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Law
Q:
Since their actions can ultimately result in arrest, private security officers must inform suspects of their Miranda rights prior to interrogation.
Q:
The U.S. Supreme Court has original jurisdiction:
a. in cases dealing with foreign dignitaries and in legal disputes between states.
b. in cases brought before it on appeal.
c. when citizens claim violations of their rights under the Constitution.
d. in cases dealing with treaties and those involving federal officials.
Q:
Lying by the police to obtain a confession is a violation of the Fifth Amendment.
Q:
The first Supreme Court was established by the:
a. Bill of Rights
b. Federalist Papers
c. Federal Judiciary Act of 1789
d. First Amendment
Q:
The prohibition against double jeopardy prevents a second trial for the same offense for any reason.
Q:
The framework for the federal judiciary is:a. based on common law.b. found in the Declaration of Independence. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. Constitution.
Q:
In our American adversarial judicial system, attorneys represent both the suspect and the people. Frequently, defense attorneys are asked, "how can you defend someone accused of such a horrible crime?" Assume that you are defense attorney and need to answer this question. How would you answer it?
Q:
The Fifth Amendment requires just compensation when the government takes property.
Q:
The adult criminal justice system emphasizes punishment, while the juvenile justice system emphasizes rehabilitation of the offender. Do you think the rehabilitative emphasis of the juvenile justice system is still valid today? Explain your answer.
Q:
A suspect who has invoked only his right to silence cannot be re-approached to seek a waiver on a different case.
Q:
A geographic area in which a case may be heard is known as a. venue.b. concurrent jurisdiction. c. original jurisdiction.d. general jurisdiction.
Q:
When a person on the witness stand "pleads the Fifth," they are asserting their right against self-incrimination.
Q:
Which of the following would not violate the right against double jeopardy?
a. A second prosecution for the same offense after acquittal.
b. More than one punishment for the same offense.
c. Independent trials for an offense in both state and federal courts.
d. Lesser-included offenses tried after initial trial.
Q:
A court that is authorized to hear cases first, try them, and render decisions is known as a court of a. primary jurisdiction.b. original jurisdiction.c. appellate jurisdiction. d. exclusive jurisdiction.
Q:
The Fifth Amendment privilege against self-incrimination comes into play:
a. whenever a law enforcement officer questions a suspect, whether in custody or not.
b. only during custodial interrogation.
c. only at trial.
d. whenever incriminating information is being communicated.
Q:
Courts that may hear a wide range of cases have ______jurisdiction.
Q:
In re Gault assured juveniles:
a. the right to a jury trial.
b. due process in the legal system.
c. the right to be tried as an adult in certain cases.
d. the right against self-incrimination.
Q:
To avoid relying on a case that has been overturned or otherwise rendered invalid, attorneys and paralegals use a reference technique known as _________________.
Q:
Early English judge-made law, based on customs and traditions that will follow throughout the country, is known as ____________.
Q:
In prisoners' rights cases the Fifth Amendment arises:
a. infrequently.
b. quite often, involving nearly half of all lawsuits filed by prisoners.
c. very often, involving more than 80 percent of all lawsuits filed by prisoners.
d. neverprisoners are not protected by the Fifth Amendment.
Q:
The only unincorporated right guaranteed by the Fifth Amendment is the right to:
a. be a witness against oneself.
b. a grand jury indictment.
c. due process of law.
d. just compensation when government takes private property.
Q:
The __________, written in the fifth century B.C., distinguished public and private laws and influenced legal thought throughout the Middle Ages.
Q:
Which of the following is not true about grand juries?
a. Choice of jurors determined by state law.
b. Does not make a determination of guilt.
c. May initiate investigations.
d. Different jury for each case.
Q:
The public safety exception was established in:
a. Jacobson v. United States.
b. Katz v. United States.
c. New York v. Quarles.
d. Illinois v. Perkins.
Q:
_____means to make law through a legal process.
Q:
Which of the following is not a part of the Miranda warning?
a. You have the right to remain silent.
b. If you cannot afford a lawyer, one will be appointed for you without cost.
c. You may stop answering questions at any time you choose.
d. Anything you say can and will be used against you in court.
Q:
The basic purpose of the United States legal system is to ensure fairness in balancing individual and societal needs while the same time preventing excessive government power. Some people think it's become too complicated balancing these interests and justice has been compromised. What do you think? Please explain your view on this giving at least two examples that support your view.
Q:
There are two schools of thought regarding the purpose of the criminal justice system, one advocating the crime control model and another at the due process model. How do they differ? Which one do you prefer? Why?
