Constitution Test Multiple Choice



Download 157.94 Kb.
Date09.05.2016
Size157.94 Kb.
Constitution Test
Multiple Choice

Identify the choice that best completes the statement or answers the question.
____ 1. The basic instrument of the government and the supreme law of the United States is the

a. Magna Carta. b. Declaration of Independence. c. Constitution. d. Freedom of Information Act. e. American Creed.


____ 2. Police power is derived from

a. the U.S. Constitution. b. U.S. Supreme Court decisions. c. state statutes. d. all of the preceding. e. none of the preceding.


____ 3. The first 10 amendments to the Constitution are referred to as the

a. primary amendment. b. Primary Liberties Bill. c. civil liberties amendments. d. Bill of Rights. e. civil rights amendments.


____ 4. Civil law refers to all noncriminal restrictions placed on individuals and seeks to obtain

a. punishment. b. retribution. c. incapacitation. d. restitution. e. a, b and c.


____ 5. The right to direct and command is

a. authority. b. social law. c. power. d. all of the preceding e. none of the preceding


____ 6. Which of the following is a case of double jeopardy?

a. when a second trial occurs after the first trial ends in a mistrial b. when a second trial occurs because the jury in the first trial cannot agree on a verdict c. when a second trial is ordered by an appellate court d. both a and b e. none of the preceding


____ 7. The ____ Amendment requires a person to be presumed innocent until proven guilty.

a. Second b. Fourth c. Fifth d. Sixth e. First


____ 8. The Fifth Amendment protects against

a. unlawful arrests. b. unlawful searches. c. self-incrimination. d. libel. e. both a and b.


____ 9. A mala in se crime is

a. bad because it is forbidden. b. so offensive it is obviously criminal. c. one that violates a specific regulatory statute. d. both a and c. e. none of the preceding.


____ 10. The ____ Amendment forbids cruel and unusual punishment.

a. Sixth b. First c. Fourth d. Fifth e. Eighth


____ 11. ____ is the element of the crime that deals with criminal intent.

a. Scienter b. Mala in se c. Corpus delicti d. Actus reus e. Mens rea


____ 12. Considering the "spirit of the law" rather than the "letter of the law" is the essence of

a. customary law. b. the American Creed. c. equity. d. moral law. e. social law.


____ 13. The case that established the Exclusionary Rule on the state level was

a. Stoner v. California. b. Terry v. Ohio. c. Miranda v. Arizona. d. Weeks v. U.S. e. Mapp v. Ohio.


____ 14. The Sixth Amendment establishes

a. freedom of speech. b. due process requirements. c. criminal trial requirements. d. all of the preceding. e. none of the preceding.


____ 15. The First Amendment

a. separates church from state. b. protects freedom of petition. c. guarantees freedom of the press. d. all of the preceding. e. none of the preceding.


____ 16. An example of a mala prohibita crime is

a. murder. b. rape. c. speeding. d. both a and b. e. none of the preceding.


____ 17. The Fourth Amendment forbids

a. limited searches. b. excessive bail. c. self-incrimination. d. double jeopardy. e. unreasonable searches.


____ 18. The ____-the "guilty act"-must be a measurable act, including planning and conspiring.

a. actus reus b. mens rea c. mala in se d. scienter e. corpus delicti


____ 19. The First Amendment protects

a. symbolic speech. b. pure speech. c. speech plus. d. a and b only. e. a, b and c.


____ 20. The legal document ordering a person to testify in a court of law as a witness is known as a

a. writ of habeas corpus. b. subpoena. c. coercive document. d. writ of appearance. e. writ of certiorari.


____ 21. A term applied to precedents set by the judges in the royal courts of England is ____ law.

a. ecclesiastical b. statutory c. moral d. customary e. common


____ 22. Social and moral laws made by society are enforced by

a. police officers. b. the courts. c. social pressure. d. private security. e. none of the preceding.


____ 23. In the order of authority of law, the law with the least authority is

a. state statutes. b. state constitutions. c. common law. d. acts of Congress. e. treaties with foreign powers.


____ 24. Case law refers to

a. customary law. b. judicial precedents. c. religious law. d. moral law. e. any of the preceding.


