Constitutional Law
Exam Solutions
Course Introduction
Constitutional Law explores the foundational legal principles and frameworks that govern the organization, functions, and powers of government institutions, with particular emphasis on the interpretation and application of constitutional provisions. The course covers topics such as the separation of powers, federalism, the protection of individual rights and liberties, judicial review, and the roles of courts in interpreting constitutional text. Through case studies, landmark decisions, and analysis of constitutional amendments, students gain a comprehensive understanding of the dynamic relationship between government authority and the rights of citizens, as well as the ongoing debates shaping constitutional law in contemporary society.
Recommended Textbook
Criminal Procedure 3rd Edition by Matthew Lippman
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15 Chapters
856 Verified Questions
856 Flashcards
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Page 2
Chapter 1: An Introduction to Criminal Procedure
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61 Verified Questions
61 Flashcards
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Sample Questions
Q1) The ability granted to police officers, prosecutors, judges, and juries to make independent decisions regarding the social interest in keeping a person in the criminal justice process is known as discretion.
A)True
B)False
Answer: True
Q2) Most "common crimes," such as murder and robbery, are heard in the federal courts.
A)True
B)False
Answer: False
Q3) Of all of the sources for American procedural law, which is the oldest?
A)The U.S. Constitution
B)State constitutions
C)Common law
D)Court rules
Answer: C
Q4) The lowest level of the federal court system is made up of 94 _____.
Answer: district courts
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Page 3
Chapter 2: The Sources of Criminal Procedure
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) In which case did a Supreme Court Justice make this famous proclamation: "an act that is repugnant to the Constitution is void" and that "[i]t is emphatically the province and duty of the judicial department to say what the law is"?
A)Marbury v. Madison
B)Madison v. United States
C)Marshall v. Madison
D)Brown v. Board of Education
Answer: A
Q2) What is the presumption of regularity?
Answer: Prosecutors are expected to use "judgment and common sense" in filing criminal charges, and courts will not second-guess a prosecutor's decision.
Q3) Which of the following was not addressed in the original U.S. Constitution (excluding the Bill of Rights)?
A)Protection against ex post facto laws
B)Protection against excessive bail
C)The right to habeas corpus
D)The right to a trial by jury
Answer: B
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Chapter 3: Searches and Seizures
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57 Verified Questions
57 Flashcards
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Sample Questions
Q1) Which of the following may a law enforcement officer enter without probable cause or a search warrant?
A)The shop area of a hardware store, with an "employees only" sign posted on the wall
B)An unoccupied dressing room at a department store
C)The manager's office of a small printing company
D)The manager's office of a large, publicly traded manufacturing company
Answer: B
Q2) If a search or seizure is determined to be unlawful, which of the following is the most likely result?
A)Any evidence seized would be inadmissible as fruits of the illegal seizure.
B)All evidence is still admissible when used to establish guilt.
C)The evidence is shown to only the judge, not the jury.
D)The officer will be put on administrative leave.
Answer: A
Q3) Explain why a warrant is not necessary to search through someone's trash.
Answer: It's abandoned property.
Q4) The Fourth Amendment protects citizens from _____ searches and seizures.
Answer: unreasonable
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Page 5
Chapter 4: Stop and Frisk
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Sample Questions
Q1) Race can be considered when using a profile, as long as it is one of many factors used.
A)True
B)False
Q2) To rely solely on race to stop or detain a person would be against the rights provided in the _____ and Fourteenth Amendments.
A)Second
B)Fifth
C)Ninth
D)Thirteenth
Q3) In addition to weapons, what other type of item can be seized during a frisk?
A)Contraband
B)Narcotics
C)Wallets
D)Electronics
Q4) When Terry v. Ohio was passed, critics of the new rules feared that the new rules would lead to the destruction of civil liberties. Why did they hold this concern? How did the Court (or how does the rule established in Terry) attempt to assuage these fears?
Q5) The level of proof necessary to conduct a stop and frisk is _____.
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Chapter 5: Probable Cause and Arrests
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Sample Questions
Q1) Stemming from Atwater v. City of Lago Vista, the U.S. Supreme Court opted not to mandate the rules regarding arrests and misdemeanors but rather left it to the states to decide.
A)True
B)False
Q2) As a general rule, defendants do not have a right to confront _____ at trial.