Q:
Statements, including confessions, will not be admissible in court if obtained while violating a person's right to reasonable expectation of privacy under the:
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Fourteenth Amendment
Q:
The two competing models often identified when discussing the purpose of the criminal justice process include crime control anda. staredecisis.b. conflict theory.c. the supremacy clause. d. due process.
Q:
The two prominent theories about the underlying purpose of law are consensus theory and a. social contract.b. conflict theory. c. positivism.d. crime control.
Q:
The precedent case for analyzing confession issues is:
a. Terry v. Ohio.
b. Miranda v. Arizona.
c. Escobedo v. Illinois.
d. Massiah v. United States.
Q:
The conception and planning of an offense by an officer and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer is:
a. ensnarement
b. entrapment
c. framing
d. a set up
Q:
Consensus theory is based on a philosophy proposed by French historian-philosopher, Montesquieu. a. Trueb. False
Q:
Legal positivists suggest people should not create law in conflict with the natural order. a. Trueb. False
Q:
In order for a confession to be admissible it must be:a. voluntary.b. true.c. independently corroborated.d. in writing.
Q:
A paradigm is a boundary or parameter that outlines a rule is based on experience. a. Trueb. False
Q:
You are the on-duty desk sergeant. A man walks in and says "I killed someone and want to confess." You grab your digital voice recorder and direct the man to a chair at your desk. He sits down and tells the tale of what turns out to be a first-degree murder. You record every word, including the numerous instances in which you said "Uh-huh" and "I see." Satisfied that the subject did, indeed, commit a murder, you place him under arrest.The confession is:a. inadmissible because recording it was a violation of the subject's reasonable expectation of privacy.b. inadmissible because the subject was in a coercive environment (police station), was therefore in custody for purposes of Miranda, and the encouragement to continue was interrogation.c. admissible under the "public safety" exception to Miranda as the subject was a danger to the officer and public.d. admissible as a voluntary statement when the subject was neither in custody nor interrogated for purposes of Miranda.
Q:
It is not unconstitutional to obtain a confession by:
a. deprivation of food, drink, and sleep
b. psychological coercion
c. trickery and deceit
d. threats, but not acts, of violence
Q:
Determining if a case has been overturned or expanded on is done by:a. reading the dicta of the original case.b. visiting the courthouse of the original case. c. contacting the attorneys of record.d. using the most recent copy of Shepard's citations.
Q:
The due process voluntariness test is "whether the totality of the circumstances that preceded the confession deprived the defendant of his"¦":
a. reasonable expectation of privacy
b. power of resistance
c. self-incrimination rights
d. determination to remain silent.
Q:
A case brief does not include any dissenting opinions. a. Trueb. False
Q:
If a court remands a case, it isa. supporting the lower court's opinion. b. overturning the opinion.c. returning the case to the lower court. d. dissenting with the majority.
Q:
The first confession case decided by the Supreme Court was:
a. Miranda v. Arizona.
b. In re Gault.
c. New York v. Quarles.
d. Brown v. Mississippi.
Q:
Police actions that would "shock the conscience" were found to violate due process in:
a. Miranda v. Arizona.
b. Rochin v. California.
c. In re Gault.
d. Katz v. United States.
Q:
A legal opinion contains a statement of the legal issues presented, but not the relevant rules of law. a. Trueb. False
Q:
Contrast the criminal and juvenile justice systems.
Q:
In which scenario would Miranda warnings be required?
a. Suspect in custody for an unrelated offense.
b. When suspect appears to testify before grand jury.
c. undercover officer poses as inmate and asks incriminating questions.
d. during line-ups, show-ups, and photographic identifications.
Q:
At issue in Dickerson v. United States was Section 3501 of the Omnibus Crime Control and Safe Streets Act of 1968 which stated that the admissibility of statements should turn only on whether they were voluntarily made, and not only on whether:
a. coercive tactics were used.
b. Miranda warnings had been given.
c. custodial interrogation had occurred.
d. the statement was made without an attorney present.
Q:
Discuss how the Constitution ensures individual liberty.
Q:
Explain the basic purpose of the American legal system and why American law is said to be a living law.
Q:
Explain the difference between a crime and a tort.
Q:
Miranda warnings must be given to a suspect interrogated in police custody, defined as when the suspect is:
a. under arrest.
b. facing criminal charges.
c. not free to leave.
d. reasonably free to leave the situation.
Q:
Discuss in detail the similarities and differences between the consensus theory and conflict theory.
