Accounting
Anthropology
Archaeology
Art History
Banking
Biology & Life Science
Business
Business Communication
Business Development
Business Ethics
Business Law
Chemistry
Communication
Computer Science
Counseling
Criminal Law
Curriculum & Instruction
Design
Earth Science
Economic
Education
Engineering
Finance
History & Theory
Humanities
Human Resource
International Business
Investments & Securities
Journalism
Law
Management
Marketing
Medicine
Medicine & Health Science
Nursing
Philosophy
Physic
Psychology
Real Estate
Science
Social Science
Sociology
Special Education
Speech
Visual Arts
Law
Q:
After the President nominates a judge for appointment to the Supreme Court, the ___________must confirm the nomination.
Q:
Gideon v. Wainwright established that indigent defendants are to be provided lawyers when faced with a(n):
a. custodial interrogation
b. deprivation of liberty
c. period of incarceration exceeding one year
d. adversary criminal proceeding
Q:
The case establishing that indigents must be provided an attorney if they have been accused of misdemeanor offenses and the penalty could include incarceration is:
a. Barker v. Wingo.
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
Q:
An opinion that agrees with the majority is called a _________opinion.
Q:
The current Supreme Court is considered by many to be _________ .
Q:
Decisions that favor the government's interest in prosecuting and punishing offenders over recognition or expansion of individual rights tend to be classified as _________decisions.
Q:
The Supreme Court has never incorporated this segment of the Sixth Amendment to apply to the states, although it does fall within the due process clause of the Fourteenth Amendment.
a. Being informed of the accusation.
b. Right to a jury trial.
c. Right to compulsory process.
d. Confrontation rights.
Q:
The Sixth Amendment guarantees a right to counsel during:
a. civil proceedings.
b. hostile contractual negotiations.
c. criminal proceedings.
d. any and all court proceedings
Q:
________is a Latin term that means "to be informed."
Q:
In ExparteMcCardle (1868), Congress reserved the right to limit the jurisdiction of federal courts, including the Supreme Court.a. Trueb. False
Q:
The test used by courts when determining whether pretrial identification procedures were constitutional is the:
a. harmless error test
b. totality of the circumstances test
c. preponderance of the evidence test
d. undue influence test
Q:
Which is not one of the reasons the Sixth Amendment requires a speedy trial:
a. uncertainty about the outcome causes undue stress.
b. some defendants remain in jail because they cannot afford or have been denied bail.
c. the government incurs additional expenses.
d. cases generally improve with more time.
Q:
In the case of Martin v. Hunter's Lessee, the final determination was that the Supreme Court had the authority to review cases involving federal law, even though the case is pending in a state court.a. Trueb. False
Q:
The Supreme Court has original jurisdiction in any criminal case where controversies over the death penalty are involved.
a. True
b. False
Q:
The case establishing that indigent defendants accused of a felony must be provided a lawyer was:
a. Barker v. Wingo.
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
Q:
One Sixth Amendment guarantee is:
a. the defendant's right to confront adverse witnesses.
b. having all court proceedings on the record.
c. having an independent investigation.
d. indictment by a grand jury.
Q:
A petition is a written statement from the Court.
a. True
b. False
Q:
The Supreme Court has tremendous power through the process of judicial review.
a. True
b. False
Q:
Whether a trial is sufficiently speedy is determined by the length of the delay, the reason for the delay, ________________, and the harm caused.
a. court review of the facts
b. the prosecution's waiver of the right
c. the relevance of the delay
d. the defendant's assertion of this right
Q:
The framers of the Constitution were very specific as to how the Supreme Court was to be organized.
a. True
b. False
Q:
Ineffective assistance of counsel claims can be based on the:
a. gravity of the offense charged.
b. accessibility of witnesses for the defense.
c. failure to take normal and routine steps before trial.
d. counsel's inexperience compared to the complexity of the case.
Q:
Due to its strict conformance to stare decisis, the Supreme Court cannot overrule itself.
a. True
b. False
Q:
A waiver of one's Sixth Amendment right to counsel must be all of the following, except:
a. in writing.
b. knowing.
c. voluntary.
d. intelligent.
Q:
The Supreme Court, powerful as it is, cannot override the will of the majority expressed in acts of Congress.
a. True
b. False
Q:
Mempa v. Rhay held that a convicted offender has the right to assistance of counsel at ________________ in which the sentence has been referred.
a. inmate disciplinary hearings
b. probation revocation hearings
c. hearings before a parole board
d. inmate grievance boards
Q:
In determining which cases to hear, the justices are often looking for cases involving matters that directly influence the law and the nation.
a. True
b. False
Q:
The Supreme Court has interpreted the Sixth Amendment to mean that an accused has the constitutional right to counsel at:
a. every critical stage during a criminal proceeding.
b. any critical stage, excluding post-trial appeals.
c. every critical stage after arraignment.
d. any stage in the criminal investigation.
