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Worksheets21S - Foundations - Intro
Total questions: 110
Worksheet time: 1hrs 17mins
Which of these statements are true about the "right to remain silent."
It is a right created by statute.
It is a right that arises from the US Constitution.
It is a right that arises from the right against self-incrimination.
It is not a "right" at all.
Which of these are true statements about the Hohfeldian analysis:
It is named after some dead guy named Wesley
It is a way to look at rights and duties
It is limited to the Bill of Rights in the US Constitution
None of these
Which of these are building blocks of the Hohfeldian Analysis:
Claims
Duties.
Liberties
No-claims
Which of these are true statements about the rights of George Floyd that were violated?
Section 1983 of the Civil Rights Act gives George (and his family) the right to sue the police.
It is a right that arises from the US Constitution
The 14th Amendment extends to State action the 5th Amendment due process rights.
It is a right that arises from the right against self-incrimination
It is not a "right" at all - it is a moral issue, not a legal issue
"The Law and Public Service program is designed for students interested in careers focused on _______ and ___________ issues and fire science."
legal
investigative
local
national
The right to remain _____ comes from the _____ Amendment to the U.S. Constitution. This includes the right to avoid self _________.
Wealthy
Silent
4th
5th
Incrimination
The right to remain (a) comes from the 5th Amendment to the U.S. Constitution. This includes the right to avoid self incrimination.
The right to remain silent comes from the (a) Amendment to the U.S. Constitution. This includes the right to avoid self incrimination.
The right to remain silent comes from the 5th Amendment to the U.S. Constitution. This includes the right to avoid self (a) .
What does a public defender do?
Defends people against police violence.
Prosecutes defendants who are charged with crimes, but can't afford an attorney.
Defends people who are charged with crimes, but can't afford an attorney.
None of the above.
Which of these are true statements about police searches:
The Fourth Amendment to the U.S. Constitution limits the ability of police to search people
The Fourth Amendment to the U.S. Constitution normally requires a warrant from a judge before police can conduct a search
There are exceptions, including when it is not practical to get a search warrant before the evidence would be lost - for example if the evidence is in your car.
The Fourth Amendment to the U.S. Constitution normally requires probable cause before judges can issue a search warrant
Probable cause means more likely than not, regardless of who the judge is.
Which of these are true statements about police searches:
If a search violates the Fourth Amendment, and the police find something illegal during the search, they can not use the evidence in court
The "exclusionary rule" is in the Fourth Amendment.
If a search violates the Fourth Amendment, the police can't use anything that they learn as a result of the search
The "fruit of the poisonous tree" refers to the analogy between Adam and Eve, and illegal police searches
True or False. If you consent to a search of your car, the police don't need probable cause to search it.
True
False
Which of the following are true about the police's right to make "investigative stops."
Police need probable cause before they can make an "investigative stop."
Police need a "reasonable suspicion" for an investigative stop.
Reasonable suspicion requires a particularized and objective basis to suspect legal wrongdoing.
Seeing a truck licensed to a driver with a suspended license would not be a “a particularized and objective basis” to suspect a crime has been committed.
Probable cause is a lower hurdle than reasonable suspicion.
Which of these impact how high bail is set:
the severity of the alleged offense
the likelihood that the defendant will commit additional crimes after being released
the chances that the defendant will flee the jurisdiction before trial
Whether the case is in federal court or state court
the 8th Amendment
Which of the following statements about stare decisis are true:
It is the legal concept that courts should follow precedent, even if they don’t agree with it.”
Stare decisis applies to all state courts and federal courts, except the U.S. Supreme Court. .
A decision to overrule an earlier case “should rest on some special reason over and above the belief that [the] prior case was wrongly decided.
None of these - "stare decisis" means court decisions ("decisis") must be specifically stated
According to Kimberly Motley, the role of "justness" is:
According to Kimberly Motley, the role of "justness" is:
To minimize the obligations that people have
To protect businesses, but not people
To protect people, but not businesses
To protect people, businesses, and NGOs
Motley attributes her success to which of these:
She works the system from the inside out
She uses the laws as they were intended to be used
She helps create new laws
She helps her clients find a way around the law
True or False. Freedom of the press makes governments more accountable and more transparent.
True
False
"“Effective communication in the legal services environment." includes
No breathing through your nose
No breathing through your mouth
No cussing
None of these
"Describe and follow ethical rules, including professionalism, integrity, competence, and confidentiality" - includes
No breathing through your nose
No breathing through your mouth
No cussing
None of these
Which of these are violations of the Academic Honesty Policy
Cheating on tests or assignments
Sharing screenshots of tests or answer keys
Plagiarism
Sharing work without permission
Which of these are consequences for violating the Academic Honesty Policy:
the student will lose full credit for the assignment
The student will not be permitted to redo the work in question
It could cause the student to fail the course.
