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Law
Q:
Ordinary federal courts are also referred to as ____________courts.
Q:
Acts committed during wartime that inflict needless suffering and damage when pursuing a military objective are called ______.
Q:
A panel of military officers with authority to try enemy combatants for war crimes is a/an _________.
Q:
Devices used to record outgoing telephone numbers for a particular telephone are called _________.
Q:
The ________Administration declared that most of the detainees captured in the war in Afghanistan were unlawful enemy combatants.
Q:
Information gathering about the enemy is called __________.
Q:
Searches of private places without the consent or knowledge of the occupants are called _________and _________searches.
Q:
Panels made up of military officers to try U. S. military personnel for violations of the Uniform Code of MilitaryJustice are termed_________________.
Q:
It has been is the national policy of the U.S. for many years to limit immigration into the country.
a. True
b. False
Q:
Arizona's Immigration Law signed in 2010, requires police officers who, in the course of a traffic stop or other law enforcement action, have reasonable suspicion the person entered the U.S. illegally to verify the person's immigration status.
a. True
b. False
Q:
In Demore v. Kim, the Supreme Court ruled that mandatory detention for criminal aliens pending removal proceedings always violates due process.
a. True
b. False
Q:
The Authorization for Use of Military Force of 2001 was issued by President Bush as a presidential proclamation.
a. True
b. False
Q:
Sneak and peek warrants are a variation of no-knock entries.
a. True
b. False
Q:
The Supreme Court has ruled that stopping travelers at fixed checkpoints for brief questioning about their citizenship or immigration status is constitutional.
a. True
b. False
Q:
The Patriot Act significantly expanded government surveillance power beyond the Crime Control and Safe Streets Act.a. Trueb. False
Q:
The Crime Control and Safe Streets Act placed an absolute ban on the interception of all wire, oral, or electronic communications while there taking place.
a. True
b. False
Q:
Waging the Cold War required greater dependence on intelligence gathering.
a. True
b. False
Q:
The Patriot Act expanded the permitted use of pen registers.
a. True
b. False
Q:
In a trial before a military commission created in the wake of 9/11, an accused does not have the presumption of innocence.
a. True
b. False
Q:
Sneak and peek searches were first created by the Patriot Act.
a. True
b. False
Q:
The jurisdiction of military commissions applies only to noncitizens.
a. True
b. False
Q:
Military commissions try military personnel for violating the Uniform Code of Military Justice.
a. True
b. False
Q:
The balance during emergency times tips toward the protection of individual liberty.
a. True
b. False
Q:
Stopping travelers in vehicles at a fixed checkpoint for brief questioning about their citizenship and immigration status:
a. violates the Fourth Amendment search and seizure requirements.
b. is not considered a seizure under the Fourth Amendment.
c. is considered a seizure under the Fourth Amendment but has been held to be constitutional.
d. is considered a seizure only if officials detain the travelers for a significant amount of time.
Q:
In Demore v. Kim (2003), the Supreme Court ruled that:a. mandatory detention for aliens who have been convicted of certain crimes pending removal proceedings is not unconstitutional, even if the alien is a lawful permanent resident.b. mandatory detention for criminal aliens is unconstitutional.c. mandatory detention for criminal aliens is not unconstitutional as long as the alien was not admitted lawfully into the U.S.d. the Immigration and Nationality Act requires immigration judges to exercise their discretion in deciding if a criminal alien should be detained pending removal proceedings.
Q:
Unlike Daubert v. Merrill Dow Pharmaceuticals Co., the expert testimony in Kumho Tire Co. v. Carmichael was provided by a(n) _____.
a. psychologist
b. biologist
c. engineer
d. forensic scientist
Q:
In order to be considered a "deportable alien", a person must:
a. admit to his/her deportability when questioned by officials.
b. have been found deportable by an immigration judge.
c. refuse to cooperate with officials.
d. admit to his/her deportability when questioned by officials or been found deportable by an immigration judge.
Q:
Under Daubert, the central issue for scientific evidence is the _____ of the theory and testing on which the conclusions are based.
a. repeatability
b. validity
c. scrutiny
d. reliability
Q:
The U.S. Attorney General must take into custody and detain during removal proceedings any alien who has committed certain detailed criminal offenses according to:
a. the Illegal Immigration Reform and Immigrant Responsibility Act.
b. the Immigration Act.
c. a recent presidential Executive Order.
d. the Supreme Court's decision in U.S. v. Martinez-Fuerte.
