1. The main purpose of the Bill of Rights was to
a. enumerate ALL of the rights of U.S. citizens
b. list the powers of the federal government
c. provide for restrictions on the power of the federal government
d. provide limitations on the powers of individuals
2. A state may enact legislation concerning a subject in which there is a federal statute if:
a. Congress has not clearly indicated that it intends to control that subject matter to the exclusion of the states
b. the state petitions the Supreme Court for permission
c. the state legislation falls within the "necessary and proper" clause
d. the states reserve the right at the time the federal statute is enacted
3. Judicial review extends to
a. legislation
b. executive orders
c. decisions of lower courts
d. all of the above.
4. The ___________ and ______________ Amendments respectively prohibit the federal and state governments from depriving any person of life, liberty, or property without the due process of law:
a. First and Tenth
b. Fifth and Fourteenth
c. Fourth and Fourteenth
d. Fifth and Ninth
5. John is a white Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on:
a. The intermediate test
b. clear and convincing evidence that there is no reasonable basis for the legislation
c. the rational relationship test
d. the strict scrutiny test
6. A city ordinance that limits the number of street vendors who can operate in the center of the city for the purpose of reducing and regulating traffic, would likely be held by a court to be
a. Constitutional under the due process clause
b. Constitutional under the equal protection clause
c. Unconstitutional under the due process clause
d. Unconstitutional under the equal protection clause
7. Procedural due process applies to governmental action depriving a person of all of the following EXCEPT
a. life
b. liberty
c. the pursuit of happiness
d. property
8. Because of the Bill of Rights, state legislation that conflicts with federal legislation will preempt the federal legislation and the courts will apply the state statute instead of the federal statute.
9. Unlike other portions of the Constitution, the Bill of Rights confers absolute rights that are not subject to interpretation by the United States Supreme Court.
10. The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate commerce between the 50 states.
11. First Bank would like to place some ads in the local paper in support of proposed legislation that it believes would increase its revenues, but there is a town law that prohibits such ads. In all likelihood the town law is a violation of the bank's right of free speech under the First Amendment.
12. The Commerce Clause allows the federal government to invalidate state laws that unduly burden interstate commerce.
13. The First Amendment protects free speech in any and all circumstances.
14. Under the Equal Protection Clause, all governmental action that treats two classes of citizens or two businesses differently will automatically be invalid.
15. In a gender discrimination case, under the Equal Protection Clause, the courts apply the strict scrutiny test.
16. Applying the Commerce Clause, the U.S. Supreme Court would uphold an Alabama statute that charged a higher fee for disposing of hazardous waste generated outside of Alabama than for disposing of hazardous waste generated within Alabama.
17. Criminal law might be defined as the law that establishes duties that, if violated, constitute a wrong against not just a single person but society as a whole.
18. In a criminal case, the remedy is monetary compensation for the victim.
19. If the District Attorney refuses to start an action, a private citizen may start a criminal action against a defendant.
20. When may a person use deadly force to protect ONLY property? _____________
21. A crime that is punishable by a fine or imprisonment in a local (County) jail is a
a. felony
b. white collar crime
c. misdemeanor
d. mala prohibita crime
22. Big Bucks, Inc. has been convicted of bribing public officials. It is about to be sentenced for the crime. The sentence will likely be
a. putting the shareholders in jail
b. putting all of the employees in jail
c. fining the corporation
d. none of the above because a corporation cannot commit a crime
23. Mark carefully plots to embezzle $100,000 from his employer but he is fired before he gets a chance to put his plan into action. In cleaning out Mark's desk, the employer finds details of Mark's plan on index cards in his desk. Mark is
a. guilty of the crime of embezzlement because he intended to carry it out
b. guilty of the crime of embezzlement because he had a guilty mind
c. not guilty because he did not act on his plan
d. not guilty because his employer had no right to go through his desk
24. A search warrant is required for a search by the police EXCEPT where
a. they are in hot pursuit of a criminal
b. voluntary consent is given to the search
c. evidence of a crime is in plain view of the officers
d. all of the above
25. During what point of the criminal process is a defendant advised by a judge of the charges against him and given the opportunity to enter his plea?
a. detainment
b. arraignment
c. explainment
d. advisement
26. What happens if the police seize evidence in violation of the 4th Amendment?
a. the evidence will be excluded from the trial
b. the defendant's arrest is nullified
c. the defendant is entitled to another trial
d. the defendant will be paid for his inconvenience
27. The defense of entrapment arises when
a. A law enforcement official induces a person to commit a crime whether that person, under ordinary circumstances, would have done so or not
b. Any person induces any other person to commit a crime when the person induced would not ordinarily have done so.
c. A law enforcement official induces an individual to commit a crime when that individual would not ordinarily have done so
d. When law enforcement officials act aggressively to prevent a crime.
