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Constitutional Law
Q:
The rule of proportionality requiresA. that the punishment fit the crime.B. that the punishment not be grossly disproportionate to the crime.C. that the states have exclusive right to determine sentence.D. None of the above.
Q:
The right to a jury trial in a criminal case means theA. right to twelve jurors.B. right to a unanimous verdict.C. right to an impartial jury.D. All of the above.
Q:
The right to court-appointed counsel for indigent defendants in all state felony casesA. was recognized by the Supreme Court in the early 1930s with the case of Powellv. Alabama(Scottsborocase).B. was recognized by the Supreme Court in the 1960s with the case of Gideonv.Wainright.C. was recognized by the Supreme Court in the 1940s with the case of Bettsv.Brady.D. has never been recognized by the Supreme Court.
Q:
Mirandawarnings must be readA. whenever a person is questioned.B. whenever a person is arrested.C. whenever a person is detained.D. whenever a person undergoes custodial interrogation.
Q:
Detentions and pat downs are allowedA. if the officer has a hunch that something is wrong.B. if the officer receives any complaint from a citizen.C. if the officer has rational suspicion to believe the person detained is involved in criminal activity.D. only if there is probable cause to believe the individual committed a crime.
Q:
Officer Smith uses a thermal imaging device to try to detect if unusual heat is coming fromJones's house. He does not have a warrant. This conduct isA. probably an illegal search because the officer needs a warrant in this case.B. probably not illegal because this is not a search.C. probably not illegal if Officer Smith in good faith believes he can do this.D. probably not illegal because any heat coming from the house is in plain view.
Q:
If police have a search warrant that appears to be valid, but for some reason is not, evidence found while executing the warrant might be admissible in court because ofA. the Good Faith Exception.B. the Impeachment Exception.C. an Independent Source or inevitable discovery.D. the Attenuation Exception.
Q:
The "fruit of the poisonous tree" doctrineA. extends the Exclusionary Rule to evidence indirectly obtained as a result of illegal police conduct.B. results in dismissal of police officers who act illegally.C. applies only to drug-related crimes.D. All of the above.
Q:
The Exclusionary RuleA. is expressly stated in the Constitution. B. is a result of Supreme Court decisions. C. applies only in federal cases.D. applies only in state cases.
Q:
Detailed rules of criminal procedure for state cases are found in
A. the Constitution.
B. federal rules of court and codes.
C. state rules of court and codes.
D. All of the above.
Q:
At one point in time, the Supreme Court held that all death penalties in effect were unconstitutional.
Q:
Laws that require additional punishment for repeat offenders (three strikes laws) most often violate the Eighth Amendment prohibition on cruel and unusual punishment.
Q:
Because of the Fifth Amendment, no state can pursue felony charges against an individual unless there is a grand jury hearing.
Q:
The constitutional right against self-incrimination prohibits government from forcing anyone to give a DNA sample.
Q:
The Supreme Court has held that drug testing of new mothers by a state hospital to detect criminal activity, which was reported to law enforcement, was unreasonable
Q:
The use of excessive force violates the Fourth Amendment because it is unreasonable.
Q:
Rational suspicion is more than just a hunch, but less than probable cause.
Q:
Under current Supreme Court rulings, if police do not physically intrude upon the property interest of a person, there is no search.
Q:
If police obtain a confession in violation of the Miranda case, the confession could still be used in court to impeach the defendant.
Q:
The application of the Exclusionary Rule sometimes results in guilty people going free.
Q:
Laws requiring sterilization of repeated felonsA. are constitutional because the state has a compelling reason for such a law.B. are constitutional because repeated felons have no rights to privacy.C. are unconstitutional because they violate a person's basic right to procreate.D. are constitutional as long as they apply to all felons.
Q:
When the Supreme Court reviews laws or government practices that interfere with the right to privacy, it uses theA. rational basis test.B. intermediate scrutiny standard.C. strict scrutiny standard.D. None of the above.
Q:
Which of the following types of conduct are not included in the right to privacy?A. use of contraceptivesB. procreationC. marriageD. suicide
Q:
The Supreme Court recognizes the right to privacyA. as part of due process.B. as part of equal protection.C. Both a and b.D. Neither a nor b.
Q:
The Ninth AmendmentA. expressly provides for a right to privacy.B. provides that the enumeration of rights in the other amendments is not to be considered a denial of rights not enumerated.C. is the basis for the protection given to liberty.D. Both a and b.
Q:
The right to privacy also includes the right to reject medical care.
Q:
The Supreme Court has held that laws criminalizing sex between consenting adults are unconstitutional
Q:
The Supreme Court has held that sex between consenting adults is protected by the right of privacy.