Q:
In courts that use the _____ Plus test, the admissibility question frequently turns on how accurately and faithfully the testing laboratory followed accepted procedure.
a. Frye
b. Daubert
c. Williams
d. Conners
Q:
In U.S. v. Martinez-Fuerte(1976), the Supreme Court held:
a. police can constitutionally stop a vehicle at a fixed check point for brief questioning of the occupants even though they have no reason to believe the vehicle contains illegal aliens.
b. it violates the Fourth Amendment for police to stop vehicles at a fixed checkpoint without reasonable suspicion that the vehicle contains illegal aliens.
c. the Fourth Amendment requires that police have probable cause to believe a vehicle contains illegal aliens before they can stop it at a fixed checkpoint.
d. it is constitutional for police to stop a vehicle at a fixed checkpoint and they can search the entire vehicle and its occupants without reasonable suspicion or probable cause.
Q:
For many years prior to 1993, federal courts utilized the _____ test for the admissibility of scientific evidence.
a. Ginsburg
b. Alito
c. Connor
d. Frye
Q:
A military commission is composed of:
a. a panel of civilian judges who decide war crime cases.
b. a panel of civilian judges and military officers who decide war crime cases.
c. a panel of military officers who decide war crime cases.
d. a panel of military officers who decide violations of the Uniform Code of Military Justice.
Q:
The field of serology involves the study of _____.
a. blood
b. hair
c. skin
d. fingerprints
Q:
Since adoption of Daubert in some states, the validity and reliability of the _____ test is no longer subject to judicial notice for purposes of proving guilt.
a. RFD
b. RSVP
c. HMS
d. HGN
Q:
_________consists of a panel of military officers acting under military authority to try enemy combatants for war crimes.a. Military commissionb. Specialized community review c. Article II reviewd. Military courts martial
Q:
One of the primary differences between interrogating criminal suspects and suspected terrorists, which impacts whether the interrogation techniques are legal is:
a. the suspected terrorist will most likely be a noncitizen and the criminal suspect most likely be a citizen.
b. the terrorist suspect may be detained outside the U.S. and the criminal suspect is in the U.S.
c. law enforcement officers question criminal suspects and intelligence officers question suspected terrorists.
d. for criminal suspects the issue is whether a confession is admissible in court to establish guilt; for terrorists suspects the issue is getting information to prevent a future attack.
Q:
DNA is available in about _____ percent of the crimes committed.
a. 10
b. 20
c. 30
d. 40
Q:
Forensic _____ involves evidence about insects.
a. etymology
b. immunology
c. entomology
d. herpetology
Q:
Concerning the law of interrogating terrorist suspects:a. it is clear that the U.S. Constitution requires terrorist suspects be treated the same as criminal suspects.b. the definition of what constitutes torture is clear.c. there is no clear definition of torture or what violates the Constitution.d. there is consensus that torture is legal when interrogating persons suspects of planning terrorist acts on American soil.
Q:
The FBI's national DNA database system is known as _____.
a. FICA
b. RFLP
c. CODIS
d. NDNADB
Q:
In the case, Rasul v. Bush(2004), the Supreme Court ruled:a. that noncitizen detainees who have been declared enemy combatants and detained in areas controlled by the U.S. cannot petition for habeas corpus in federal courts.b. that noncitizen detainees who have been declared enemy combatants and detained in areas controlled by the U.S. can petition for habeas corpus in federal courts.c. that noncitizen detainees who have been declared enemy combatants must be tried in federal courts in the U.S.d. that the right to habeas corpus is suspended during war time.
Q:
Statutes requiring that convicted felons provide blood samples for DNA databases have been held to _____.
a. violate the privilege against self-incrimination
b. violate the Fourth Amendment
c. violate both the Fourth and Fifth Amendments
d. be constitutional
Q:
In a 2010 study, it was reported that _____ states had specifically adopted Daubert and an evidence rule similar to Rule 702.
a. 5
b. 10
c. 20
d. 30
Q:
In re National Security Letter (2013) involved a San Francisco U.S. District Court which held that:a. an NSL cannot be used for internet providers.b. issuing an NSL did not violate the First Amendment.c. the First Amendment is not an issue with regard to NSLs.d. issuing an NSL violated the First Amendment.