None of these
"Respect" in our classroom means:
you don't talk when classmates are talking
you don't talk when the teacher is talking
you respect each others’ opinions, even if you disagree
you present your opinion or positions with facts and logic – not with derogatory labels
Which of these are widely accepted for learning law:
Socratic method
Case briefs - including QSAFD
Case study method
Students create outlines
Learning Latin
A strawman argument:
is a fact or opinion that seems relevant to the issue, but really isn't
is a fallacy that attacks a position the opponent doesn’t really hold.
is a fallacy that happens when you mistake something for the cause just because it came first.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
A red herring :
is a fact or opinion that seems relevant to the issue, but really isn't
is a fallacy that attacks a position the opponent doesn’t really hold.
is a fallacy that happens when you mistake something for the cause just because it came first.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
Post hoc ergo proctor hoc:
is a fact or opinion that seems relevant to the issue, but really isn't
is a fallacy that attacks a position the opponent doesn’t really hold.
is a fallacy that happens when you mistake something for the cause just because it came first.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
Slippery slope:
is a fact or opinion that seems relevant to the issue, but really isn't
is a fallacy that attacks a position the opponent doesn’t really hold.
is a fallacy that happens when you mistake something for the cause just because it came first.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
Ad hominem:
is a logical fallacy that attacks the person, not the argument.
is a logical fallacy that assumes there are only two possible answers.
is a logical fallacy where a person’s argument is just repeating what they already assumed.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
False dichotomy:
is a logical fallacy that attacks the person, not the argument.
is a logical fallacy that assumes there are only two possible answers.
is a logical fallacy where a person’s argument is just repeating what they already assumed.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
Circular reasoning:
is a logical fallacy that attacks the person, not the argument.
is a logical fallacy that assumes there are only two possible answers.
is a logical fallacy where a person’s argument is just repeating what they already assumed.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
Which of these are true statements about the Socratic Method:
It is where students sit in concentric circles and discuss issues
It is named after a Greek philosopher, and may be Socrates' most enduring contribution to philosophy
It seeks to explore the foundations of students' views by asking CONTINUAL QUESTIONS
It is used in most law schools
It is used in the Paper Chase to “discover” that the contract damages are the difference between what the medical patient had before surgery (a burnt hand), and after surgery (a burnt and harry hand).
Over the course of a semester, you will try to integrate the content of your (a) and your briefs into a cohesive whole called an outline.
Over the course of a semester, you will try to integrate the content of your notes and your (a) into a cohesive whole called an outline.
Over the course of a semester, you will try to integrate the content of your notes and your briefs into a cohesive whole called an (a) .
An (a) is essential to establish a system that will allow you to recall the legal principals applicable to a given fact pattern.
An outline is essential to establish a system that will allow you to recall the (a) principals applicable to a given fact pattern.
An outline is essential to establish a system that will allow you to recall the legal principals applicable to a given (a) pattern.
Dialogue is _____ and thrives on an _____ attitude.
Collaborative
Broadens
Open minded
Respects
Answers
Dialogue _____ a participant’s own point of view.
Collaborative
Broadens
Open minded
Respects
Answers
Dialogue _____ all participants.
Collaborative
Broadens
Open minded
Respects
Answers
Dialogue assumes that many people have pieces of _____.
Collaborative
Broadens
Open minded
Respects
Answers
Socratic Seminar Guidelines: _____ – no one can _____ while someone else is speaking.
Build
Speak
Specific
Listen
Text
Socratic Seminar Guidelines: Speakers must try to _____ on what others say.
Build
Speak
Specific
Listen
Text
Socratic Seminar Guidelines: Speakers must refer to the _____ parts of the _____ when their comment is directly tied to the article or opinion.
Build
Speak
Specific
Listen
Text
At the end of each unit we: take a _____.
Questionnaire
Quiz, Test, or Quest
Homework
Scores
Review
At the end of each unit we: fill out a _____ explaining what we learned, what worked and what didn’t work.
Questionnaire
Quiz, Test, or Quest
Homework
Scores
Review
At the end of each unit we: do reading _____ for the next section.
Questionnaire
Quiz, Test, or Quest
Homework
Scores
Review
At the end of each unit we: review a graph that shows the _____ for that unit.
Questionnaire
Quiz, Test, or Quest
Homework
Scores
Review
At the end of each unit we: _____ the quiz, quest, or test to learn from our misses.
Questionnaire
Quiz, Test, or Quest
Homework
Scores
Review
In a democracy, power is supposed to reside with:
Congress
The Courts
The people
The wealthy
The president
Power:
Determines who gets to make the rules of the game
Is key to being taken seriously
Is something you need to understand to play the game
Is necessarily good
Is necessarily evil
In which of these sources of power do we use LAWS to encourage people to do what we want them to, and not do what we don't want them to do?
