Q&A Hero

Q: Electronic surveillance: a. is governed by the Fourth Amendment. b. never requires a warrant. c. produces no intrusion on one's reasonable expectations of privacy. d. requires a warrant only when entry on premises is necessary to conduct the surveillance.

Q: The Durkheimian perspective saw punishment as revenge and a means to restore and solidify the social order. a. True b. False

Q: Routine searches at our national borders require: a. reasonable suspicion. b. consent. c. probable cause. d. no justification.

Q: A significant influence on the development of the American legal system was the system of common law that evolved in England during the Middle Ages. a. True b. False

Q: Case law is promulgated by legislatures or governing bodies. a. True b. False

Q: Robbins v. California specified all of the following justifications for warrantless vehicle searches, except: a. mobility produces exigent circumstances. b. vehicles occupants are in plain view. c. diminished expectation of privacy in a vehicle. d. vehicle searches do not require the probable cause necessary for a warrant.

Q: The Supreme Court reduced law enforcement's authority to search the passenger compartment of a vehicle incident to arrest in: a. Arizona v. Gant b. Carroll v. United States c. United States v. Simmons d. New York v. Belton

Q: State supreme courts derive their power from the United States Constitution. a. True b. False

Q: Each state has its own federal circuit court of appeals. a. True b. False

Q: Officers can conduct a limited protective search incident to in-house arrest __________ that anyone dangerous is hiding in the home. a. without any suspicion b. with reasonable suspicion c. with probable cause d. with specific, articulable facts

Q: The doctrine of staredecisisfirmly prevents the law from changing or reconsidering itself in matters in which undesirable law resulted. a. True b. False

Q: A search can be incident to arrest only if it is substantially ___________ with the arrest and is confined to the immediate vicinity of the arrest. a. extemporaneous b. noncontemporary c. contemporaneous d. asynchronous

Q: For which of the following does Title III require a warrant? a. Electronic surveillance (wiretap) b. Recording phone conversations with consent of one of the two parties to the conversation. c. Using a pen register to obtain the numbers dialed from a telephone. d. Randomly intercepting cordless and cellular phone conversations.

Q: The U.S. Supreme Court's chief function is as an appellate court. a. True b. False

Q: Simply put, a law is: a. that which those in power deem to be right and just. b. a rule with the power of government behind it. c. a matter of interpretation, being different things to different people. d. the way a society is defined.

Q: Searches of vehicles incident to the arrest of an occupant area allowed only if the officer has a reasonable belief that the arrestee can gain access to the vehicle or ___________ will be found in the vehicle. a. contraband b. weapons c. evidence of the crime of arrest d. evidence of any crime

Q: The philosophy which is based on free, independent individuals agreeing to form a society and to give up a portion of their individual freedom to benefit the security of the group is generally known as: a. a social contract b. communal well-being c. the federalist philosophy d. natural law

Q: Which of the following would be considered a violation of a subject's reasonable expectation of privacy, requiring a warrant? a. Police put a "beeper" on a vehicle to monitor its location. b. Undercover officer converses with suspects and uses information in court. c. Taking photographs of curtilage from an aircraft. d. Placing listening device in public telephone booth to monitor conversations.

Q: In a civil case, the party bringing suit is represented by: a. the prosecutor b. a plaintiff's lawyer c. a defense attorney d. the public defender's office

Q: A case with the caption UnitedStatesv. Smithis most likely a: a. criminal case b. civil case c. class action suit d. federal appeal

Q: Which of the following would not be a legitimate factor contributing to the decision to frisk? a. suspect who flees b. suspicion a suspect possesses dangerous drugs c. being in known high-crime area d. suspect's hand is concealed in pocket

Q: The vast majority of cases heard in U.S. District Courts are:. a. criminal cases b. civil cases c. drug cases d. homeland security cases

Q: General searches are: a. routinely done by police. b. never constitutional. c. permitted if authorized by a warrant. d. permitted in cases where the suspect is found to be armed.