Q:
The Military Order of November 13, 2001:a. allows the secretary of defense to detain noncitizens who there is reason to believe was a member of al Qaida.b. allows the secretary of defense to detain American citizens who are suspected of being members of al Qaida.c. authorizes the use of military force against individuals suspected of being involved in the 9/11 attack on the U.S.d. allows federal law enforcement agencies to arrest suspected terrorists.
Q:
In the Daubert decision, the Supreme Court held that the admissibility of scientific evidence was governed by Rule _____ of the Federal Rules of Evidence.
a. 402
b. 502
c. 602
d. 702
Q:
In which document did the U.S. Congress gave the President the authority "to use all necessary force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks" on 9/11/2001?a. The Terrorist Surveillance Programb. The Authorization for Use of Military Force c. The Military Order of November 13, 2001 d. The Presidential Proclamation
Q:
Sneak-and-peek warrants became part of a federal statute in:a. the Crime Control and Safe Streets Act of 1968. b. the Foreign Intelligence Surveillance Act of 1979. c. the U.S. Patriot Act of 2001.d. the Terrorist Surveillance Program.
Q:
In a sneak-and-peek search warrant:
a. law enforcement officials first serve the warrant on the occupants but conduct the actual search while the occupants are not present.
b. law enforcement officials seek a search warrant after they first conduct a warrantless search of the premises in order to look around.
c. because of the danger involved, officers get a special warrant that allows them to sneak into the place to be searched without first knocking on the door to serve the warrant.
d. allow officers to enter a privately owned place without the owner or occupant consenting or even knowing about it.
Q:
In the current debate about how to try foreign terrorist suspects:
a. the "terrorism as war" advocates support the use of federal courts.
b. the "terrorism as crime" advocates support the use of federal courts.
c. the "terrorism as crime" advocates support the use of military commissions.
d. there is no middle course " it's an either/or decision.
Q:
In 1999, in the Kumho Tire Co. decision, the Supreme Court extended the Daubert test to _____.
a. hearsay
b. ancient documents
c. technical evidence
d. DNA evidence
Q:
According to rules issued by the Department of Defense in 2010 governing military commission proceedings: a. evidence derived from statements obtained by cruel, inhumane, and degrading treatment can never be used. b. evidence derived from statements obtained by cruel, inhumane, and degrading treatment can be used in under circumstances.c. evidence derived from statements obtained by cruel, inhumane, and degrading treatment can be used if its use would otherwise be consistent with the interests of justice.d. evidence can be used only if it can also be used in federal courts.
Q:
Military Commissions:
a. follow all the same procedures and rules as Article III courts.
b. have jurisdiction over citizens and non-citizens
c. operate under relaxed rules of procedure and proof compared to Article III courts.
d. also try members of the U. S. armed forces when they violate the Uniform Code of Military Justice.
Q:
In 1993, in Daubert v. _____ , the U.S. Supreme Court rejected theFrye test for federal courts.
a. Dow Chemical Co.
b. Merrill Dow Pharmaceuticals
c. Phillip Morris, Inc.
d. Siemens, Inc.
Q:
Miranda's application to terrorism suspects:a. is an unsettled legal matter and still controversial.b. is a matter that has been resolved and there is agreement that terrorism suspects must always be Mirandized before they are subject to custodial interrogation.c. is a matter that the U.S. Attorney General has publicly refused to take a position.d. according to the U.S. Attorney General, is a decision that rests with teh discretion of the law enforcement agent.
Q:
Prior to the Supreme Court's Daubert decision, federal courts used a _____ test.
a. general acceptance
b. conditional relevance
c. contingent admissibility
d. consistency and reliability
Q:
In Boumediene v. Bush(2008), the Supreme Court:
a. declared unconstitutional the provision of the Military Commission Act of 2006 that stripped federal courts of power to hear habeas corpus petitions from detainees challenging their designation as enemy combatants.
b. declared constitutional the provision of the Military Commission Act of 2006 that stripped federal courts of power to hear habeas corpus petitions from detainees challenging their designation as enemy combatants.
c. determined the Constitution does not protect enemy combatants.
d. determined enemy combatants must be tried in court martial proceedings.