28. Which of the following is found in the Eighth Amendment to the U.S. Constitution?
a. the right to competent counsel
b. freedom from self-incrimination
c. a prohibition against cruel or unusual punishment
d. all of the above
29. Anita tells Bob that unless Bob pays her $5,000 she will tell his customers that he was once arrested for shoplifting as a teenager. The fact that Bob shoplifted as a teenager is true.
a. Anita has committed the crime of extortion
b. Anita has committed the crime of defamation
c. Anita has committed the crime of bribery
d. Anita has committed the crime of false pretenses
30. The ___________ Amendment provides that the government shall provide the accused with a court appointed attorney at no expense to himself if he is unable to afford one. (Gideon v. Wainwright).
a. Fourth
b. Fifth
c. Sixth
d. Eighth
31. A person may have a defense to the charge of larceny if that person did not know that he or she was taking the property of someone else.
32. The privilege against self-incrimination extends to
a. providing a handwriting sample
b. appearing in a line-up for identification purposes
c. taking a blood test after an accident
d. none of the above are protected by the privilege against self-incrimination
33. A points an unloaded gun at B and threatens to shoot him. C, B's wife, witnesses the threat and believes A's gun is loaded and that her husband is about to die. C pulls out her gun and shoots and kills A.
a. C cannot successfully invoke the privilege of defense of others because A's gun was not loaded
b. C can successfully invoke the privilege of defense of others because of her reasonable belief that A's gun was loaded.
c. One can use deadly force only to protect oneself, therefore C is liable
d. C could successfully raise the defense of entrapment
34. The fraudulent conversion of another's property by one who is in lawful possession of it is called embezzlement.
35. Entering a building with the intention of committing a felony is criminal trespass.
36. If the defendant in a criminal trial does not testify, he loses the presumption of innocence and the jury may presume he has something to hide.
37. An exception to a defendant's protection against double jeopardy arises in those rare instances where new evidence NOT CAPABLE OF BEING DISCOVERED BEFORE THE ORIGINAL TRIAL is discovered after the defendant is found not guilty at his first trial.
38. In a criminal trial, the People may appeal a verdict of "not guilty" when the crime is a capital offense.
39. The rights read to a suspect who has been arrested and is about to be questioned are called __________________________ .
40. Rhonda has had trouble with vandalism, so she rigs up a spring gun at the entryway of her store so an intruder will be shot if he tries to enter. Bill Burglar breaks into Rhonda's store for the purpose of stealing from her, but is shot by the gun and bleeds to death. Rhonda will not be found guilty of any crime because Bill trespassed with the intent to commit a crime (felony) within the building.
41. Robbery is larceny with the additional element of taking something directly from the victim by force or threat of force.
42. In a felony case, the defendant has no right to demand a jury trial.
43. The defense of duress enables a person to commit a crime without incurring criminal liability.
44. Not knowing that DWI is defined as driving with .08 of 1 % of alcohol in your system is a mistake of fact that will serve as a valid defense to a charge of driving while intoxicated.
45. Dr. David Doright is a professor at Ivory Towers State University. One day he has
an argument with the President of the University over which team should win the
Super Bowl. The next day, Dr. Doright is fired for incompetence. He sues,
claiming the firing is arbitrary and that he was denied an opportunity to respond to
the charges.
a. This is not a criminal case, so Dr. Doright is not entitled to a hearing
b. Dr. Doright appears to have been denied the equal protection of the law
c. The firing by a state university is state action involving a right that would entitle Dr. Doright to a hearing and an opportunity to respond to the allegations against him
d. The U.S. Constitution does not apply to this case.
Answer two of the following 3 questions. Each one is worth up to 5 points.
46. Why is the verdict in a criminal case either "guilty" or "not guilty" but never "innocent"? (HINT: it has to do with which party has the burden of proof)
47. Ann took Bonnie's watch without Bonnie knowing about it. Later, Bonnie discovered her loss and was informed that Ann had taken the watch. Bonnie immediately pursued Ann. Ann pointed a loaded pistol at Bonnie who, in fear of being shot, allowed Ann to escape. Was Ann guilty of robbery? Was Ann guilty of any other crime? Be sure to include definitions of crimes discussed.
48. We read about the clerk who refused to issue marriage licenses to same-gender couples, despite the United States Supreme Court ruling that same-gender couples are entitled to be married under the Equal Protection Clause of the Fourteenth Amendment. She cites her religious beliefs that marriage is a union between a man and a woman and argues that issuing a marriage license to a same-gender couple would violate her religious beliefs and violates her First Amendment right to freedom of religion. Discuss in the context of the Fourteenth and First Amendments.