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: The juvenile justice system is comprised of the following components: a. intervention, courts, and rehabilitation b. law enforcement, courts, and corrections c. intervention, adjudication, and punishment d. law enforcement, counseling, and rehabilitation

Q: For an amendment to the U.S. Constitution to be ratified, the number of state legislatures or special conventions which must agree is: a. one-fourth b. one-half c. two-thirds d. three-fourths

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. Brewer b. Bell v. Wolfish c. Gideon v. Wainwright d. Griffin v. Wisconsin

Q: Which of the following is not true of the adversarial judicial system? a. only actual conflicts will be heard by a court. b. "what if" questions will not be heard. c. sides are drawn-accuser vs. accused-with one side challenged by the other. d. the accused has the burden of proof.

Q: Explain the justifications for the automobile exception to the requirement for a warrant.

Q: Which of the following is not one of the three levels of court function in both state and federal courts? a. trial courts b. appellate courts c. circuit courts d. courts of last resort

Q: Discuss what might constitute exigent circumstances. Give specific examples.

Q: Discuss the relationship between electronic surveillance and one's reasonable expectation of privacy.

Q: When a court decision would have no practical effect, a case is apt to be dismissed for: a. standing b. ripeness c. mootness d. jurisdiction

Q: List three fundamental constitutional rules for searches and discuss their importance.

Q: Conduct prohibited by law simply because the person engaging in the behavior is a minor is considered a/an: a. Delinquent act b. Status offense c. Infraction d. Youthful offense

Q: The scales of justice represent: a. keeping individual and societal needs in balance. b. the struggle for power between good and evil. c. the two sides of prosecution and defense. d. the weighing the evidence of guilt or innocence.

Q: Discuss at least five exceptions to the search warrant requirement.

Q: After a person has __________ property, he or she has no reasonable expectation of privacy relative to that property.

Q: The two main functions of the courts are to: a. determine guilt or innocence and interpret laws b. settle controversies and review cases for legal improprieties. c. settle controversies and decide the rules of law that apply in the case. d. determine guilt or innocence and apply appropriate sanctions.

Q: To bring a case or to argue a legal issue in court, one must have an actual interest in the matter of dispute, which is called: a. standing b. ripeness c. mootness d. jurisdiction

Q: The following statements are true about both torts and crimes, except: a. Both could result from the same single act. b. Both differ by who is considered the victim. c. Both must be heard separately by the court(s). d. Both are subject to the same standard of proof in court.

Q: The property around a home or dwelling directly associated with use of that property is called the____________.

Q: Driving while intoxicated and hot pursuit situations are examples of ____________.

Q: Since the ratification of the Bill of Rights more than 7,000 amendments have been proposed in Congress. Of those, the number that have been successfully ratified is: a. 53 b. 115 c. 700 d. 17

Q: Which of the following is not an officer of the court? a. Sheriff b. Judge c. Lawyers d. Plaintiff

Q: The __________ doctrine allows officers who feel something that they immediately identify as contraband, it can be lawfully seized based on probable cause.

Q: Vehicles may often be searched without a warrant because of their ____________.

Q: Statutory law can also be referred to as: a. case law b. codified law c. common law d. canonized law

Q: When officers arrest someone in a home, they are allowed to make a ____________ for their safety.

Q: The Constitution ensures individual liberty by: a. limiting government power. b. giving the government enough power to protect the innocent. c. giving individuals the freedom to decide. d. restricting the authority of state governments to enforce the law.

Q: The area within a person's reach or immediate control is called the person's__________.

Q: The number of U.S. Courts of Appeals in the federal court system is: a. 4 b. 12 c. 52 d. 94

Q: _________ includes anything that is illegal for people to own or have in their possession.

Q: American law is considered a living law because: a. it can change as society changes. b. it can never be rescinded or cancelled. c. once a law is passed, it stands forever. d. there are no constraints on its application or interpretation.

