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Law
Q:
In the Brown decision, the Supreme Court ruled that "separate but equal" _______were illegal.
Q:
In Wilson v. Seiter, the Supreme Court ruled that prisoners must not only prove prison conditions are objectively cruel and unusual but also show that they exist because of officials':
a. culpable negligence
b. deliberate indifference
c. criminal negligence
d. willful disregard of the conditions.
Q:
The Equal Protection Clause prohibits discrimination in jury selection only when it is based on race.
a. True
b. False
Q:
The Supreme Court held that any amount of bail exceeding that necessary to ensure a return to trial violated the Eighth Amendment in:
a. Stack v. Boyle
b. Gregg v. Georgia
c. Solem v. Helm
d. Ingraham v. Wright
Q:
Reverse discrimination consists of giving preferential treatment in hiring and promoting women and minorities to the detriment of white males.
a. True
b. False
Q:
At the end of 2009, all 36 states with the death penalty authorized ___________ as a method of execution.
a. the gas chamber
b. lethal injection
c. the electric chair
d. hanging
Q:
Jim Crow laws emerged across the south following the Supreme Court's ruling in Plessy v. Ferguson (1896).
a. True
b. False
Q:
The Bill of Rights was originally meant to apply only to the states, not the national government.
a. True
b. False
Q:
Explain what factors are considered when a defendant waives the right to counsel.
Q:
Discuss how the Sixth Amendment interacts with the First Amendment.
Q:
List the rights guaranteed by the Sixth Amendment.
Q:
Full due process rights are afforded to inmates in prison disciplinary proceedings.
a. True
b. False
Q:
List the five factors used to determine witness reliability in pre-trial identification procedures.
Q:
Even after Lincoln issued the Emancipation Proclamation, slavery remained entrenched in the states.
a. True
b. False
Q:
Rights and privileges are both legally protected.
a. True
b. False
Q:
Discuss the evolution of the right to be represented by an attorney during a criminal trial.
Q:
Affirmative action programs were created to spread equal opportunities throughout the diverse American population.
a. True
b. False
Q:
The Sixth Amendment requires an impartial and ___________ jury.
Q:
Unintentional acts of employment discrimination based on race, color, sex, religion, or national origin are prohibited by Title VII of the Civil Rights Act.
a. True
b. False
Q:
A _________ identification procedure is when only one individual is shown to the victim or witness.
Q:
The Thirteenth Amendment granted citizenship to the freed slaves.
a. True
b. False
Q:
A document filed against an inmate who has other criminal charges filed against him or her is called a ____________.
Q:
Supreme Court justices tend to evolve in their thinking once they are elevated to the Court. Therefore, the new Supreme Court justice may take opinions different from what might be expected by the President who nominated him or her or the Senate, which confirmed him or her. Is this a problem for the judicial system? Why or why not?
Q:
In Texas v. Cobb, the Supreme Court ruled that the Sixth Amendment right to counsel is ________-specific, applying only to the crime charged.
Q:
Impaired ______________ identification is a situation in which people of another race have difficulty recognizing facial attributes of other races.
Q:
Some advocate that judges, even those on the United States Supreme Court, should be strict constructionist's meaning a rigid reading and interpretation of the law. Take an opposing view and justify your answer.
Q:
Some commentators feel that the appointment of Supreme Court justices by the chief executive (the President of the United States) ensures that the Supreme Court will always be a political body, voting politically on cases that come before it. Do you agree? Why or why not?
Q:
The Sixth Amendment right to counsel presumes counsel is __________.
Q:
The Supreme Court has molded law enforcement from a job with complete discretion to one that is highly standardized with virtually every action officers take today subject to specific Supreme Court decisions. Is this a good thing for law enforcement? Why or why not?
Q:
Individuals may appear in court without an attorney, representing themselves, the Latin term for which is _______.
Q:
Opponents of judicial review contend that judges have too much power, while supporters believe there must be some watchdog to maintain the constitutionality of law. Which position do you most agree with? Justify your answer and give examples of recent cases or controversies that support your view.
Q:
The geographic location of a trial is known as its ____________.
Q:
If the Supreme Court declines to hear a case, it is __________the state's ruling. a. questioningb. upholding c. affirmingd. relinquishing
Q:
The Constitution directs that the president of the United States shall nominate a judge for appointment to the Supreme Court, which the ________must confirm. a. the Senateb. the House of Representatives c. the American Bar Association d. all of the above
Q:
The Sixth Amendment provides the accused with an attorney not only during trial but also at every _____________ of the criminal prosecution.
Q:
The first two requirements for a criminal trial are that it be speedy and ____________.
Q:
A Supreme Court appointment is a lifetime appointment, but can be terminated by a. impeachment.b. resignation. c. death.d. B and Ce. all of the above
Q:
The Supreme Court consists of one Chief Justice and _________ Associate Justices.a. 5b. 6 c. 8 d. 9
Q:
The Sixth Amendment requires that the trial occur in the district in which the crime was committed.
Q:
The right to counsel is the only Sixth Amendment guarantee which extends beyond the trial.