Q:
Decisions made by the Supreme Court affect the everyday lives of Americans.
a. True
b. False
Q:
In Brewer v. Williams, the Christian Burial Speech case (involving the search for the body of a missing girl), the Supreme Court determined there was:
a. an inevitable articulation exception to the Sixth Amendment.
b. a deliberate elicitation of an incriminating statement.
c. the functional equivalent of interrogation.
d. intimidation resulting in an involuntary statement.
Q:
The Supreme Court established its authority as the final interpreter of the Constitution in the case of:
a. Martin vs. Hunter's Lessees
b. Ex parte McCardle
c. Plessy v. Ferguson
d. Marbury v. Madison
Q:
A statement obtained in violation of a person's constitutional rights will only be permitted in court to:
a. corroborate the defendant's protestations of innocence.
b. impeach the defendant's perjured testimony at trial.
c. impeach defense witnesses during cross-examination.
d. provide aggravating factors in the sentencing phase.
Q:
Of the following statements about dissenting opinions, all are accurate except:
a. They carry no legal authority.
b. They date to the King's Bench of Great Britain in 1792.
c. They are often used in hope of influencing future decisions.
d. They carry the same legal authority as the majority opinion.
Q:
Massiah v. United States (1964) held that a critical stage requiring a lawyer includes when a defendant is:
a. made aware a crime has been committed.
b. approached by the police.
c. determined to be indigent.
d. charged with a crime.
Q:
The Star Chamber was:
a. the old Supreme Court chamber located in the U.S. Capitol.
b. an English court that tried people in secret with no regard to due process.
c. a group of highly revered lawyers who drafted the Sixth Amendment.
d. an 1880s theatrical group that taught the public the true meaning of "due process."
Q:
Since the origin of the Supreme Court, justices have served.
a. nearly 40
b. between 60 and 65
c. more than 100
d. nearly 210
Q:
Escobedo v. Illinois (1964)held that:
a. no Miranda warning is required during a stop and frisk.
b. Miranda does not need to be given by private police.
c. an individual being investigated by police may not be denied counsel.
d. indigent defendants are entitled to a lawyer when seeking an appeal.
Q:
When the Supreme Court denies certiorari, it means the Court:
a. is upholding the lower court ruling.
b. believes the case lacks merit.
c. finds the issue moot.
d. takes no official position on the case.
Q:
The first prong of the two-pronged test to establish a claim of ineffective counsel requires the defendant to show:
a. representation falling below an objective standard of reasonableness.
b. representation whose incompetence "shocks the conscience."
c. representation falling below community standards of excellence.
d. representation that resulted in an unfavorable outcome.
Q:
The current Supreme Court:a. overwhelmingly supports judicial review.b. is impartial on the issue of judicial review.c. supports the expansion of rights for offenders within the criminal justice system.d. is perceived to be a "law and order" court that supports expanded discretionary authority for criminal justice professionals.
Q:
The number of women who have served on the Supreme Court through 2010 is:
a. zero
b. one
c. three
d. four
Q:
The case which authorized the Court to maintain a position of the ultimate de facto lawmaker by deciding what legislation is and is not constitutional is:
a. Martin vs. Hunter's Lessees
b. Ex parte McCardle
c. Plessy v. Ferguson
d. Marbury v. Madison
Q:
Explain Miranda requirements as they relate to private security.
Q:
Discuss the USA PATRIOT Act, its elements, and how it aims to improve the nation's
counter-terrorism efforts.
Q:
The Court has jurisdiction over two general types of cases, cases that reach it on appeal and cases over which the Court has:a. original jurisdiction.b. appellate jurisdiction.c. the power of judicial reviewd. subject-matter jurisdiction
Q:
Federal judges (including Supreme Court justices) can be removed from their office "on impeachment for and conviction of" all of the following, except:a. high crimes and misdemeanorsb. treasonc. dereliction of dutyd. bribery
Q:
Describe the challenge to Miranda presented in Dickerson v. United States (2000) and the Supreme Court's ruling.
Q:
Explain the public safety exception to the Miranda warnings.
Q:
The percentage of cases submitted to the Supreme Court which are summarily denied, having no justices expressing an interest in them is approximately:
a. 30%
b. 50%
c. 70%
d. 90%
Q:
Describe at least eight instances in which Miranda need not be given.
Q:
The minimum number of justices required to vote in favor or granting certiorari to review a case is:
a. 2
b. 4
c. 3
d. 1
Q:
______________ is a deliberate "end run" around Miranda by purposely withholding warnings until after a confession is obtained and then giving Miranda to re-ask the question (and is unconstitutional).
Q:
It is the Supreme Court's responsibility to monitor government infringement on civil rights according to the doctrine of:a. strict constructionb. judicial restraintc. judicial reviewd. natural law
Q:
Martinv.Hunter"sLesseeheld that the Supreme Court could: a. reverse state court decisions that involved federal legal issues. b. declare acts of Congress unconstitutional.c. be the final arbiter in disputes between states.d. have original jurisdiction in cases involving Constitutional issues.