Q: Courts typically justify the consent exception by two separate tests: the ____________ test and the ____________ test.

Q: Common law was: a. that which applied to the common people, not to those in the upper echelon of society. b. set forth in well-documented codes. c. established by early English and Roman rulers. d. based on customs and traditions followed throughout England.

Q: Law does all of the following, except that it does not: a. respond to the perceived needs of the society it serves. b. define unacceptable behavior. c. establish consequences for unlawful behavior. d. provide justice for all.

Q: Marx regarded punishment as a way to: a. provide social solidarity. b. control the lower class. c. limit the power and influence of the upper class. d. exact revenge.

Q: General searches are ____________.

Q: A person's refusal to give consent to search can be used to establish probable cause.

Q: The standard of proof required in a civil case is: a. more stringent than that required in a criminal case. b. the same as that required in a criminal case. c. a preponderance of the evidence. d. proof beyond a reasonable doubt.

Q: Seizures of items from a suspect's body, such as hair samples, are typically allowed without a warrant incident to arrest if painless reasonable procedures are used.

Q: States' penal codes contain: a. Civil laws b. Criminal laws c. Codified laws d. common law

Q: Since they are not incarcerated, probationers and parolees enjoy the same Fourth Amendment rights as law-abiding citizens.

Q: Those who are not party to a legal action but who still have an interest in the case may: a. subpoena the judge to have their testimony heard. b. file a writ of certiorari with the court and enter themselves as a "hostile" witness. c. submit an amicus brief arguing their perspective, although such briefs are considered only at the pleasure of the court. d. not do anything--only those who are directly party to the legal action may address the court.

Q: The place where a specific case may come to trial and the area from which the jury is selected is known as: a. voir dire b. jurisdiction c. district d. venue

Q: "Open fields" is a federal concept only; some states hold that "No Trespassing" signs establish a right of privacy requiring a warrant.

Q: The concept that courts will continue to rely on prior cases to ensure consistency in the law is called: a. original jurisprudence. b. lex talionis c. stare decisis. d. venue.

Q: If a warrant states that one specific item is sought, the search may still continue after it is found.

Q: A basic purpose of the American legal system is to: a. remove power from the government. b. develop a living law. c. ensure fairness in balancing individual and societal rights and needs. d. create a system that, while not perfect, is the best in the world.

Q: A person's reasonable expectation of privacy determines when Fourth Amendment protections apply.

Q: If the United States Supreme Court did not have the authority to rule that acts of the President of the United States or the United States Congress were inconsistent with the Constitution, do you think the government would run more smoothly? Do you think the government would run more fairly? Explain your answers to both questions.

Q: The maxim that it is unreasonable for officers to search for "an elephant in a matchbox" means the size of the item(s) sought determines where officers may reasonably search.

Q: When both occupants are present and one consents to a search and one objects, the consent "overrides" the refusal and officers can legally search.

Q: There had been 27 Amendments to the United States Constitution. If you could draft the 28th Amendment, what would it be? Why do you think this Amendment is necessary? Does it conflict with any other Amendments? Amendments after the Bill of Rights can be found at http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html.

Q: For a search to have occurred, government agents must make physical entry into someone's property.

Q: In 1791, the first 10 Amendments to the United States Constitution were passed to guarantee individual rights. Which of these Amendments do you feel is most important? Which of these Amendments is least important? Justify your answers.

Q: The Constitution established a balance of power between the federal government and the states, as well as between the three branches of government (legislative, judicial, and executive). Which is more important, the balance between federal and state authority or the balance between the three branches of government? Explain your answer.

Q: Officers are required to inform people that they have the right to refuse consent to search.

Q: Exigent circumstances include all of the following, except: a. driving while intoxicated. b. a person fleeing upon seeing an officer approach. c. rendering emergency aid. d. danger of destruction of evidence.