|
| 1 | When Hamdi was captured, he was living in |
 | A) | Afghanistan. |
| B) | Iraq. |
| C) | Saudi Arabia. |
| D) | Cuba. |
|
| 2 | The Fifth and Fourteenth amendments, as they relate to this case, refer to |
| A) | habeas corpus. |
| B) | separation of powers. |
| C) | due process. |
| D) | warmaking. |
|
| 3 | Which of the following is NOT an argument put forth by the DOJ to defend the warrantless wiretapping program? |
| A) | The NSA program is consistent with FISA. |
| B) | The "doctrine of constitutional avoidance" requires interpreting FISA to allow the NSA wiretapping program. |
| C) | The Fourth Amendment's "reasonableness" requirement is easily satisfied in the case of NSA wiretapping. |
| D) | The Supreme Court's decision in Katz v. US suggests that it
viewed foreign intelligence surveillance to fall outside the
purview of the Fourth Amendment. |
|
| 4 | According to the Department of Justice memorandum, the 2001 Authorization for Use of Military Force (AUMF) is best described as |
| A) | Explicitly repealing restrictions on foreign intelligence
gathering by the President. |
| B) | Implicitly repealing restrictions on foreign intelligence
gathering by the President. |
| C) | Modifying existing restrictions on foreign intelligence gathering by the President by providing that the Attorney General can issue wiretapping warrants without approval by the Foreign Intelligence Surveillance Court. |
| D) | Entirely silent on the issue of foreign intelligence gathering by the President. |
|
| 5 | Why did the Court agree with California that video games are covered by the First Amendment? |
| A) | Video games are an important part of a child’s experience. |
| B) | They are more visual than verbal and visual images are considered more important than speech. |
| C) | Like books and TV shows, video games communicate ideas through familiar means such as plots and dialogue. |
| D) | Any new media needs to be tested for content before it is covered by the First Amendment. |
|
| 6 | In the Stevens case, the Court held |
| A) | animal cruelty was disgusting and in need of prohibition. |
| B) | children need protection from viewing videos of animal cruelty. |
| C) | a State cannot decide new categories of actions or words that will not be protected by the First Amendment. |
| D) | seeing too much violence makes people immune to cruelty. |
|
| 7 | The case in which the Supreme Court reaffirmed Roe v. Wade but rejected Roe's trimester framework was: |
| A) | Stenberg v. Carhart. |
| B) | Planned Parenthood v. Kansas City, MO. |
| C) | Stenberg v. Ashcroft. |
| D) | Planned Parenthood v. Casey. |
|
| 8 | Which of the following accurately represents a difference between Stenberg v. Carhart and Carhart v. Gonzales? |
| A) | In Stenberg v. Carhart, the Court upheld an abortion regulation, while it did the opposite in Carhart v. Gonzales. |
| B) | The Court repudiated the "undue burden" concept in Stenberg v. Carhart, but reaffirmed it in Carhart v. Gonzales. |
| C) | Stenberg v. Carhart dealt with a state law, while Carhart v.
Gonzales addressed a federal law. |
| D) | The Court's holding in Stenberg v. Carhart was based on the 14th Amendment, while its holding in Carhart v. Gonzales was based on the 11th Amendment. |
|
| 9 | Justice William H. Rehnquist, who believes that restrictions on
physician-assisted suicide are constitutional, declares that the main question presented in the case Washington et al. v. Glucksberg et al. is whether or not Washington's prohibition against "causing" or "aiding" a suicide |
| A) | offends the First Amendment to the U.S. Constitution. |
| B) | puts improper restrictions on the right of a terminally ill
patient to refuse food and water. |
| C) | places an undue burden on physicians to provide treatment to terminally ill patients. |
| D) | offends the Fourteenth Amendment to the U.S. Constitution. |
|
| 10 | In examining the issue of whether or not there is a right to die, Judge Stephen Reinhardt, who does not believe that restrictions on physician-assisted suicide are constitutional, argues that one must first determine whether or not |
| A) | there is due process liberty interest that would permit a person to choose the time and manner of death in certain circumstances. |
| B) | the state that enacted the statute had it approved by
three-quarters of the electorate. |
| C) | a doctor or other health care professional was involved in
persuading the individual to take matters into his or her own hands. |
| D) | the person involved in the case had been treated for depression. |
|
| 11 | On which of the following issues did Justices Ginsburg and Breyer agree in the Grokster case? |
| A) | A company that produces technology that can be used for both legal and illegal purposes should never be held liable for its illegal use. |
| B) | A company that produces technology that can be used for both legal and illegal purposes should be held liable for its illegal use under all circumstances because that company should have modified its product to ensure it could only be used for legal purposes. |
| C) | A company that produces technology that can be used for both legal and illegal purposes should be held liable for its illegal use only if it can be shown that the illegal use "serves no legitimate social, economic, or cultural function." |
| D) | A company that produces technology that can be used for both legal and illegal purposes should be held liable for its illegal use if the company actively promotes its illegal uses. |
|
| 12 | The "staple article of commerce" doctrine is relevant to the Grokster case because |