A)victims
B)witnesses
C)children
D)informants
Q3) Explain why courts are reluctant to find that the reports of informants constitute probable cause.
Q4) An arrest is entered into an individual's criminal record, regardless of whether charges are filed.
A)True
B)False
Q5) How may the legality of an arrest warrant be challenged?
Q6) An alternative to an arrest for a misdemeanor offense is a/an _____.
Q7) It is that the magistrate issues a warrant be both _____ and _____.
Q8) What level of force may be used when an officer is making an arrest?
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Chapter 6: Searches and Seizures of Property
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Sample Questions
Q1) Two roommates share an apartment, sharing all rooms except their separate bedrooms. Which of the following rooms can one roommate grant consent to a search?
A)Living room
B)Kitchen
C)Bathroom
D)All of the above
Q2) Police observe a suspect with a bag they believe (with probable cause) to be carrying drugs. The suspect places the bag in the trunk of the car and drives away. When the police stop the vehicle, where can they look to find the drugs?
A)Anywhere in the car drugs can be hidden
B)On the suspect's person and in the trunk
C)On the suspect's person and in the bag in the trunk
D)They cannot stop him until they get a warrant
Q3) An officer's subjective motivations need not be considered in regard to the Fourth Amendment justifications for an arrest.
A)True
B)False
Q4) The knock-and-announce rule has its origins in _____.
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Page 8
Chapter 7: Inspections and Regulatory Searches
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Sample Questions
Q1) In order to pass constitutional muster, border searches must be conducted _____.
A)in a routine fashion
B)within 100 yards of the border
C)by uniformed border patrol agents
D)during the daytime
Q2) The result of a violation found via an administrative inspection typically is _____.
A)criminal incarceration
B)a criminal fine
C)a civil fine
D)a verbal reprimand
Q3) What level of proof is required for school officials to search the property of students for contraband?
A)Probable cause
B)Modified probable cause
C)A preponderance of the evidence
D)Reasonable suspicion
Q4) Articulate the difference between and give examples of routine and nonroutine border searches and the differing levels of suspicion required by each.
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Chapter 8: Interrogations and Confessions
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Sample Questions
Q1) A declaration in which an individual provides a fact that tends to establish his/her guilt is known as a/an _____.
A)admission
B)confession
C)elaboration
D)statement
Q2) In order to invoke the public safety exception to Miranda, police must only have asked questions directed to safeguard the public from harm.
A)True
B)False
Q3) Which of the following is an example of testimonial evidence?
A)Handwriting exemplars
B)Hair samples
C)An eyewitness account
D)Examination of tattoos
Q4) If the police use the "question first and warn later" interrogation technique, any statement made by the suspect is inadmissible at trial.
A)True
B)False
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Chapter 9: Eyewitness and Scientific Identifications
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Sample Questions
Q1) The U.S. Supreme Court has held that an attorney need not be present during a photographic lineup in which of the following situations?
A)When it's conducted before the indictment
B)When it's conducted after the indictment
C)When it's conducted before or after the indictment
D)When the suspect has previous convictions on his record
Q2) Identify at least three steps that can be taken to minimize the possibility of bias in a photographic lineup. Explain how these steps can help reduce bias/misidentification.
Q3) Which of the following methods of eyewitness identification is thought to produce the most accurate identification?
A)Lineups with each person speaking a phrase
B)Lineups without each person speaking a line
C)Photographic lineups
D)Sequential showups
Q4) A suspect is to be granted the right to counsel at any "critical stage" of the criminal process.
A)True
B)False
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Chapter 10: The Exclusionary Rule and Entrapment
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Sample Questions
Q1) When police seize evidence without a warrant, the burden of proof in regard to the admissibility of that evidence falls on the _____.
Q2) According to past rulings by the U.S. Supreme Court, which of the following individuals has a reasonable (objective and subjective) expectation of privacy?
A)An individual who has placed items in a bag belonging to someone else
B)A passenger in an automobile who has stored items in the glove compartment
C)An individual who has rented a hotel room for the purpose of attending a business meeting
D)An overnight guest at the home of a friend
Q3) Research conducted by Thomas Davies indicates that _____ of all felony arrests are either not prosecuted or result in nonconvictions at trial due to loss of evidence from the exclusionary rule.
A)less than 3%
B)just under 10%
C)about 15%
D)about 33%
Q4) What is a collateral proceeding, and how does it relate to the exclusionary rule?
