 |
| 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 | |
Anthony Kennedy, who believes that foreign nationals detained at Guantanamo Bay as "enemy combatants" should be able to contest their detention before a judge, reminds us that the Framers' constitutional plan to allocate powers among three independent branches serves not only to make the federal government accountable, but also to assure: |
| | A) | national security. |
| | B) | jurisprudence. |
| | C) | states' rights. |
| | D) | individual liberty. |
|
|
|
| 4 | |
Antonin Scalia, who does not believe that foreign nationals detained at Guantanamo Bay as "enemy combatants" should be able to contest their detention before a judge, contends that the branch of government that knows the least about national security concerns is the: |
| | A) | executive. |
| | B) | military. |
| | C) | judicial. |
| | D) | legislative. |
|
|
|
| 5 | |
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. |
|
|
|
| 6 | |
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. |
|
|
|
| 7 | |
Which of the following accurately describes the district court's view of El-Masri's case? |
| | A) | El-Masri lacks standing to sue the CIA because he cannot prove he was, in fact, a victim of extraordinary rendition. |
| | B) | El-Masri may have a valid claim against the CIA, but it is not one that can be vindicated through a lawsuit. |
| | C) | El-Masri's cannot sue the CIA because he is a German citizens and only United States citizens can sue the US government in federal court. |
| | D) | El-Masri case should proceed to trial, but it is up to the court to decide if some of the government's evidence should be withheld from disclosure because of state secrets. |
|
|
|
| 8 | |
In the context of the readings from this chapter, the term "rendition" means: |
| | A) | The torture of individuals in contravention of international law and legal norms. |
| | B) | The seizure and transport of individuals through extra-legal means. |
| | C) | The extradition of individuals through political negotiations. |
| | D) | The use of force to kill suspected terrorists or criminals before they have a chance to attack. |
|
|
|
| 9 | |
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 |
|
|
|
| 10 | |
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. |
|
|
|
| 11 | |
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. |
|
|
|
| 12 | |
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. |
|
|
|
| 13 | |
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. |
|
|
|
| 14 | |
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. |
|
|
|
| 15 | |
The purpose of "frisks" during a Terry stop, according to the petitioner, is to: |
| | A) | Protect police officers |
| | B) | Surprise the suspect |
| | C) | Further the investigation |
| | D) | Find terrorists |
|
|
|
| 16 | |
The U.S. Supreme Court's attempt at balancing individual rights to privacy and the community's interest in law enforcement as it relates to the Fourth Amendment is called: |
| | A) | Reasonable doubt |
| | B) | Guilt by association |
| | C) | Probable cause |
| | D) | Self-incrimination |
|
|
|
| 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 | |
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." |
|
|
|
| 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. |
|
|
|
| 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 | |
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." |
|
|
|
| 26 | |
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. |
|
|
|
| 27 | |
Clarence Thomas, who believes that drug use testing of students who participate in extracurricular activities is permitted under the Fourth Amendment, views the public school system in relation to children as: |
| | A) | disciplinarian. |
| | B) | advocate. |
| | C) | parent. |
| | D) | guardian. |
|
|
|
| 28 | |
Ruth Bader Ginsburg, who does not believe that drug use testing of students who participate in extracurricular activities is permitted under the Fourth Amendment, maintains that the great majority of students that the Tecumseh school district seeks to test are engaged in activities that: |
| | A) | could result in serious injury if not safety enhanced. |
| | B) | are low-intensity activities. |
| | C) | are not safety sensitive to an unusual degree. |
| | D) | do not require a safe environment. |
|
|
|
| 29 | |
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. |
|
|
|
| 30 | |
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. |
|
|
|
| 31 | |
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. |
|
|
|
| 32 | |
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. |
|
|
|
| 33 | |
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 |
|
|
|
| 34 | |
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 |
|
|
|
| 35 | |
According to Justice John Paul Stevens, who believes that children with disabilities should be provided with extraordinary care in order to attend regular classes in public schools, Garret F. is about: |
| | A) | whether or not society will provide a meaningful education for its children. |
| | B) | whether or not the U.S. government has a meaningful role to play in local education. |
| | C) | whether or not meaningful access to the public schools will be assured. |
| | D) | all of the above |
|
|
|
| 36 | |
According to Justice Clarence Thomas, who does not believe that children with disabilities should be provided with extraordinary care in order to attend regular classes in public schools, Garret F. is about: |
| | A) | the level of education that a school must finance once access is attained. |
| | B) | the level of education that a school must guarantee for all its children. |
| | C) | whether or not a student with "special needs" has a right to an education. |
| | D) | whether or not a student with "special needs" should be "mainstreamed" into the public school system. |
|
|
|
| 37 | |
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. |
|
|
|
| 38 | |
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. |
|
|
|
| 39 | |
Judge Rosemary Barkett of the U.S. Court of Appeals for the Eleventh Circuit, who believes that the Constitution forbids the execution of a convicted murderer who is "actually innocent," sets forth her contention that, unlike the record in Herrera, the evidence presented by Davis in support of his actual innocence claim is: |
| | A) | scientific and indisputable. |
| | B) | properly filed and legitimately pursued. |
| | C) | unclear and doubtful. |
| | D) | significant and compelling. |
|
|
|
| 40 | |
U.S. Supreme Court Associate Justice Antonin Scalia, who does not believe that the Constitution forbids the execution of a convicted murderer who is "actually innocent," describes the claim of the petitioner (Troy Anthony Davis) as: |
| | A) | a sure loser. |
| | B) | a condemned man's last, best hope. |
| | C) | an honest, but futile try. |
| | D) | poorly timed. |
|
|
|
| 41 | |
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. |
|
|
|
| 42 | |
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. |
|
|
.