Physical force
Wealth
State action
Social norms
Ideas
Which of these sources of power was the primary factor in achieving marriage equality?
Physical force
Wealth
State action
Social norms
Ideas
Which of these are sources of power?
Physical force
Wealth
State action
Social norms
Ideas
To "read power" means to:
To pay attention to as many "texts" of power as you can
To map out who has what power, arrayed in what systems
To find out who created the power, and who wants to keep it that way
To study the strategies that others have used to gain power
To read, so you may write
Prinsky. Which of these are statements about the Governor's power is/are true:
The governor's power comes from the state constitution
The governor's power comes from the U.S. constitution
The governor's power is limited by the state constitution.
The governor's power is limited by the U.S. constitution
Prinsky. Which of these are statements about the Judge's power is/are true:
The judge's power comes from the state constitution
The judge's power comes from the U.S. constitution
The judge's power is limited by the state constitution.
The judge's power is limited by the U.S. constitution
Prinsky. Which of these are required to get a preliminary injunction.
Likelihood of success on the merits
Certainty that the plaintiff will win
Irreparable harm if there is no order before the case is tried
None of these
In college, which of these can be consequences for academic dishonesty?
Points deducted
Fail assignment
Fail course
Suspended from School
Expelled from school
True or False. Even if you graduate law school and pass the bar, a history of academic misconduct can prevent you from being admitted to practice law.
True
False
Which of these are true about academic integrity.
It is only important in college.
It is only important in high school.
It is important to establish your integrity and discipline in high school.
For most people, the temptation to cheat increases in college.
For most people, the temptation to cheat increases in the work force.
What Amendment is violated when police use excessive force?
4th Amendment
5th Amendment
6th Amendment
7th Amendment
8th Amendment
Excessive force by police violates: "The right of the people to be secure in their persons . . . against unreasonable searches and (a) ."
When suing a police officer for violating constitutional rights by hurting or killing someone during an arrest, a successful plaintiff must prove the officer's conduct:
Was excessive force
Was an unreasonable seizure
Violated a clearly established right
Was such that any reasonable official in the defendant’s shoes would have understood that he was violating a right
Was not authorized by the Police Chief
If you wanted to use the courts to abolish the qualified immunity defense in excessive force cases, which court would be required to reverse prior precedent?
(a)
In the 1966 case of Miranda v. Arizona, what crimes was the defendant charged with?
Kidnapping
Rape
Breaking and entering
Burglary
In the 1966 case of Miranda v. Arizona, what court created a new rule about signed confessions?
(a)
In the 1966 case of Miranda v. Arizona, what court created a new rule about signed confessions?
(a)
Why, in the 1966 case of Miranda v. Arizona, did the court that created a new rule about signed confessions have jurisdiction to hear the case?
Diversity jurisdiction
Federal question jurisdiction
Res judicata
Writ of certiorari
What is the name of the warning that police give, to satisfy the requirements announced in the 1966 case of Miranda v. Arizona?
(a)
Plaintiffs start a case in federal court by filing a _____.
Motion to Dismiss
Answer
Complaint
Liability
Default Judgment
Defendants have 30 days to file an _____ or _____.
Motion to Dismiss
Answer
Complaint
Liability
Default Judgment
If the defendant doesn’t respond to the Complaint, the plaintiff can get a _____ _____.
Motion to Dismiss
Answer
Complaint
Liability
Default Judgment
If the defendant doesn’t respond to the Complaint, the defendant is treated as admitting _____.
Motion to Dismiss
Answer
Complaint
Liability
Default Judgment
When ruling on a motion to dismiss, the judge takes the facts alleged in the complaint as _____.
Denied
Granted
Law
True
When ruling on a motion to dismiss, the judge decides whether the plaintiff’s claim would fail as a matter of _____, even if all the allegations in their complaint are proved true at trial.
Denied
Granted
Law
True
If the motion to dismiss is _____, the case is over.
Denied
Granted
Law
True
If the motion to dismiss is _____, the case moves forward toward trial.
Denied
Granted
Law
True
The 14th Amendment extends the Bill of Rights protections to the conduct of _____ employees.
Federal
State
14th
1983
To protect former slaves from the backlash of southern states, the ____ Amendment was passed.
Federal
State
14th
1983
To protect former slaves from the backlash of southern states, Congress also passed what is now Section _____ of the Equal Protection Act.
Federal
State
14th
1983
The three ways that a case can end before trial are:
Motion for Summary judgment
Motion to Dismiss
Motion to Strike
Writ of Certiorari
Settlement
This allows you to challenge a jury verdict:
Motion for Summary judgment
Motion to Dismiss
Motion to Strike
Appeal as of right
Settlement
For these, the judge assumes that the facts in the Complaint are true.