Q:
The Miranda warning must be given:
a. immediately upon arresting an individual.
b. only to those suspects interrogated in the custody of police.
c. to all witnesses who may be called upon to testify in court.
d. to anyone being interrogated by the police.
Q:
The court of last resort in most federal cases is the ___________.
Q:
Which of the following statements would probably constitute an invocation of Miranda rights?
a. "I think I may have said too much."
b. "If I don"t like your questions, it's lawyer time."
c. "I"ll talk, but I"m not signing that waiver form."
d. "I"m done talking to you."
Q:
______________describes the authority of a court to review cases and to either affirm or reverse the actions of a lower court.
Q:
The Supreme Court effectively set an expiration date on the right to counsel invocation by announcing a new "14 day break in custody" rule in:
a. Edwards v. Arizona
b. Arizona v. Roberson
c. United States v. Dunn
d. Maryland v. Shatzer
Q:
The USA PATRIOT Act improves counter-terrorism efforts by all of the following, except:
a. allowing investigators to use tools already available to investigate organized crime and
drug trafficking.
b. facilitating information sharing and cooperation among government agencies.
c. increasing penalties for those who support or commit organized crime.
d. Updating the law to reflect new technologies and new threats.
Q:
The ________doctrine prevents the court from getting prematurely involved in a case that may eventually be resolved through other means.
Q:
The U.S. Supreme Court established the right to counsel during police interrogation for all criminal suspects in:
a. Escobedo v. Illinois
b. Miranda v. Arizona.
c. Dickerson v. United States
d. Fikes v. Alabama
Q:
___________ describes the authority of a court to hear cases first, try them and render decisions.
Q:
Those who ____law create it.
Q:
When considering the characteristics of the accused, all of the following would apply, except:
a. if the accused is of low intelligence.
b. if the accused is mentally ill.
c. if the accused is intoxicated.
d. if the accused is remorseful.
Q:
No Miranda warning is required if there is no seizure of the person as long as the police do not:
a. convey the message that compliance is required.
b. secretly intend to arrest the person at a later time.
c. ask the person any incriminating questions.
d. let the person voluntarily come to the police station.
Q:
Courts with general jurisdiction may hear a wide range of cases, whereas those of_____ jurisdiction hear a much narrower range of cases.
Q:
Local jurisdictions, such as at the county or municipal level, may enact their own specific codes, often referred to as _____.
Q:
The U.S. Supreme Court held that confessions obtained through brutality and torture by law enforcement officials are violations of constitutionally protected due process rights in:
a. Brown v. Mississippi
b. Fikes v. Alabama
c. Katz v. United States
d. Dickerson v. United States
Q:
The exclusionary rule prohibits the use of confessions obtained in violation of a person's constitutional rights and those that are otherwise coerced for all of the following reasons, except:
a. they are inherently unreliable.
b. to do otherwise would be a violation of due process.
c. of a need to hold government accountable by holding such confessions inadmissible.
d. the concern for public safety is not a Fifth Amendment issue.
Q:
Stare decisis is a common law doctrine requiring that _____ set in one case shall be followed in all cases having the same or similar circumstances.
Q:
Which of the following is not guaranteed or prohibited by the Fifth Amendment?
a. right against self-incrimination
b. trial by jury
c. double jeopardy
d. just compensation
Q:
As a term in American law, common law is synonymous with _____law.
Q:
Overrepresentation of racial and ethnic minorities in arrest, prosecution, imprisonment and capital punishment as both the product of inequality and an expression of prejudice against minorities may be explained by ______ theory.
Q:
Which of the following is not one of the criteria that must be met for plain view?
a. The original intrusion is legal only because it is pursuant to a valid warrant.
b. The items are plainly observed while in the permissible scope of the original intrusion.
c. The original intrusion is legal because the officers are present legally.
d. The items are immediately recognizable as evidence or contraband.
Q:
Clerks of court are responsible for keeping the courtroom proceedings orderly and dignified.
a. True
b. False
Q:
An act must be distinguished as either a crime or a tort; it cannot be both.
a. True
b. False
Q:
When government agents are lawfully executing a warrant they:
a. must obtain another warrant if they find additional illegal items.
b. can seize any contraband, even if not specified in the warrant.
c. can continue searching the premises after what was specified in the warrant is found.
d. can take anything they want for any reason.
Q:
Regardless of the level of jurisdiction, a statutory law may not violate the Constitution.
a. True
b. False
Q:
Which of the following would not constitute a lawful warrantless search?
a. dumpster-diving
b. looking at curtilage from the air
c. using a thermal imaging device to find a "grow" room
d. covert involuntary DNA sampling