constitutional Law Final Exam Review

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. Dickerson v. United States. b. Fikes v. Alabama. c. Katz v. United States. d. Brown v. Mississippi.

. Brown v. Mississippi.=

Th e Amendment that contains the famous Due Process Clause, "nor shall any person be deprived of life, liberty, or property without due process of law," is the: a. Fourth Amendment. b. Sixth Amendment. c. Fifth Amendment. d. Eighth Amendment.

. Fifth Amendment.

The precedent case for analyzing confession issues is: a. Miranda v. Arizona. b. Escobedo v. Illinois. c. Massiah v. United States. d. Terry v. Ohio.

. Miranda v. Arizona.

Prejudice e is: a. deemed unconstitutional under the Fourteenth Amendment. b. punishable by law. c. a behavior. d. an attitude.

. an attitude.

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

. no justification.

The landmark case of Terry v. Ohio is most known for including an explanation of: a.the exclusionary rule.b.imminent danger.c.stop and frisk.d.the fruit of the poisonous tree.

. stop and frisk.

Although the Fifth Amendment specifically mentions the "due process" of law, which of the following Amendments also deals with due process? a. the Sixth Amendment b. the Seventeenth Amendment c. the Fourteenth Amendment d. the Eighth Amendment

. the Fourteenth Amendment

Which model maintains that, despite factual guilt, a person cannot be held legally guilty of a crime unless the rules of criminal procedure are followed? a. the common law model b. the crime control model c. the constitutional model d. the due process model

. the due process model

While the opening paragraph of the Declaration of Independence was issued to break political ties with Great Britain, the second paragraph declares that a government's right to rule is based on: a. the elected officials of the colonies. b. the permission of the people who are governed. c. the will of the King. d. equal representation throughout the colonies.

. the permission of the people who are governed.

Officer s must have a particularized and objective basis for suspecting a person of criminal activity to demonstrate reasonable suspicion for an investigatory stop under the: a. totality of the circumstances test. b. articulable probable cause test. c. presumptively reasonable standard. d. objectively reasonable standard.

. totality of the circumstances test.

It is not unconstitutional to obtain a confession by: a. psychological means. b. threats, but not acts, of violence. c. deprivation of food, drink, or sleep. d. trickery and deceit.

. trickery and deceit.

Th e Magna Carta was created: a. to outline colonists' complaints against the British crown. b. to ensure that states maintained power apart from the national government. c. in England, to guarantee that the king could not put himself above the law. d. by the British Parliament, in protest of the U.S. Declaration of Independence.

in England, to guarantee that the king could not put himself above the law.

Th e U.S. Supreme Court has original jurisdiction: a. in cases brought before private businesses. b. in cases dealing with treaties and those involving federal officials. c. in cases dealing with foreign dignitaries and in legal disputes between states. d. if citizens claim violations of their rights under the Constitution.

in cases dealing with foreign dignitaries and in legal disputes between states.

Th e 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 the: a. harmless error doctrine. b. good faith exception. c. independent source doctrine. d. inevitable discovery doctrine.

inevitable discovery doctrine.

Searche s with a warrant are: a. presumed to be unreasonable. b. presumed to be reasonable. c. valid only when executed within 36 hours. d. unlimited in scope.

presumed to be reasonable.

I n United States v. Salerno, the Supreme Court stated that __________ under the Bail Reform Act of 1984 did not violate due process or the Eighth Amendment. a. mandatory detention for murderers b. pretrial release c. preventive detention d. requiring house arrest for child molesters

preventive detention

Th e practice established for individuals who are deemed a threat to society or who are likely to flee is: a. protective custody. b. preventive detention. c. involuntary commitment. d. the Bail Reform Act of 1966.

preventive detention.

All warrants are to be based on which concept associated with the Fourth Amendment? a. reasonable expectation of privacy b. probable cause c. reasonableness d. equability

probable cause

Wher e 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. beyond a reasonable doubt. c. probable cause. d. a preponderance of the evidence.

probable cause.

Th e general rule under the Eighth Amendment is that punishments must be: a. proportional or directly related to the case. b. consistent with international standards. c. in adherence with the biblical standard of an eye for an eye. d. approved by a unanimous jury.

proportional or directly related to the case.

Wha t level of proof is required for a Terry stop? a. reasonable suspicion b. No proof is required. c. probable cause d. a preponderance of the evidence

reasonable suspicion

The section of the Fourth Amendment that makes warrantless searches and seizures constitutional, if they are sensible, is the: a. probable cause clause. b. privacy clause. c. warrant clause. d. reasonableness clause.

reasonableness clause.

The waiver of a person's Sixth Amendment right to counsel must be all of the following, except: a. voluntary. b. intelligent. c. knowing. d. recorded.

recorded.