Q:
The _______________ Act strengthens the ability of the Justice Department and the FBI to monitor suspected terrorists and their associates.
Q:
Which of the following is not within the power of the Supreme Court?
a. It can override the will of the majority expressed in an act of Congress.
b. It can require redistribution of political power in every state.
c. It can issue proactive opinions to address and avoid future controversies.
d. It has original jurisdiction in all cases involving ambassadors, other public ministers and consuls.
Q:
The ______________ exception allows police to questions suspects without first giving Miranda warnings if information sought sufficiently affects the officers' and the public's safety.
Q:
________________ is questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in a significant way.
Q:
The only other court or legislative body that can overrule a Supreme Court decision is:
a. another federal court having original jurisdiction.
b. the lower court to which the case was remanded.
c. Congress, with a three-fourths vote in the House and a two-thirds vote in the Senate.
d. no other body may overrule the U.S. Supreme Court.
Q:
The current Chief Justice is:
a. Sandra Day O"Connor.
b. William Rehnquist
c. Clarence Thomas
d. John G. Roberts, Jr.
Q:
A purposeful, voluntary giving up of a known right is a ____________.
Q:
False confession cases in which the suspect acquiesces to escape from a stressful situation, to avoid punishment, or gain a promised or implied reward are called ______________ confessions.
Q:
Strict construction refers to:
a. a justice expressing hostility or anger in an opinion.
b. a rigid reading and interpretation of a law.
c. the manner in which our legal system was designed and developed.
d. a lenient means of interpreting the law.
Q:
The ability of a president to select a Supreme Court justice is a powerful political opportunity because:
a. the justice selected will treat that president with favoritism, should they ever be involved in a legal dispute.
b. the justice selected must rule the way the president wishes.
c. it might be possible to select a candidate with similar political views.
d. most judicial candidates are powerful people themselves.
Q:
Supreme Court decisions that are pro-person accused or convicted of a crime, pro-civil liberties or civil rights claimants, pro-indigents, pro-Native Americans and anti- government are considered to be:
a. Liberal decisions
b. Conservative decisions
c. Libertarian decisions
d. Independent decisions
Q:
The requirement that laws themselves be fair and not just how laws are enforced refers to ___________ due process.
Q:
The voluntariness of a confession is determined by the ________________ and the characteristics of the accused.
Q:
In ExparteMcCardle (1868), Congress reserved the right to:
a. overrule Supreme Court decisions with a two-thirds vote of the Senate.
b. limit the jurisdiction of federal courts, including the Supreme Court.
c. limit the jurisdiction of federal courts, but not the Supreme Court.
d. override the Constitution by promulgating unconstitutional law.
Q:
How many justices sit on the Supreme Court?
a. five
b. seven
c. eight
d. nine
Q:
Statements are not admissible in court if obtained while violating a person's Fourth Amendment right to a reasonable ___________.
Q:
The reason a Supreme Court appointment is lifetime is:
a. so a justice may not be unduly influenced.
b. because it is very time consuming to select and train a justice.
c. because it would be age discrimination to require them to retire.
d. to continue the political legacy of the appointing President.
Q:
____________ due process is constitutionally guaranteed rights of fairness in how the law is carried out or applied.
Q:
The Miranda warning must be given during lineups, show-ups, and photographic identifications.
Q:
Of the cases put before the Court, it accepts for review about:
a. 1%
b. 10%
c. 50%
d. 85%
Q:
When the Court grants certiorari, it will:
a. officially end that term.
b. hear and decide that case.
c. consider hearing that case.
d. allow the ruling of the lower court to stand.
Q:
A waiver of Miranda is valid even if the suspect thought the questioning was going to be about a minor crime and the questioning switched to a more serious crime.
Q:
The laws that emanate from the Supreme Court:
a. are the law of the land.
b. may be appealed to another court having similar jurisdiction.
c. constitute statutory law.
d. may hold only until the end of the presiding chief justice's term.
Q:
The case of Marburyv.Madisonestablished:
a. lifetime appointment for justices.
b. that the Supreme Court has the authority to review acts of Congress.
c. that police must notify suspects of their rights prior to questioning.
d. that the Supreme Court must function only as an appellate court.
Q:
A "soft" Miranda warning recited less harshly and directly than is imprinted on most Miranda cards is permissible if all four warnings are adequately conveyed to the suspect.
Q:
The precedent case for analyzing confessions issues is Miranda v. Arizona.
Q:
Judicial review refers to:a. a quarterly review of the Supreme Court by Congress.b. the rating system that allows American citizens to express their level of satisfaction regarding Supreme Court rulings.c. the methodology used by a president in selecting a justice for appointment to the Supreme Court.d. the power of the Supreme Court to analyze the constitutionality of decisions of other government entities and lower courts.