____ 25. The Exclusionary Rule was adopted on the federal level in

a. Weeks v. U.S. b. Stoner v. California. c. Mapp v. Ohio. d. Terry v. Ohio. e. Miranda v. Arizona.


____ 26. The ____ Amendment guarantees the right to keep and bear arms.

a. Eighth b. Sixth c. Second d. Fifth e. First


____ 27. The fundamental document describing the liberties of the people and forbidding the government to violate these rights is known as the

a. petitionary order. b. Declaration of Independence. c. Bill of Rights. d. collective state statute. e. Congressional Constitution.


____ 28. Statutory law may be

a. passed at the federal or state level. b. constitutional or ordinary. c. criminal or civil. d. b and c only. e. a, b and c.


____ 29. The duty of a grand jury is to

a. assure that there is probable cause to believe a person is guilty of a crime. b. see that the punishment fits the crime. c. sentence a defendant. d. all of the preceding. e. none of the preceding.


____ 30. A body of beliefs about individual freedom which most Americans believe in is known as

a. the Magna Carta. b. the American Creed. c. the U.S. Code. d. an Order of Authority. e. national treaties.


True/False

Indicate whether the statement is true or false.
____ 1. Listening in on a telephone conversation by mechanical or electronic means and electronic bugging are considered search and seizures under the Fourth Amendment.
____ 2. The First Amendment guarantees freedom of religion.
____ 3. The Declaration of Independence established how the United States should be structured and governed.
____ 4. Police power is restricted by the U.S. Constitution, the Fourteenth Amendment, and the courts.
____ 5. Intent is a necessary element of a tort.
____ 6. The Supreme Court has ruled that the Fourth Amendment prohibits, under any circumstance, police officers from stopping and frisking a "suspicious person."
____ 7. The Declaration of Independence is a statement of grievances against England.
____ 8. Consensus Theory h olds that individuals within a society agree on basic values and on what is right and wrong.
____ 9. The grand jury's duty is to determine guilt or innocence in cases involving a capital offense.
____ 10. Litigaphobia means "lawsuit paranoia."
____ 11. A constitutional is based on a system of fundamental laws of a government or other Body.
____ 12. Intent is synonymous with motive.
____ 13. The Supreme Court has ruled that the First Amendment does not protect all forms of expression.
____ 14. Conflict theory contends that certain behaviors are criminalized to keep the dominant class in power.
____ 15. The Fifth Amendment guarantees due process.
____ 16. A major function of our criminal justice system is crime control.
____ 17. A tort is a private wrong.
____ 18. The scales of justice represent the delicate balance between women and men in American society.
____ 19. An act can be both a crime and a tort.
____ 20. Citizens can bring legal action against the police.
Completion

Complete each statement.
1. A court order allowing an officer to search the home of a private citizen, seize any of their property or arrest them is called a ____________________.
2. ____________________ refers to a serious crime, generally one punishable by death or by imprisonment for more than one year in a state prison or penitentiary.
3. The ____________________ Amendment does not specifically provide that all citizens have a right to bail, but only that bail will not be excessive.
4. Section ____________________ of U.S. Code, Title 42, stipulates that anyone acting under the authority of local or state law who violates another person's constitutional rights-even though they are upholding a law-can be sued.
5. A ____________________ is a civil wrong for which the court will seek a remedy in the form of damages to be paid.
6. The ____________________ Amendment embodies the principle of federalism, which reserves for the states the residue of powers not granted to the federal government or withheld from the states.
7. ____________________ recognized the necessity for laws to change as society changes when he wrote: ". . . laws and institutions must go hand in hand with the progress of the human mind."
8. The U.S. Constitution was drafted by the Constitutional Convention of 1787 and became effective in ____________________.
9. To ensure against self-incrimination, the Court ruled in ____________________ ____________________ (1966) that citizens must be warned prior to custodial interrogation of their right to remain silent, that what they say may be used against them in court and that they have a right to counsel, which will be furnished them.
10. The ____________________ asserts that all individuals are created equal and are entitled to the unalienable rights of life, liberty and the pursuit of happiness.
11. ____________________ refers to any minor offense, generally punishable by a fine or a short term, usually not to exceed one year, in a jail or workhouse.
12. A common provision of asset forfeiture legislation is a "____________________" clause stating the government must establish that the property was subject to forfeiture by a "preponderance of the evidence."
13. Crimes where criminal intent is not an element are known as ____________________ ____________________ crimes.
14. Custom is simply ____________________-doing what has been done before.
15. Due process, including notice of a hearing, full information regarding the charges and the opportunity to present evidence in one's own behalf before an impartial judge or jury, is a guarantee protected by the ____________________ Amendment.
16. The ____________________ Amendment protects Americans' right to assemble peaceably for any political, religious or social activity.
17. ____________________ law defines crimes and fixes punishments for them.
18. ____________________ ____________________, that is, secondhand evidence, cannot be used in criminal trials except in certain instances.
19. The ____________________ branch of government makes the laws; the ____________________ branch, of which law enforcement is a part, enforces the laws; and the ____________________ branch determines when laws have been violated.
20. Local laws primarily enacted to protect the individual community are called ____________________.
21. The Exclusionary Rule is most closely associated with the ____________________ Amendment.
Matching
Each item may be matched only once. Select the best match.

