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| 1 | |
When Hamdi was captured, he was living in |
| | A) | Afghanistan. |
| | B) | Iraq. |
| | C) | Saudi Arabia. |
| | D) | Cuba. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 19 | |
Which of the following was not a consideration in the majority's finding that the WBC's speech was constitutionally protected? |
| | A) | The WBC did not interrupt the funeral. |
| | B) | The WBC's speech touched on issues of public importance. |
| | C) | The protesters complied with police directions about where they were allowed to stand. |
| | D) | The funeral was conducted in a publicly owned building. |
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| 20 | |
The type of law at issue in this case was |
| | A) | a law criminalizing hate speech. |
| | B) | a law criminalizing actions, but not speech, considered hateful. |
| | C) | a civil law protecting individuals from intentional harm by other individuals. |
| | D) | a civil law prohibiting individuals from interrupting private funerals. |
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| 21 | |
John Roberts, who believes that a school can punish a student for speech at a school-supervised event off of school grounds when that speech could be viewed as promoting illegal drug use, cites Tinker by saying that students do not "shed their constitutional rights to freedom of speech or expression at the |
| | A) | end of the school day." |
| | B) | schoolhouse gate." |
| | C) | whim of public officials." |
| | D) | bus stop." |
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| 22 | |
John Paul Stevens, who does not believe that a school can punish a student for speech at a school-supervised event off of school grounds when that speech could be viewed as promoting illegal drug use, cites Rosenberger when he writes that viewpoint discrimination is an egregious form of |
| | A) | content discrimination. |
| | B) | thought profiling. |
| | C) | intellectual suppression. |
| | D) | suppressed creativity. |
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| 23 | |
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. |
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| 24 | |
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. |
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| 25 | |
How old was Christopher Simmons when he committed murder? |
| | A) | 15 |
| | B) | 16 |
| | C) | 17 |
| | D) | 18 |
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| 26 | |
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. |
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| 27 | |
According to Sandra Day O'Connor, who believes that a sentence of life in prison for stealing $150 worth of videotapes is constitutional, the Ninth Circuit Court defined "objectively unreasonable" to mean |
| | A) | "unreasonable error." |
| | B) | "reasonable error. |
| | C) | "clear error." |
| | D) | "egregious error." |
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| 28 | |
David Souter, who does not believe that a sentence of life in prison for stealing $150 worth of videotapes is constitutional, contends that the State has chosen 25 years to life in prison because |
| | A) | the triggering offense was committed so soon after the previous offenses. |
| | B) | the triggering offense confirms the defendant's danger to society. |
| | C) | of the inherent social reprehensibility of the triggering offense. |
| | D) | the defendant is relatively young and therefore has the potential for rehabilitation. |
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| 29 | |
The Fourth Amendment provides that |
| | A) | no person can be compelled to confess when the police do not show a warrant. |
| | B) | anyone can have a gun in the home so long as they have a license for it. |
| | C) | as a general rule, people have a right not to have their homes searched unless a warrant is obtained in advance by the police. |
| | D) | people have a right not to have their homes searched without a warrant unless a federal agency such as the FBI is doing the search. |
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| 30 | |
The reason for a judge to give a warrant allowing the police to search a home or business is "probable cause". This means |
| | A) | budget cuts in police departments mean that there are not enough police to do surveillance and so they need to go in and search right away. |
| | B) | there is reason to believe that a crime has been committed involving evidence sought at that address. |
| | C) | the police believe that a recently released criminal is probably living at that address. |
| | D) | the police are working on a drug case and they think that a person who once dealt drugs lives in the area. |
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| 31 | |
According to Justice Antonin Scalia, who believes that the use of high-technology thermal imaging devices violates the Fourth Amendment search and seizure guaranty, at the very core of the Fourth Amendment stands the right of a man to |
| | A) | be free from surveillance without his knowledge. |
| | B) | be free from the fear of unreasonable governmental intrusion. |
| | C) | be free from warrantless searches perpetrated by law enforcement. |
| | D) | retreat into his own home and there be free from unreasonable governmental intrusion. |
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| 32 | |
Justice John Paul Stevens, who does not believe that the use of high-technology thermal imaging devices violates the Fourth Amendment search and seizure guaranty, criticizes the Court for |
| | A) | circumventing legislators' opportunities to decide future issues. |
| | B) | endeavoring to craft an all-encompassing rule for the future. |
| | C) | not grappling with future issues. |
| | D) | not grappling with contemporary emerging issues. |
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| 33 | |
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. |
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| 34 | |
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. |
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| 35 | |
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. |
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| 36 | |
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. |
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| 37 | |
Which case does Justice Marshall make reference to that calls marriage a "civil right?" |
| | A) | Griswold v. Connecticut |
| | B) | Goodridge v. Department of Public Health |
| | C) | Loving v. Virginia |
| | D) | Perez v. Sharp |
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| 38 | |
The Supreme Court held in 1948 that the prohibition against interracial marriage violated which clause of the 14th Amendment of the U.S. Constitution? |
| | A) | Equal protection |
| | B) | Due process |
| | C) | Separation of powers |
| | D) | Separation of church and state |
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| 39 | |
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. |
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| 40 | |
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. |
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