section 1983Civil Action for Deprivation of __________.a. Equal Protectionb. Due Processc. Civil Rightsd. Human Rights
Q:
The House Un-American Activities Committee mainly dealt with investigating _______.A. citizens who belonged to the Green PartyB. citizens who belonged to the Dixiecrat PartyC. citizens who belonged to the Communist PartyD. citizens who belonged to the Nazi Party
Q:
Which of the following would not prove exigent circumstances to justify entry by police without first announcing their presence and purpose?
a. A crime is in progress.
b. Illegal gambling is occurring at night.
c. Evidence would be destroyed
d. Making the officer's presence known would endanger them.
Q:
The totality of the circumstances test made establishment of probable cause by use of _________easier for police.
a. warrantless investigative stops
b. informants
c. victim reports
d. articulable reasonable suspicion
Q:
McGrain v. Daugherty stemmed from which scandal?A. Teapot DomeB. WhitewaterC. WatergateD. Iran-Contra
Q:
The exception to the exclusionary rule that deems evidence admissible even if seized in violation of the Fourth
Amendment when it can be shown that the evidence would have been discovered through lawful means is:
a. harmless error doctrine
b. good faith exception
c. inevitable discovery doctrine
d. valid, independent source doctrine
Q:
In McCulloch v. Maryland, the Court argued that _______.A. a state may tax a federal bankB. the federal government may tax a state bankC. a state may not tax a federal bankD. the federal government may not tax a state bank
Q:
The power of the legislature to investigate and hold hearings is an _______ power.A. impliedB. inherentC. amendment-enforcingD. enumerated
Q:
The ________doctrine states that evidence obtained as a result of an earlier illegality must be excluded from trial.
a. prior taint
b. attenuation of the taint
c. fruit of the tainted seizure
d. fruit of the poisonous tree
Q:
The exclusionary rule:
a. is a constitutional right under the Fourth Amendment
b. is a Congressionally created remedy
c. was promulgated by the Senate.
d. safeguards rights through its deterrent effect.
Q:
Which of the following is an inherent power held by Congress?A. The power to create a national bank.B. The power to conduct foreign policy.C. The power to coin money.D. The power to enact tariffs.E. The power to raise armies.F. The power of judicial review.
Q:
"Where the facts and circumstances within the officers' knowledge and of which they had reasonably trustworthy information is sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed" is the Supreme Court's definition of:
a. reasonable suspicion
b. probable cause
c. a preponderance of the evidence
d. beyond a reasonable doubt
Q:
John Marshall's decision in McCulloch v. Maryland (1819; national bank case) with respect to the powers of Congress is more closely related to the position articulated by which the following?A. Thomas JeffersonB. Alexander Hamilton
Q:
With respect to Powell v. McCormack (1969), which of the following statements is false?A. The House of Representatives unconstitutionally excluded Adam Clayton Powell from his seat because he was properly elected and met the age, residency, and citizenship requirements for office.B. The House of Representatives unconstitutionally expelled Adam Clayton Powell from his seat because he was properly elected and met the age, residency, and citizenship requirements for office.C. The Constitution stipulates the eligibility requirements for membership in the House, and Congress may not impose additional requirements.D. The House improperly excluded Adam Clayton Powell but could have expelled him after seating him.
Q:
In United States v. Banks, the Court held that officers must wait a reasonable amount of time after knocking and before forcible entry and that, in this case, a ________ wait satisfied the Fourth Amendment.
a. 1 to 2 minute
b. 30 seconds to 1 minute
c. 15 to 20 second
d. 5 to 10 second