Q:
The caseload of the Supreme Court has increased rapidly in recent years with the current workload exceeding _______ cases per term.a. 10,000 b. 1000c. 500 d. 350
Q:
The vast majority of cases before the Supreme Court come from mandatory review of all appealed state supreme court cases.
a. True
b. False
Q:
The right to counsel extends not only to the trial, but to all subsequent appeals.
Q:
Martin v. Hunter's Lessee held that the Supreme Court can review and reverse state court decisions and can review pending state cases.a. Trueb. False
Q:
The right to counsel attaches when a person faces custodial interrogation.
Q:
The Sixth Amendment right to counsel is violated if police intentionally create a situation likely to result in an incriminating statement when that right has not been waived.
Q:
United States v. Klein overruled ExParte McCardle by holding that Congress did not have the right to limit the jurisdiction of federal courts.a. Trueb. False
Q:
Congress reserves the right to limit jurisdiction of federal courts, including the United States Supreme Court. a. Trueb. False
Q:
Representing oneself does not preclude a later claim of ineffective assistance of counsel.
Q:
The United States Supreme Court is the law of the land, no judicial or political body can overrule its decisions, and even the Supreme Court cannot overrule itself.
a. True
b. False
Q:
The United States operates its juvenile justice system under the parens patriae model where juveniles have no constitutional rights during adjudication.
Q:
In Codispoti v. Pennsylvania (1994), the Supreme Court has held that only more serious offenses require a jury trial, which means if any period of incarceration is a possibility.
Q:
In 1803, the United States Supreme Court established its power of judicial review in the case of______________.
Q:
The power of the Supreme Court to analyze decisions of other government entities and lower courts is known as_________.
Q:
Perhaps the most important "speedy trial" issue is whether the defendant was unduly harmed by the delay.
Q:
The Sixth Amendment embodies the concept of due process.
Q:
The Supreme Court has jurisdiction in cases dealing with foreign dignitaries or cases involving legal disputes between __________.
Q:
The Supreme Court has jurisdiction over cases that reach it on appeal and cases over which it has _________ jurisdiction.
Q:
The Supreme Court applied Sixth Amendment rights to juveniles in:
a. In re Winship
b. California v. Hodari D
c. In re Gault
d. Brewer v. Williams
Q:
The judicial power of the Supreme Court can be found in__________ of the Constitution.
Q:
For prisoners, cases based on Sixth Amendment rights involve the right to a speedy trial and the problem of:
a. extradition
b. detainer
c. incarceration
d. inter-facility transfer
Q:
Describe the influence of the Supreme Court on the justice system.
Q:
The Wade-Gilbert Rule requires that a lawyer be present during:
a. post-indictment lineups.
b. the arraignment.
c. the preliminary hearing.
d. pre-indictment lineups.
Q:
Explain the types of opinions that may be written by Supreme Court justices, who may write them, and the purpose of each.
Q:
The Sixth Amendment right to a public trial requires a balance with the public's ________ rights.
a. First Amendment
b. reasonable access.
c. the Fifth Amendment.
d. compelling public interest
Q:
Which is not one of the three conditions set forth in Faretta v. California that must be met before a person can represent him or herself?
a. awareness of the right to counsel.
b. valid waiver
c. competency
d. legal knowledge
Q:
Explain the process used in deciding which cases will be heard by the Supreme Court.
Q:
Which is not one of the factors a court would use in determining witness reliability in show-up identifications?
a. Opportunity to view defendant during crime.
b. Level of attention witness was paying.
c. Level of intelligence the witness demonstrates.
d. The witness' level of certainty in his or her identification.
Q:
Describe the authority the Supreme Court has and how it has come by this authority.
Q:
Describe the ideological makeup of the current Supreme Court. In your opinion, do labels such as "liberal" or "conservative" provide an accurate portrayal of the current Court? Explain.
Q:
In Douglas v. California the Court held that the right to counsel extends to:
a. the first appeal at all levels.
b. the first appeal at the state level only.
c. the first appeal at the federal level only.
d. all appeals.
Q:
A peremptory challenge seeks to remove a potential juror for:
a. lack of knowledge or intelligence.
b. bias for the defendant.
c. bias against the defendant
d. any reason whatsoever.
Q:
It can be interpreted from TheFederalistPapersthat the Supreme Court was assigned the awesome task of practically overseeing the ___________.
Q:
The justices not only render decisions, they also __________the Constitution.
Q:
During _________, the justices consider administrative matters and write opinions, but do not hear cases.
Q:
Potential jurors are questioned by both sides to determine impartiality in a process called:
a. peremptory challenging
b. jury nullification
c. voir dire
d. habeus juris
Q:
Which of the following is not a "critical stage" requiring the Sixth Amendment right to counsel?
a. At sentencing.
b. At the arraignment.
c. During post-indictment identifications
d. Investigation prior to suspect being charged.
Q:
All questions are allowed, and politics become readily apparent, during a Supreme Court nominee's ________ process.
Q:
The Supreme Court held that denying legal counsel for a defendant at trial in a capital case was a denial of due process in:
a. Barker v. Wingo
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
Q:
The Supreme Court has effectively created most of its own power and authority through the process of ___________.