Motion for Summary judgment
Motion to Dismiss
Motion to Strike
Appeal as of right
Settlement
For these, the judge uses the undisputed facts that are established in the case through discovery.
Motion for Summary judgment
Motion to Dismiss
Motion to Strike
Appeal as of right
Settlement
Which of these apply in a jury trial in a criminal case:
The burden of proof is beyond a reasonable doubt
The jury decides if there is probable cause to believe the accused committed the crime
The jury decides if the defendant is guilty
The jury must be unanimous
The jury has the right to subpoena witnesses and information
Which of these apply in a grand jury proceeding:
The burden of proof is beyond a reasonable doubt
The jury decides if there is probable cause to believe the accused committed the crime
The jury decides if the defendant is guilty
The jury must be unanimous
The jury has the right to subpoena witnesses and information
Which of these apply in a grand jury proceeding:
The judge rules on evidentiary objections
The defendant has a right to defense by an attorney
The rules of evidence apply
The proceedings are open to the public
The jury decides if the accused should be indicted
Which of these apply in a criminal jury trial:
The judge rules on evidentiary objections
The defendant has a right to defense by an attorney
The rules of evidence apply
The proceedings are open to the public
The jury decides if the accused should be indicted
Which of these apply in a civil case brought against police officers:
The plaintiff/prosecutor must show that the police used excessive force
The plaintiff/prosecutor must show that the police knew they were violating a constitutional right
The claim is under Section 1983 of the Civil Rights Act
The claim is for an unreasonable seizure in violation of the 4th Amendment – which the 14th Amendment applies to state governments
The plaintiff must prove their case beyond a reasonable doubt
Which of these apply in a criminal case brought against police officers:
The plaintiff/prosecutor must show that the police used excessive force
The plaintiff/prosecutor must show that the police knew they were violating a constitutional right
The claim is under Section 1983 of the Civil Rights Act
The claim is for an unreasonable seizure in violation of the 4th Amendment – which the 14th Amendment applies to state governments
The plaintiff must prove their case beyond a reasonable doubt
Who has the power to determine whether the Senate will hold a confirmation hearing:
Confirm
Nominate
Simple majority
Majority leader
Appointment
What role does the president play in the process of appointing a U.S. Supreme Court Justice?
Confirm
Nominate
Simple majority
Majority leader
Appointment
What role does the Senate play in the process of appointing a U.S. Supreme Court Justice?
Confirm
Nominate
Simple majority
Majority leader
Appointment
What is the last step in the process of having a new justice on the U.S. Supreme Court?
Confirm
Nominate
Simple majority
Majority leader
Appointment
What was a tactic that the minority party used to have (but doesn’t have any more) to stop an appointment to the U.S. Supreme Court?
Filibuster
Nuclear option
Super majority
Expressio unis est exclusio alterius
Cloture
What tactic eliminated the ability of the minority party to stop an appointment to the U.S. Supreme Court?
Filibuster
Nuclear option
Super majority
Expressio unis est exclusio alterius
Cloture
What is it called when there are enough votes to stop a Filibuster?
Filibuster
Nuclear option
Super majority
Expressio unis est exclusio alterius
Cloture
This term describes the votes that used to be necessary to stop a Filibuster.
Filibuster
Nuclear option
Super majority
Expressio unis est exclusio alterius
Cloture
What rule of construction (interpretation of language) allowed the Senate to change their own 60% rule with a simple majority?
Filibuster
Nuclear option
Super majority
Expressio unis est exclusio alterius
Cloture
True or False. Under the doctrine of stare decisis, courts routinely overturn controlling precedent if they disagree with it.
True
False
True or False. Under the doctrine of stare decisis, courts only overturn controlling precedent if there are special circumstances.
True
False
The U.S. Supreme Court normally must follow the precedent that is established by:
The U.S. Supreme Court
U.S. Circuit Courts
U.S. District Courts
None of these
U.S. Circuit Courts normally must follow the precedent that is established by:
The U.S. Supreme Court
U.S. Circuit Courts
U.S. District Courts
None of these
U.S. District Courts normally must follow the precedent that is established by:
The U.S. Supreme Court
U.S. Circuit Courts
U.S. District Courts
None of these
This type of evidence is defined as evidence that is favorable to the defendant in a criminal case:
Exculpatory
Incriminatory
Circumstantial
Testimony
Documents
This type of evidence is defined as evidence that is unfavorable to the defendant in a criminal case:
Exculpatory
Incriminatory
Circumstantial
Testimony
Documents
The prosecutor in a criminal case has a duty to turn over this type of evidence to the defendant:
Exculpatory
Incriminatory
Circumstantial
Testimony
Documents