a.

actus reus

b.

case law

c.

civil liberties

d.

civil rights

e.

corpus deliciti

f.

ecclesiastical law

g.

equity

h.

mala in se

i.

mala prohibita

j.

mens rea

k.

moral or social law

l.

procedural due process

m.

scienter

n.

statutory law

o.

substantive due process

____ 1. The elements of the crime


____ 2. Includes laws of etiquette, "honor" and morality
____ 3. An individual's claim to the affirmative assistance of government
____ 4. Guilty knowledge making individuals legally responsible for their acts
____ 5. The precedent generally followed in the absence of a specific law
____ 6. Bad in itself
____ 7. Requires that the "spirit of the law" take precedence over the "letter of the law
____ 8. Bad because it is forbidden
____ 9. Church law
____ 10. Legislated, written law
____ 11. The body of the crime itself
____ 12. An individual's immunity from governmental oppression
____ 13. Intent to do wrong
____ 14. Protects individuals against unreasonable, arbitrary or capricious laws
____ 15. Deals with notices, hearings and gathering of evidence
Other
1. Cases and Amendments
For each legal "issue," write down the number of the amendment to which it applies (e.g., write "4" for Fourth Amendment) and the letter that best matches the case in which the legal precedent was made. Note: Amendments may be matched more than once, or not at all. Each case, however, may be matched only once.


1.

First Amendment

a.

Berger v. New York

2.

Second Amendment

b.

Chaplinsky v. New Hampshire

3.

Third Amendment

c.

Chimel v. California

4.

Fourth Amendment

d.

Furman v. Georgia

5.

Fifth Amendment

e.

Gideon v. Wainwright

6.

Sixth Amendment

f.

Gregg v. Georgia

7.

Seventh Amendment

g.

Katz v. United States

8.

Eighth Amendment

h.

Miranda v. Arizona

9.

Ninth Amendment

i.

New York v. Quarles

10.

Tenth Amendment

j.

Printz v. United States







k.

Rummel v. Estelle







l.

Stack v. Boyle







m.

Terry v. Ohio







n.

United States v. Cruickshank







o.

United States v. Russell







p.

United States v. Ursery




Amendment

(number)

Case

(letter)







_____

_____

1.

Electronic eavesdropping is permissible under specific conditions and circumstances (49)

_____

_____

2.

The death penalty for murderers is not per se cruel and unusual Punishment (55)

_____

_____

3.

Excessive bail (54)

_____

_____

4.

It is not entrapment for an undercover agent to supply a defendant with an ingredient needed to manufacture illicit drugs (51)

_____

_____

5.

Evidence obtained using electronic surveillance of a telephone booth was not properly authorized and, thus, inadmissible (49)

_____

_____

6.

To challenge the constitutionality of a gun control statute, a defendant must show possession of a firearm has “some reasonable relationship to the preservation or efficiency of a well-regulated militia.” (48)

_____

_____

7.

States must provide free legal counsel to indigent defendants in all felony cases (54)

_____

_____

8.