Q:
Since the restriction on the use of contraceptives violates the right of marital privacy, laws restricting use of contraceptives among unmarried individuals are constitutional.
Q:
The Supreme Court has held that a state may prohibit the use of public facilities and public employees to perform abortions.
Q:
No state regulation of abortion is constitutional.
Q:
In Griswold v. Connecticut, 381 U.S. 479 (1965), the Court invalidated a law that made it a crime to give information or advice about contraceptives to married persons.
Q:
The protections afforded by the right to privacy often overlap with protections afforded by other rights.
Q:
Privacy is not considered a fundamental right.
Q:
The Constitution does not provide a specific right to privacy; privacy is included in the protections afforded to "liberty."
Q:
The right to reject medical care is part ofA. due process.B. equal protection. C. Neither a nor b. D. Both a and b.
Q:
State laws allowing an individual to reject medical careA. are usually unconstitutional.B. are unconstitutional if the individual is incapable of making the decision.C. can allow a representative to make the decisions for a party who is incapable, but may require clear and convincing evidence of the individual's intent.D. must require clear and convincing evidence of an individual's intent, if the individual is incapacitated.
Q:
The Supreme Court's attitude toward privacy and sexual orientation and actionsA. is that sexual practices are not part of privacy.B. is that the state has the right to regulate this. C. has remained constant over the last 20 years. D. has changed over the last 20 years.
Q:
Which of the following is not part of the Court's decision in Roev.Wade?A. The government cannot prohibit any abortion.B. The government cannot prohibit an abortion prior to the time at which the fetus can survive outside the womb on its own (viability).C. Government regulation of abortions must meet strict scrutiny.D. The right to abortion is protected under the Due Process Clause.
Q:
A law prohibiting the sale of nonprescription contraceptives to anyone less than 16 years of ageA. would probably be constitutional because minors have no constitutional right to privacy.B. would probably be constitutional because to provide otherwise violates the right of privacy of the minor's parents.C. would probably be unconstitutional unless the state could show the law advances a significant state interest.D. would probably be unconstitutional because the age of 16 is arbitrary.
Q:
Denial of unemployment benefits by the state was allowedA. when an individual was terminated from work for refusing to work on the Sabbath.B. when an individual was terminated for religious use of peyote.C. when an individual quit a job rather than work in an armament section of a factory, which was against his religious beliefs.D. Denial of unemployment benefits was allowed in all of the above.
Q:
Government aid to parochial school children is likely to be held unconstitutional ifA. given to the children directly as opposed to the school.B. similar aid is not available to public school children.C. used for textbooks.D. It is always unconstitutional.
Q:
Tax benefits to religious organizations areA. constitutional if the religious organization benefits society as a whole, not just the members of the religion.B. always constitutional, because to hold otherwise would violate the Free Exercise Clause.C. generally unconstitutional because they violate the Establishment Clause.D. generally unconstitutional because they violate the Free Exercise Clause.
Q:
Regarding the theory of evolution, the Supreme CourtA. has said that it cannot be taught in public schools because it interferes with the exercise of the religion of those who believe in the Bible.B. has said that public schools cannot prohibit teaching the theory of evolution, even though it may conflict with the religious beliefs of some.C. has said that it can be taught in public schools, but only if equal time is given to the creation theory.D. has never ruled on this issue.
Q:
The theory of interpretation of the Establishment Clause holding that the government cannot prefer religion over secularism or favor one religion over others is known asA. the strict separation theory.B. the neutral theory.C. the accommodation theory.D. the symbolic endorsement theory.
Q:
The doctrine of separation of church and state stems fromA. the Establishment Clause.B. the Free Exercise Clause.C. Neither a nor b; it comes entirely from Supreme Court decisions.D. legislation related to the First Amendment.
Q:
Which of the following is notone of the criteria required for a belief or creed to be considered a religion?A. There must be a belief in an orthodox God.B. The religion must incorporate a moral code that goes beyond individual belief.C. There must be some associational ties, some group of people brought together by common beliefs.D. The belief must be sincere.
Q:
The Supreme Court found that reimbursing the parents of Catholic school students for the cost of busing their children to schoolA. was an unconstitutional violation of the Free Exercise Clause.B. was an unconstitutional violation of the Establishment Clause.C. was constitutional because it was primarily public welfare legislation, not direct assistance to religion.D. was constitutional because it did not involve the federal government.
Q:
Under Lemon v.Kurtzman, the government violates the Establishment Clause ifA. the government's primary purpose is to advance religion.B. the principal effect of government action is to inhibit or aid religion.C. there is government entanglement with religion.D. Any of the above.
