3rd Quarter Review

Which constitutional principle would an attorney use to justify the importance of the Miranda Warning?

• Right to a jury trial

• Protection from self-incrimination

• Protection from cruel and unusual punishment

• Protection from unwarranted searches

Joe Smith is a recent graduate of the local university in a small town. During his attendance at the university, he noticed that the local police often break up student gatherings and demonstrations for the university. As a result of the police department's actions, Joe wants to start a newspaper. However, a local judge has ordered the police to arrest Joe if he attempts to distribute any publications that question the police.

Which first amendment rights are the police and judge violating?

• Freedom of Press and freedom of Speech

• Freedom of Assembly and freedom of Speech

• Freedom of Assembly and freedom of the Press

• Freedom of Petition and freedom of the Press

Two days before the election, a newspaper published a story that a Senator running for office was involved in a scandal. The Senator lost the election and sued the newspaper for libel.

1. Under what circumstances would the Senator win the case?

2. Which type of law would be used in this case?

• If they can prove that the newspaper was also involved in the scandal. (Criminal Law)

• If they can prove that the newspaper was backed by the opposing candidate. (Civil Law)

• If they can prove that the story caused him to lose the election. (Criminal Law)

• If they can prove that the story was not true. (Civil Law)

Which statement BEST describes what this cartoon illustrates about Constitutional rights?

• The Equal Protection Clause found in the 14th Amendment protects the actions of the protester in this cartoon.

• Rights reserved to the people found in Amendment IV (4) protect the actions of the protester in this cartoon.

• There are limits to Constitutional freedoms such as the Freedoms of Speech and Assembly, when your actions impact public safety.

• The Freedoms of Speech and Assembly are protected and cannot be restricted by the government in any way.

1. Which choice below contains three (3) rights that were definitely violated in this scenario?

2. Which type of law would Lisa have been tried under?

• No cruel or unusual punishment, freedom of the press, Double Jeopardy (CIVIL LAW)

• No cruel or unusual punishment, Double Jeopardy, Trial by Jury (CRIMINAL LAW)

• No unreasonable search and seizure, Freedom of Speech, Trial by Jury (CIVIL LAW)

• No unreasonable search and seizure, Trial by Jury, Cruel and unusual punishment (CRIMINAL LAW)

Which set of statements below is true about the relational role of the levels of government in the American Legal System?

Statement 1: Laws made at the National level by Congress and are called Statutes Laws made at the State level by State Legislatures are called Ordinances Laws made by County Commissions or City Councils are called Acts or Laws

 

Statement 2: Laws made at the National level by Congress and are called Acts or Laws Laws made at the State level by State Legislatures are called Statutes Laws made by County Commissions or City Councils are called Ordinances

 

Statement 3: Laws made at the National level by Congress and are called Statutes Laws made at the State level by State Legislatures are called Ordinances Laws made by County Commissions or City Councils are called Acts or Laws

• Statement 1 is True

• Statement 2 is True

• Statement 3 is True

• None are True

Which answer choice BEST completes the the State Level and the National Level?

• State Level: U.S. Supreme Court; National Level: District Court of Appeals

• State Level: Judicial Branch; National Level: Legislative Branch

• State Level: District Court of Appeals; National Level: U.S. Supreme Court

• State Level: Judicial Branch; National Level: Executive Branch

Which statement identifies the significance of the U.S. Supreme Court decision in Brown v. Board of Education (1954)?

• It enforced racial segregation in public schools.

• It upheld state laws requiring payment of poll taxes to vote.

• It upheld the earlier decision of Dred Scott v. Sandford.

• It overturned the earlier decision of Plessy v. Ferguson.

The passage below is from the U.S. Supreme Court decision in In Re Gault (1967).

How did this decision impact future cases?

• Minors accused of crimes have a separate set of "Due Process" rights from adults.

• Minors accused of crimes are offered the same "Due Process" rights given to adults.

• Minors accused of crimes cannot be sentenced to the death penalty.

• Minors accused of crimes are handled at the federal level to avoid discrimination.

What lesson did state courts learn from the 1963 U.S. Supreme Court case Gideon v. Wainwright? 

• A person accused of a felony who cannot afford an attorney is entitled to have one appointed by the court.

• Minors are entitled to many of the same "Due Process" rights as adults.

• Suspects must be informed of their 5th and 6th Amendment rights prior to police interrogation.

• Evidence cannot be presented in a court trial if obtained by police in an unlawful search.