Law enforcement can constitutionally use asset forfeiture without double jeopardy concerns (52)

_____

_____

9.

Fighting words likely to cause violence are not constitutionally Protected (47)

_____

_____

10.

Allows police to stop and frisk a “suspicious person” if reasonable based on officer’s experience and demeanor of the individual frisked (49)

_____

_____

11.

Police may search, without a warrant, a suspect and a limited area around the suspect to prevent the suspect from seizing a weapon or destroying evidence (49)

_____

_____

12.

A mandatory life sentence required by a state habitual offender statute is not cruel and unusual punishment (55)

_____

_____

13.

Public safety exception to the exclusionary rule (52)

_____

_____

14.

Modified Brady Bill, ruling that federal government is not empowered to require state or local law enforcement agencies to run background checks on prospective gun buyers (48)

_____

_____

15.

Citizens must be warned prior to custodial interrogation of their right to remain silent (52)

_____

_____

16.

The death penalty is unconstitutional if the sentencing authority is free to decide between the death penalty and a lesser penalty (55)



Essay
1. Discuss the basic differences between a crime and a tort.
2. Explain the case of Gideon v. Wainwright, the issue it dealt with and how the Court ruled.
3. Discuss where police get their power and authority and the restrictions placed on such power and authority.
4. Explain the differences between strict liability, International wrongs, and negligence. Which of these three are most frequently at issue in lawsuits against the police?

Constitution Test

Answer Section
MULTIPLE CHOICE
1. ANS: C PTS: 1 REF: 45
2. ANS: D PTS: 1 REF: 61
3. ANS: D PTS: 1 REF: 46
4. ANS: D PTS: 1 REF: 59
5. ANS: A PTS: 1 REF: 61
6. ANS: E PTS: 1 REF: 51-52
7. ANS: C PTS: 1 REF: 51
8. ANS: C PTS: 1 REF: 50
9. ANS: B PTS: 1 REF: 57
10. ANS: E PTS: 1 REF: 54
11. ANS: E PTS: 1 REF: 58
12. ANS: C PTS: 1 REF: 45
13. ANS: E PTS: 1 REF: 50
14. ANS: C PTS: 1 REF: 52
15. ANS: D PTS: 1 REF: 47-48
16. ANS: C PTS: 1 REF: 57
17. ANS: E PTS: 1 REF: 49
18. ANS: A PTS: 1 REF: 58
19. ANS: D PTS: 1 REF: 47-48
20. ANS: B PTS: 1 REF: 53
21. ANS: E PTS: 1 REF: 44
22. ANS: C PTS: 1 REF: 44
23. ANS: C PTS: 1 REF: 46
24. ANS: B PTS: 1 REF: 44
25. ANS: A PTS: 1 REF: 50
26. ANS: C PTS: 1 REF: 48
27. ANS: C PTS: 1 REF: 46
28. ANS: E PTS: 1 REF: 44
29. ANS: A PTS: 1 REF: 51
30. ANS: B PTS: 1 REF: 43
TRUE/FALSE
1. ANS: T PTS: 1 REF: 49
2. ANS: T PTS: 1 REF: 65
3. ANS: F PTS: 1 REF: 43
4. ANS: T PTS: 1 REF: 63
5. ANS: F PTS: 1 REF: 59
6. ANS: F PTS: 1 REF: 49
7. ANS: T PTS: 1 REF: 43
8. ANS: T PTS: 1 REF: 64
9. ANS: F PTS: 1 REF: 51
10. ANS: T PTS: 1 REF: 60
11. ANS: T PTS: 1 REF: 45
12. ANS: F PTS: 1 REF: 58
13. ANS: T PTS: 1 REF: 47
14. ANS: T PTS: 1 REF: 64
15. ANS: T PTS: 1 REF: 65
16. ANS: T PTS: 1 REF: 64
17. ANS: T PTS: 1 REF: 59
18. ANS: F PTS: 1 REF: 63
19. ANS: T PTS: 1 REF: 59
20. ANS: T PTS: 1 REF: 59
COMPLETION
1. ANS: warrant