Sentencin g guidelines have reduced: a. the number of death sentences. b. sentence disparity. c. ethnic disparity. d. racial disparity.

sentence disparity.

Th e reason a Supreme Court appointment lasts a lifetime is: a. so a justice may not be unduly influenced. b. to continue the political legacy of the appointing president. c. because it is very time consuming to select and train a justice. d. because it would be age discrimination to require justices to retire.

so a justice may not be unduly influenced.

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

standing

Usually, the only person able to give consent in a search is the person whose constitutional rights might be threatened by the search, who is said to have: a. footing. b. standing. c. distinction. d. eminence.

standing.

Often referred to as a court of appeals, what is the highest court on the state level? a. state superior court b. intermediate appellate court c. district court d. state supreme court

state supreme court

Forma l ties between Great Britain and the United States were severed when: a. the Magna Carta was drafted. b. the American Declaration of Independence was signed. c. the colonists boarded British ships and threw tea overboard. d. the colonists met at the First Continental Congress.

the American Declaration of Independence was signed.

Which clause of the Sixth Amendment requires that witnesses be present in court so the defendant can face them? a. the Continental Clause b. the Confrontation Clause c. the Testimonial Clause d. the Due Process Clause

the Confrontation Clause

Th e famous Supremacy Clause, declaring the "Supreme Law of the Land," is contained in: a. the Great Compromise. b. the First Amendment to the Bill of Rights. c. the Declaration of Independence. d. the Constitution (Article 6).

the Constitution (Article 6).

Th e first Supreme Court was established by: a. the Federal Judiciary Act of 1789. b. the Bill of Rights. c. the First Amendment. d. The Federalist Papers.

the Federal Judiciary Act of 1789.

Whe n a person is handcuffed after being arrested, officers may search: a. only locations that the suspect could reach while handcuffed. b. the area that was under the immediate control of the suspect prior to being arrested. c. all areas in which the suspect could have hidden evidence. d. only their person.

the area that was under the immediate control of the suspect prior to being arrested.

The exclusionary rule prohibits the use of confessions obtained in violation of a person's constitutional rights and confessions that are otherwise coerced for all of the following reasons, except: a. the concern for public safety is not a Fifth Amendment issue. b. to do otherwise would be a violation of due process. c. for a need to hold government accountable by holding such confessions inadmissible. d. they are inherently unreliable.

the concern for public safety is not a Fifth Amendment issue.

Bai l is forfeited if: a. the defendant is acquitted. b. the defendant is found guilty. c. the defendant pleads not guilty. d. the defendant pleads No Contest

the defendant is acquitted.

Asset forfeiture is considered unconstitutional if: a. the government converts the asset for public use. b. the forfeiture is grossly disproportionate to the offense. c. the forfeiture is accompanied by a loss of liberty in violation of double jeopardy. d. the owner of a residence or a vehicle is unaware of its illegal use.

the forfeiture is grossly disproportionate to the offense.

Instances in which police officers are not aware that they are violating Fourth Amendment principles involve an exception to the law referred to as: a. the good faith doctrine. b. the fruit of the poisonous tree. c. shocking the conscience. d. the innocence mind doctrine.

the good faith doctrine.

Judicia l review refers to: a. the methodology used by a president in selecting a justice for appointment to the Supreme Court. b. a quarterly review of the Supreme Court by Congress. c. the power of the Supreme Court to analyze the constitutionality of decisions of other government entities and lower courts. d. the rating system that allows American citizens to express their level of satisfaction regarding Supreme Court rulings.

the power of the Supreme Court to analyze the constitutionality of decisions of other government entities and lower courts.

Th e ability of a president to select a Supreme Court justice is a powerful political opportunity because: a. the justice selected must rule the way the president wishes. b. most judicial candidates are powerful people themselves. c. the justice selected will treat that president with favoritism, should the president ever be involved in a legal dispute. d. the president may select a candidate with similar political views.

the president may select a candidate with similar political views.

Polic e may use deadly force against fleeing felons only if: a. the suspect presents an imminent danger to life. b. the police fear the felon would otherwise escape. c. state law requires it. d. the pursuit enters another jurisdiction.

the suspect presents an imminent danger to life.

Th e number of U.S. Courts of Appeals in the federal court system is: a. 13. b. 94. c. 52. d. 4.

. 13.

Since the ratification of the Bill of Rights, how many amendments have been successfully ratified? a. 17 b. 115 c. 700 d. 53

17

Th e fleeing felon rule, which allowed police officers to shoot any felon attempting an escape, was invalidated by the Supreme Court's ruling in: a. State v. MacKenzie (1965). b. Brown v. Texas (1979). c. Dunaway v. New York (1979). d. Tennessee v. Garner (1985).