| A) | The company that produces Grokster receives no revenue from its product. |
| B) | Grokster can be downloaded free from the internet by any computer user. |
| C) | Although used primarily to violate copyright law, Grokster could, at least in theory, be used for legal purposes. |
| D) | Grokster does not post a disclaimer on its website stating that it is not responsible for how others use its product. |
|
| 13 | The statute required the court to consider |
| A) | that no other relief would remedy the violation. |
| B) | that the relief is narrowly drawn and the least intrusive means necessary to correct the violation. |
| C) | any adverse impact on public safety or the operation of a
criminal justice system caused by the relief. |
| D) | all of the above. |
|
| 14 | Concerning the impact of releasing many inmates, which of the following did the court NOT find? |
| A) | Statistical evidence showed that prison populations had been lowered without adversely affecting public safety in several States, and Canada. |
| B) | Releasing inmates who had good time credits and sending low-risk offenders to community programs would have little or no impact on public safety. |
| C) | Prison officials needed flexibility to handle the release of
inmates. |
| D) | The court had to release the inmates even if it led to higher
crime rates. |
|
| 15 | Which of the following is offered as an explanation for the emergence of judicial elections? |
| A) | The Constitutional ban on state judicial elections was lifted by amendment. |
| B) | Judges demanded to be treated as equal to legislators. |
| C) | The public wanted to bring judicial decisions back into line with popular sentiment. |
| D) | Elections would allow the public to better determine judicial
philosophies. |
|
| 16 | Which of the following is not a complaint that has been voiced against judicial elections? |
| A) | Elections are influenced by special interest groups. |
| B) | Voters do not know enough about judicial candidates. |
| C) | Elections threaten judicial independence. |
| D) | The Constitution does not allow state judges to be chosen directly by the people. |
|
| 17 | Under Milford's policy, says Justice Clarence Thomas, who believes that religious groups have a right to use public school facilities after hours, a permissible purpose is teaching children |
| A) | Aesop's fables and parables from the Bible. |
| B) | ethics and character development. |
| C) | morals and character development. |
| D) | virtues and morality. |
|
| 18 | According to Justice David Souter, who does not believe that religious groups have a right to use public school facilities after hours, when the Good News Club utilizes songs and games, the heart of the meeting is the |
| A) | challenge and innovation. |
| B) | challenge and exhortation. |
| C) | committing and converting. |
| D) | invitation and receiving. |
|
| 19 | Clarence Thomas, who believes that a strip search of middle-school students that is aimed at finding drugs is permissible under the Fourth Amendment, notes that delineating the proper scope of a search of students in a way that is identical to that permitted for searches outside the school is referenced in the case T. L. O. as the |
| A) | justification for the action. |
| B) | nature of the infraction. |
| C) | character of the circumstance. |
| D) | context of the incident. |
|
| 20 | David Souter, who does not believe that a strip search of middle-school students that is aimed at finding drugs is permissible under the Fourth Amendment, reports that Savana Redding was taken to the school nurse’s office to search her clothes and person for |
| A) | pills. |
| B) | weapons. |
| C) | cigarettes. |
| D) | threatening notes. |
|
| 21 | In the case of Florida v. Jardins, the case focuses around the issue of whether the search was valid according to the Fourth Amendment. Justice Scalia said it was not valid because: |
| A) | It involved using a trained dog and dogs were not used trained to search during the time that the Constitution was drafted. No dogs can therefore be used now. |
| B) | The Florida Supreme Court had allowed the search because the dog had not entered the house itself but had only sniffed the air. |
| C) | The Fourth Amendment allows searches of people’s homes so long as the police find physical evidence, but none was found here. |
| D) | The Fourth Amendment guaranteed against unreasonable searches without a search warrant and includes searching around the outside of the home as well. |
|
| 22 | In this appeal, the State of Florida argued that investigation using a dog cannot be considered a privacy problem because: |
| A) | The Court has allowed canine sniffing of luggage at the airport (U.S. v. Place). |
| B) | There is no privacy issue when the police knock and no one
answers because no one is at home. |
| C) | The police do not need a warrant to search a car during a traffic stop. |
| D) | Both a and b. |
| E) | Both a and c. |
|
| 23 | How old was Christopher Simmons when he committed murder? |
| A) | 15 |
| B) | 16 |
| C) | 17 |
| D) | 18 |
|
| 24 | Atkins v. Virginia, a case referred to in both the Missouri Supreme Court ruling and Justice Kennedy's opinion refers to capital crimes committed by |
| A) | juveniles. |
| B) | the mentally retarded. |
| C) | the elderly. |
| D) | first offenders. |
|
| 25 | Antonin Scalia, who believes that there is a constitutional right to possess a firearm for private use, concludes that no precedent forecloses our adoption of the original understanding of the |
| A) | Second Amendment. |
| B) | Omnibus Crime Control and Safe Streets Act. |