PTS: 1 REF: 49


2. ANS: Felony

PTS: 1 REF: 57


3. ANS: Eighth

PTS: 1 REF: 54


4. ANS: 1983

PTS: 1 REF: 60


5. ANS: tort

PTS: 1 REF: 59


6. ANS: Tenth

PTS: 1 REF: 55


7. ANS: Thomas Jefferson

PTS: 1 REF: 45


8. ANS: 1789

PTS: 1 REF: 45


9. ANS: Miranda v. Arizona

PTS: 1 REF: 52


10. ANS: Declaration of Independence

PTS: 1 REF: 43


11. ANS: Misdemeanor

PTS: 1 REF: 57


12. ANS: burden of proof

PTS: 1 REF: 52


13. ANS: strict liability

PTS: 1 REF: 58


14. ANS: precedent

PTS: 1 REF: 44


15. ANS: Fifth

PTS: 1 REF: 50


16. ANS: First

PTS: 1 REF: 48


17. ANS: Criminal

PTS: 1 REF: 56


18. ANS: Hearsay evidence

PTS: 1 REF: 53


19. ANS: legislative, executive, judicial

PTS: 1 REF: 46


20. ANS: ordinances

PTS: 1 REF: 45


21. ANS: Fourth

PTS: 1 REF: 50


MATCHING
1. ANS: A PTS: 1 REF: 58
2. ANS: K PTS: 1 REF: 44
3. ANS: D PTS: 1 REF: 43
4. ANS: M PTS: 1 REF: 59
5. ANS: B PTS: 1 REF: 44
6. ANS: H PTS: 1 REF: 57
7. ANS: G PTS: 1 REF: 45
8. ANS: I PTS: 1 REF: 57
9. ANS: F PTS: 1 REF: 44
10. ANS: N PTS: 1 REF: 44
11. ANS: E PTS: 1 REF: 58
12. ANS: C PTS: 1 REF: 43
13. ANS: J PTS: 1 REF: 58
14. ANS: O PTS: 1 REF: 51
15. ANS: L PTS: 1 REF: 51
OTHER
1. ANS:

Amendment

(number)

Case

(letter)







4

a

1.

Electronic eavesdropping is permissible under specific conditions and circumstances (49)

8

f

2.

The death penalty for murderers is not per se cruel and unusual Punishment (55)

8

l

3.

Excessive bail (54)

5

o

4.

It is not entrapment for an undercover agent to supply a defendant with an ingredient needed to manufacture illicit drugs (51)

4

g

5.

Evidence obtained using electronic surveillance of a telephone booth was not properly authorized and, thus, inadmissible (49)

2

n

6.

To challenge the constitutionality of a gun control statute, a defendant must show possession of a firearm has “some reasonable relationship to the preservation or efficiency of a well-regulated militia.” (48)

6

e

7.

States must provide free legal counsel to indigent defendants in all felony cases (54)

5

p

8.

Law enforcement can constitutionally use asset forfeiture without double jeopardy concerns (52)

1

b

9.

Fighting words likely to cause violence are not constitutionally Protected (47)

4

m

10.

Allows police to stop and frisk a “suspicious person” if reasonable based on officer’s experience and demeanor of the individual frisked (49)

4

c

11.

Police may search, without a warrant, a suspect and a limited area around the suspect to prevent the suspect from seizing a weapon or destroying evidence (49)

8

k

12.

A mandatory life sentence required by a state habitual offender statute is not cruel and unusual punishment (55)

5

i

13.

Public safety exception to the exclusionary rule (52)

2

j

14.

Modified Brady Bill, ruling that federal government is not empowered to require state or local law enforcement agencies to run background checks on prospective gun buyers (48)

5

h

15.

Citizens must be warned prior to custodial interrogation of their right to remain silent (52)

8

d

16.

The death penalty is unconstitutional if the sentencing authority is free to decide between the death penalty and a lesser penalty (55)

PTS: 1 REF: 55


ESSAY
1. ANS:

Answer not provided.

PTS: 1
2. ANS:

Answer not provided.

PTS: 1
3. ANS:

Answer not provided.

PTS: 1
4. ANS:

Answer not provided.



PTS: 1


Share with your friends:




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page