Tennessee v. Garner (1985).

Whic h of the following is not one of the three levels in both state and federal courts? a. trial courts b. courts of last resort c. petition courts d. appellate courts

petition courts

Who is not considered a n officer of the court? a. plaintiff b. judge c. sheriff d. lawyer

plaintiff

Sinc e the origin of the Supreme Court in 1790, how many justices have served? a. between 60 and 65 b. nearly 210 c. more than 100 d. nearly 40

Brown v. Mississippi.

Opponent s o f the death penalty most frequently cite the prohibition against cruel and unusual punishment in the: a. Fifth Amendment. b. Eighth Amendment. c. Fourth Amendment. d. Sixth Amendment.

Eighth Amendment.

Th e Amendment that requires a grand jury indictment in felony cases, prohibits double jeopardy, and provides the right against self-incrimination is the: a. Sixth Amendment. b. Fourth Amendment. c. Fifth Amendment. d. Eighth Amendment.

Fifth Amendment.

Th e Amendment that guarantees the right against unreasonable searches and seizures is the: a. Fourth Amendment. b. Sixth Amendment. c. Fifth Amendment. d. Eighth Amendment.

Fourth Amendment.

This case applied Sixth Amendment rights to juveniles, including the right against self-incrimination, the right to receive notice of the charges, the right to confront and cross-examine witnesses, and the right to counsel. a. Townsend v. Burke b. Gideon v. Wainwright c. Smith v. Hooey d. In re Gault

In re Gault

Th e Supreme Court established its authority as the final interpreter of the Constitution in the case of: a. Ex parte McCardle. b. Marbury v. Madison. c. Plessy v. Ferguson. d. Martin v. Hunter's Lessees.

Marbury v. Madison.

The U.S. Supreme Court established the right to counsel during police interrogation for all criminal suspects in: a. Fikes v. Alabama. b. Escobedo v. Illinois. c. Dickerson v. United States. d. Miranda v. Arizona.

Miranda v. Arizona.

Whe n would a traffic stop require Miranda warnings? a. An officer is asking for consent to search a vehicle. b. An officer is going to arrest a driver. c. Miranda warnings are not required for traffic stops. d. A records check reveals an expired license.

Miranda warnings are not required for traffic stops.

The Constitution and the Bill of Rights are housed at the: a. National Archives Building. b. White House. c. Supreme Court Building. d. American History Museum.

National Archives Building.

Th e Amendment that describes the requirements for a fair trial—including the rights of the accused to a speedy and public trial, to an impartial jury, to be advised of the charges against them, to confront witnesses against them, and to be represented by a lawyer—is the: a. Sixth Amendment. b. Fifth Amendment. c. Fourth Amendment. d. Eighth Amendment.

Sixth Amendment

Whic h of the following would not prove exigent circumstances to justify entry by police without first announcing their presence and purpose? a. Making the officers' presence known would endanger them. b. The residents have a prior criminal history. c. A crime is in progress. d. Evidence would be destroyed.

The residents have a prior criminal history.

Conduc t prohibited by law simply because the person engaging in the behavior is a minor is considered: a. a status offense. b. an infraction. c. a delinquent act. d. a youthful offense.

a status offense.

A geographic area in which a case may be heard is known as: a. a holding b. an original jurisdiction. c. a concurrent jurisdiction. d. a venue.

a venue.

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

a preponderance of the evidence.

Th e Thirteenth Amendment: a. dealt with the right to due process of law. b. guaranteed equal protection. c. established prohibition. d. abolished slavery.

abolished slavery.

The United States Justice System is best referred to as an: a. oppositional process. b. investigative process. c. adversarial process. d. inquisitorial process.

adversarial process.

Th e laws that emanate from the Supreme Court: a. may be appealed to another court having similar jurisdiction. b. are the law of the land. c. may hold only until the end of the presiding chief justice's term. d. constitute statutory law.

are the law of the land.

For an investigatory stop to be constitutional, the officer has to be able to explain, in detail, the specific nature of the suspicion, which is known as: a. rational reasonable suspicion. b. expressive reasonable suspicion. c. coherent reasonable suspicion. d. articulable reasonable suspicion.

articulable reasonable suspicion.

Th e Supreme Court has interpreted the Sixth Amendment to mean that an accused has the constitutional right to counsel: a. at every critical stage during a criminal proceeding. b. at any critical stage, excluding post-trial appeals. c. at any stage in the criminal investigation. d. at every critical stage after arraignment.

at every critical stage during a criminal proceeding.