Q:
If the scientific theory and/or technique is accepted by higher courts, trial courts may take _____ of the validity of these theories and techniques.
a. hearsay exceptions
b. judicial notice
c. positive objections
d. conditional acceptance
Q:
Which of the following is not an explicit factor in the Daubert test?
a. age of the theory
b. peer review
c. rate of error
d. testing of theory
Q:
The U.S. Patriot Act:
a. tips the balance totally in favor of government power with very little protection for individual privacy.
b. tips the balance somewhat in favor of government power and guarantees somewhat less protection for individual privacy.
c. leaves the balance between government power and individual privacy in the same place it was pre-9/11.
d. tips the balance so far in favor of the government that the U.S. Supreme Court declared many of its provisions unconstitutional.
Q:
Discuss matching shell casings and "microstamping" and the issues associated with it.
Q:
The Patriot Act ________provision creates a national security equivalent of grand jury subpoenas.a. safeguardb. white collarc. business records d. lone wolf
Q:
Describe ballistic fingerprinting and its limitations.
Q:
Which of the following is TRUE regarding roving wiretaps?
a. Roving wiretaps are court orders that apply to both particular people and particular devices.
b. Roving wiretaps are court order that can only be secured in municipal.
c. Roving wiretaps are court orders that apply to particular people.
d. Roving wiretaps are court orders that apply to particular devices.
Q:
If email and voicemail messages have been stored for less than six months, under the Patriot Act law enforcement officials:
a. do not need a warrant to intercept them.
b. need reasonable suspicion to intercept them.
c. need probable cause but not a warrant.
d. need probable cause and a warrant.
Q:
Describe the two limitations on DNA evidence as of 2012.
Q:
The government is allowed access to voice mail and email communications under:a. The Patriot Act.b. The Crime Control and Safe Streets Act. c. The Federal Intelligence Surveillance Act. d. The Terrorist Surveillance Act.
Q:
Describe the Federal DNA Act.
Q:
According to the Crime Control and Safe Streets Act's serious crime exception:
a. law enforcement officials can intercept electronic communications without a court order.
b. the U.S. Attorney alone can approve the interception of electronic communications.
c. a federal judge must approve the interception of electronic communications.
d. no electronic communications can be intercepted while they are taking place.
Q:
There are a number of agencies or sources providing the collecting, correlating, and coordination of evidence. Name and discuss at least three of these.
Q:
A general ban on the interception of wire, oral, or electronic communications while they are taking place was enacted in:a. The Patriot Act.b. The Crime Control and Safe Streets Act. c. The Federal Intelligence Surveillance Act. d. Terrorist Surveillance Program.
Q:
Explain the biological theory underlying DNA testing and how such evidence is usually presented in court.
Q:
According to the Supreme Court in the Daubert decision, what are the five factors trial courts should assess to determine scientific validity of a scientific theory or technique?
Q:
Which of the following is NOT one of the four main elements in the Foreign Intelligence Surveillance Act (FISA)?a. Subjective basis b. Ex parte orderc. Minimization guidelinesd. Application
Q:
The USA Patriot Act:
a. eliminates the constitutional balance between government power and individual privacy.
b. tips the balance in favor of individual privacy and liberty.
c. reinforces the balance between government power and individual liberty that was in effect before 9/11.
d. modifies the balance between government power and individual liberty in the government's favor.
Q:
Discuss, describe, compare, and contrast the Frye rule with its successor, the Daubert rule.
Q:
The federal DNA act was amended in 2006 to require persons arrested for ____________________to submit DNA samples, and 24 states have passed similar laws.
Q:
Since 9/11, the government has shifted its primary goal from gathering evidence in order to prosecute terrorists to:
a. deporting them.
b. prosecuting drug dealers.
c. gathering intelligence in order to prevent future attacks.
d. detaining them without trial.
Q:
Who can military commissions try?
a. Any terrorist offenses
b. Noncitizens
c. Citizens
d. U.S. military personnel