Q:
The Establishment Clause of the First AmendmentA. establishes Christianity as the religion of the United States.B. establishes belief in God as an important aspect of the Constitution.C. prohibits the government from establishing any religion.D. prohibits the government from interfering in the exercise of any religion.
Q:
The Supreme Court held that laws cannot interfere with mere religious beliefs or opinions but they may with religious practices such as polygamy.
Q:
The purpose of the Free Exercise Clause is to secure religious liberty for individuals through the prohibition of governmental restraints on the free exercise of religion.
Q:
The Supreme Court allows less government assistance to the religious institutions of higher education than to elementary and high schools because elementary and high schools need more aid.
Q:
A tax exemption available only to a religious organization is unconstitutional.
Q:
Giving tax exemptions to religious institutions is unconstitutional because it is a form of state-sponsored religion.
Q:
The Supreme Court has said that it is unconstitutional for students to pray at school.
Q:
The voluntary recitation of a prayer by children in public schools at the beginning of each day has been held unconstitutional by the Supreme Court.
Q:
Religion is defined as any belief in God.
Q:
The Supreme Court held that a clergy-led prayer at a high school graduation ceremony was unconstitutional.
Q:
The Courts rely heavily on history in interpreting the First Amendment.
Q:
The fairness doctrineA. requires that broadcasters present fair, unbiased reports of political figures.B. has been ruled unconstitutional by the Supreme Court because it interferes with a free press.C. allows the federal government to require television and radio stations to provide reply time to respond to political editorials and personal attacks.D. All of the above.
Q:
According to the Supreme Court, a student's First Amendment rights were violatedA. when a school prohibited the wearing of armbands as a method of protest.B. when a school punished students for lewd comments.C. when a school censored a school newspaper.D. According to the Supreme Court, students have no First Amendment rights.
Q:
Expression that incites illegal actionA. is never protected by the First Amendment.B. is protected by the First Amendment unless the speech presents a clear and imminent danger.C. is always protected by the First Amendment.D. can never be criminally prosecuted.
Q:
If defamation is directed to a private person but relates to a matter of public concern,A. the plaintiff in a lawsuit must show actual malice to receive any damages.B. the plaintiff in a lawsuit must show actual malice to receive punitive damages, but not general damages.C. the plaintiff in a lawsuit must adhere to the same standards as a public figure or public official.D. the plaintiff in a lawsuit is not limited in any way by the First Amendment.
Q:
Defamation has no First Amendment protection unlessA. the person defamed is a public figure.B. the person defamed is a public official.C. the subject matter is one of public concern.D. All of the above.
Q:
When ruling on a law that banned virtual child pornography, the Supreme CourtA. held the law constitutional because it served a legitimate government purpose, specifically protecting children from pornography.B. held the law constitutional because Congress had the absolute right to ban any indecent material.C. held the law unconstitutional because the definition of obscenity was too broad.D. held the law unconstitutional because virtual depictions are not really a form of speech.
Q:
A law limiting soft money political contributionsA. was upheld by the Supreme Court because political contributions are not a form of speech.B. was upheld by the Supreme Court because it regulated only the source of money, not the amount that a candidate could spend.C. was held unconstitutional by the Supreme Court because it interfered with a political candidate's right to campaign.D. None of the above; the Court refused to rule on the issue holding that it was a politicalquestion.
Q:
A law banning the burning of a draft cardA. was held constitutional by the Supreme Court because it served a legitimate state interest.B. was held unconstitutional by the Supreme Court because it was protected as symbolic speech.C. was held constitutional by the Supreme Court because burning a draft card was not any type of speech.D. None of the above.
Q:
The Marketplace of IdeasA. limits free speech to political ideas.B. extends free speech to commercial situations.C. is a theory explaining why free speech is protected.D. has nothing to do with free speech.
Q:
The English law of seditious libel made it a crimeA. to publish pornography.B. to criticize the government of England.C. to spread lies about anyone.D. to plan to overthrow the government.
Q:
The right to assembly does not include the right of a protest group to block a road.
Q:
Advertising is protected by the First Amendment unless it is false and misleading.
Q:
A school need not tolerate student speech that is inconsistent with its basic educational mission, even though the government could not censor similar speech outside the school.
Q:
Cross burning is never protected by the First Amendment.
Q:
Obscenity is not protected by the First Amendment.
Q:
The Supreme Court has held that children in school can be expelled for refusing to recite the pledge of allegiance.
Q:
Regulation of speech in a public forum cannot discriminate based on the content of the speech.
Q:
The Supreme Court has held that burning an American flag is protected by the First Amendment if it is done as a political expression.
Q:
Pure speech receives constitutional protection whereas speech-plus does not.
Q:
According to the Supreme Court, under some circumstances Congress has a right to regulate speech.