Whe n government agents are lawfully executing a warrant, they: a. can seize any contraband, even if not specified in the warrant. b. will continue searching the premises even after finding the items specified in the warrant. c. must obtain another warrant if they find additional illegal terms. d. can take anything they want for any reason.

can seize any contraband, even if not specified in the warrant.

The most commonly used method to determine reasonableness is the case-by-case method, which: a. considers the totality of circumstances in each individual case. b. compares a case to other similar cases. c. considers a specific rule that applies to all cases. d. assigns points to each indicia of reasonableness.

considers the totality of circumstances in each individual case.

Som e states allow officers to arrest for a misdemeanor not committed in their presence in the case of: a. domestic assault. b. reckless driving. c. drug possession. d. illegal immigrants.

domestic assault.

The conception and planning of an offense by an officer, and the officer's procurement of its commission by a person who would not have perpetrated the offense except for the trickery, persuasion, or fraud of the officer, is: a. framing. b. trepidation. c. ensnarement. d. entrapment.

entrapment.

Concepts critical to understanding the Fourth Amendment include all of the following, except: a. reasonableness. b. probable cause. c. equability. d. the reasonable expectation of privacy.

equability.

Deterrin g government misconduct is the primary purpose of the: a. citizen review board. b. Supreme Court. c. exclusionary rule. d. good faith exception.

exclusionary rule.

Whic h has not been held to be cruel and unusual punishment? a. an execution method presenting substantial risk of serious harm to the executors b. execution by firing squad c. execution of a person under 18, if they committed a capital offense d. execution of the mentally ill

execution by firing squad

Ineffectiv e assistance of counsel claims can be based on the: a. accessibility of witnesses for the defense. b. failure to take normal and routine steps before trial. c. counsel's inexperience compared to the complexity of the case. d. gravity of the offense charged.

failure to take normal and routine steps before trial.

Usually , officers cannot make a lawful arrest: a. with an arrest warrant. b. for any felony, if they have probable cause. c. for a misdemeanor committed outside their presence. d. for any crime committed in their presence.

for a misdemeanor committed outside their presence.

Th e minimum number of justices required to vote in favor of granting certiorari to review a case is: a. one. b. four. c. three. d. two.

four.

Which doctrine states that evidence obtained as a result of an earlier illegality must be excluded from trial? a. attenuation of the taint b. prior taint c. fruit of the poisonous tree d. fruit of the tainted seizure

fruit of the poisonous tree

Andrew Johnson and Bill Clinton are the only two Presidents of the United States to be: a. the president, and then serve as a member of Congress years later. b. elected to a third term by executive order of Congress. c. impeached. d. assassinated in office.

impeached.

th e juvenile justice system comprises which of the following components? a. law enforcement, courts, and corrections b. law enforcement, counseling, and rehabilitation c. intervention, adjudication, and punishment d. intervention, courts, and rehabilitation

law enforcement, courts, and corrections

According to the first three articles of the Constitution, what are the three branches of American government? a. formative, correctional, and legislative b. legislative, judicial, and executive c. legislative, judicial, and correctional d. judicial, executive, and formative

legislative, judicial, and executive

Al l searches must be: a. with a warrant. b. with consent. c. general in nature. d. limited in scope.

limited in scope.

Searche s at international borders: a. may be conducted without probable cause or a warrant. b. must be based on reasonable suspicion. c. must be based on probable cause. d. must be conducted randomly.

may be conducted without probable cause or a warrant.

Sinc e the origin of the Supreme Court in 1790, how many justices have served? a. more than 100 b. nearly 40 c. between 60 and 65 d. nearly 210

more than 100

The Miranda warnings must be given to a suspect who is interrogated in police custody, which is defined as the suspect: a. being reasonably free to leave. b. being under investigation. c. facing criminal charges. d. not being free to leave.

not being free to leave.

A warrantless arrest that begins in a public place is valid: a. only if probable cause exists, even if the arrestee retreats to a private place. b. only if the officer witnesses the flight of the arrestee. c. only with good faith. d. only with reasonable suspicion.

only if probable cause exists, even if the arrestee retreats to a private place.

The Miranda warnings must be given: a. immediately upon arresting an individual. b. to all witnesses who may be called upon to testify in court. c. only to those suspects interrogated in the custody of police. d. to anyone being interrogated by the police.

only to those suspects interrogated in the custody of police.

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

three-fourths.

Whic h is not a purpose of bail? a. to allow the accused to prepare a defense b. to maintain the presumption of innocence c. to guarantee the appearance of the accused in court d. to sanction the offender

to sanction the offender

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

to settle controversies and to decide the rules of law that apply in the case.

For a confession to be admissible, it must be: a. in writing. b. independently corroborated. c. true. d. voluntary.

voluntary.

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

was based on customs and traditions followed throughout England.