| C) | Brady Handgun Violence Prevention Act. |
| D) | National Firearms Act. |
|
| 26 | John Paul Stevens, who does not believe that there is a constitutional right to possess a firearm for private use, shared the dissenting opinion with all of the following Justices, except |
| A) | Souter. |
| B) | Breyer. |
| C) | Kennedy. |
| D) | Ginsburg. |
|
| 27 | Sandra Day O'Connor, who believes that blanket prohibitions on cross burnings are unconstitutional, an elemental part of the new Klan was |
| A) | violence. |
| B) | religious fervor. |
| C) | racism. |
| D) | terrorism. |
|
| 28 | Clarence Thomas, who does not believe that blanket prohibitions on cross burnings are unconstitutional, refers to the Klan as a |
| A) | brotherhood. |
| B) | terrorist organization. |
| C) | social club. |
| D) | religious group. |
|
| 29 | According to Justice Kennedy, the constitutionality of a governmental search turns on |
| A) | Reasonableness. |
| B) | Emergency circumstances. |
| C) | A cost/benefit analysis. |
| D) | The individual’s physical discomfort. |
|
| 30 | Which of the following is not an argument made by Justice Kennedy in favor of permitting the collection of DNA samples after arrest? |
| A) | A DNA profile helps the police identify the arrestee. |
| B) | A DNA profile helps law enforcement link the arrestee to his Bertillon measurements. |
| C) | A DNA profile helps the court determine if the arrestee should be released on bail. |
| D) | A DNA profile helps the police determine if the arrestee is
unusually dangerous. |
|
| 31 | Which of the following is not an argument made by Justice Alito in his dissent? |
| A) | The Constitution does not bestow a right to same-sex marriage. |
| B) | The First Amendment protects Congress’ right to define marriage as it sees fit. |
| C) | Congress, not the judiciary, is the more appropriate body to determine the definition of marriage. |
| D) | That the Supreme Court does not have jurisdiction to hear the Windsor case because doing so would be to offer an advisory opinion. |
|
| 32 | Under what President was the Defense of Marriage Act passed? |
| A) | George H. Bush |
| B) | Bill Clinton |
| C) | George W. Bush |
| D) | Barack Obama |
|
| 33 | According to Clarence Thomas, who believes that race-conscious programs in public university admissions policies violate the Fourteenth Amendment's guarantee of equal protection under the law, the compelling interest of the Michigan law school should be |
| A) | diversity. |
| B) | educational benefits. |
| C) | racial balance. |
| D) | to retain the status quo in academic selectivity. |
|
| 34 | Sandra Day O'Connor, who does not believe that race-conscious programs in public university admissions policies violate the Fourteenth Amendment's guarantee of equal protection under the law, insists that the Fourteenth Amendment protects |
| A) | groups. |
| B) | persons. |
| C) | minors. |
| D) | races. |
|
| 35 | Which of the following were sources of disagreement between Justice Ginsburg and Chief Justice Roberts?
I. The constitutionality of the Affordable Care Act
II. The distinction between economic “activity” and “inactivity”
III. Whether the ACA was a valid exercise of congressional authority under the Commerce Clause |
| A) | I and II |
| B) | II and III |
| C) | I and III |
| D) | I, II, and III |
|
| 36 | The case in which the Supreme Court upheld a penalty for growing wheat for personal use was |
| A) | National Federation of Independent Businesses v. Sebelius |
| B) | Marbury v. Madison |
| C) | McCullough v. Maryland |
| D) | Wickard v. Filburn |
|
| 37 | The portion of S.B. 1070 upheld by the Supreme Court |
| A) | Allows police officers to run an immigration-status check on any individuals they suspect of being in the country illegally |
| B) | Allows police officers to run an immigration-status check on any individuals they suspect of working without a valid visa |
| C) | Allows police officers to run an immigration-status check on any individuals that have certain characteristics statistically
associated with being in the country illegally |
| D) | Allows police officers to run an immigration-status check on
individuals validly arrested for a crime |
|
| 38 | The part of the Constitution interpreted as saying that federal law preempts state law is |
| A) | The Supremacy Clause |
| B) | The Field Preemption Clause |
| C) | The Federal Preemption Clause |
| D) | The Federalist Clause |
|
| 39 | What is the normal test used by the Court in Establishment Clause cases? |
| A) | Rational Basis Test |
| B) | The Miller Test |
| C) | Compelling Government Interest Test |
| D) | The Lemon Test |
|
| 40 | What best describes the Court’s rationale for not using the normal Establishment Clause test? |
| A) | Establishment Clause is irrelevant in this case |
| B) | Free Exercise Clause more appropriate |
| C) | History precludes need for traditional Establishment Clause analysis |
| D) | Case does not involve a 1st Amendment issue |
|
| 41 | According to Chief Justice Roberts, which aspects of the First Amendment are invoked when an individual participates in public debate? |
| A) | Political expression. |
| B) | Political association. |
| C) | Both a and b. |
| D) | Neither a nor b. |
|
| 42 | According to Justice Breyer, what is the government’s primary interest in regulating campaign contributions? |
| A) | Keeping corporate and union money out of public elections. |
| B) | Maintaining the integrity of public governmental institutions. |
| C) | Protecting citizens from disparaging campaign advertisements. |
| D) | Reducing the number of political action committees. |