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Chapter 11: Civil and Criminal Remedies for Constitutional Violations
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Sample Questions
Q1) Which of the following is least likely to be an example of a police officer acting under "color of law"?
A)An off-duty officer in street clothes flashes his badge while stopping an individual while working as a bouncer at a nightclub.
B)An off-duty officer in street clothes shoots an individual in a bar fight with a non-police-issue weapon.
C)An off-duty officer, while wearing his uniform, stops an individual while working as a private security guard.
D)An off-duty officer in street clothes apprehends an individual after identifying himself as an officer and telling the individual to stop.
Q2) The U.S. Supreme Court has held that police have a legal obligation to take an individual accused of domestic violence into custody for the protection of the victim(s).
A)True
B)False
Q3) Explain what an injunction is, its purpose, and the standard used when determining whether it is proper to be granted.
Q4) What is the difference between absolute immunity and qualified immunity?
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Chapter 12: The Initiation of the Legal Process, Bail, and the
Right to Counsel
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Sample Questions
Q1) Which of the following does not occur at the initial appearance?
A)The defendant is informed of his/her right to counsel.
B)The defendant is informed of his/her right to pretrial release.
C)The defendant is informed of his/her right to a speedy trial.
D)The defendant is informed of his/her right of postconviction appeals.
Q2) The defendant is informed of the charges against him/her during the probable cause hearing.
A)True
B)False
Q3) The practice of posting bail was important to the Founding Fathers because such a right was completely unheard of in England at the time.
A)True
B)False
Q4) Individuals being held in pretrial detention are _____ until trial.
A)held in the local prisons
B)held in short-term jails
C)placed under house arrest
D)unable to leave the state
Page 14
Q5) A defendant who is unable to reasonably afford counsel is said to be _____.
Q6) The prosecutor is a member of which branch of government?
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Page 15
Chapter 13: The Courtroom: The Pretrial and Trial Process
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Sample Questions
Q1) The remedy for a violation of the right to a speedy trial is which of the following?
A)Reversal of the conviction
B)Dismissal of the charges
C)Restitution
D)An automatic appeal process
Q2) In which case did the U.S. Supreme Court set the precedent that the Due Process Clause prohibits states from "invidiously discriminating on the basis of race?"
A)Ballew v. Georgia
B)Ham v. South Carolina
C)Strauder v. West Virginia
D)Thompson v. Utah
Q3) Which of the following is not a criticism put forth of the grand jury system?
A)The grand jury works closely with the prosecutor.
B)Laypersons lack the expertise to determine the existence of probable cause.
C)The defendant has no ability to challenge the facts presented by the prosecutor.
D)All of the above.
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Chapter 14: Sentencing and Appeals
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Sample Questions
Q1) An offender is convicted of misdemeanor vandalism, but instead of being sentenced to jail, she is given 200 hours of community service, much of which is spent cleaning up her own graffiti and similar acts of vandalism. This is an example of which purpose of punishment?
A)Deterrence
B)Incapacitation
C)Rehabilitation
D)Restitution
Q2) Which of the following was not one of the aggravating circumstances of murder upheld in Gregg v. Georgia?
A)Defendant committed the murder while engaged in another dangerous felony.
B)Defendant intentionally killed a law an on-duty law enforcement officer.
C)Defendant murdered a family member.
D)The murder was carried out for hire.
Q3) _____ is the purpose of punishment where punishment is intended to reform offenders.
Q4) Federal sentencing guidelines are not mandatory.
A)True
B)False
Q5) Explain the Three Strikes and You're Out Law and its unintended consequences.
Page 17
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Chapter 15: Counterterrorism
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Sample Questions
Q1) Sneak-and-peek searches are limited to terrorism investigations.
A)True
B)False
Q2) What is the relationship between FISA and the USA PATRIOT Act? What is the purpose of the USA PATRIOT Act and how is it achieved?
Q3) According to the combatant status review tribunals, an enemy combatant is an individual who is affiliated with or supports the Taliban, al-Qaeda, or associated forces.
A)True
B)False
Q4) In order to issue a material witness warrant, the government must establish evidence of the subject's flight risk to a "near certainty."
A)True
B)False
Q5) One flaw noted by the U.S. Supreme Court with military commissions is that hearsay evidence was allowed.
A)True
B)False
Q6) What is an enemy combatant for purposes of the CSRT process?
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