Deck 2: Sources of Law

Question 1

Which of the following is not a source of law?

A) judicial opinions
B) statutes
C) constitutions
D) public opinion

Answer 1

D

Question 2

Which of the following group or individual literally make(s) law?

A) appeals court justices (as a group)
B) the Chief Justice of the U.S. Supreme Court (as an individual)
C) Congress
D) the President of the United States

Answer 2

C

Question 3

Administrative regulations are another form of ______.

A) regular crime
B) legislation
C) constitutional violation
D) moral offense

Answer 3

B

Question 4

Sources of individual rights include all EXCEPT which of the following?

A) executive orders
B) constitutions
C) case law
D) legislation

Question 5

The dual-sovereignty doctrine relates to which fundamental right?

A) freedom of speech
B) freedom of religion
C) right to bear arms
D) right against double jeopardy

Question 6

Which of the following is not a right mentioned by name in the U.S. Constitution?

A) prohibition on bills of attainder
B) prohibition on ex post facto laws
C) right to habeas corpus
D) right to privacy

Question 7

The First Amendment provides which of the following rights?

A) speech
B) press
C) assembly
D) all of the above

Question 8

What amendment prohibits the forced quartering of soldiers?

A) the Second Amendment
B) the Third Amendment
C) the Seventh Amendment
D) nowhere in the Constitution

Question 9

The Fourth Amendment bans all searches and seizures that are ______.

A) "unforeseen"
B) "uncomfortable"
C) "irrational"
D) "unreasonable"

Question 10

What is the level of proof required to search a place or seize an item or person?

A) absolute certainty
B) beyond a reasonable doubt
C) probable cause
D) preponderance of the evidence

Question 11

The protection from double jeopardy is found in the ______.

A) Third Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Seventh Amendment

Question 12

What is it called when the trial jury is unable to reach a unanimous verdict in a case that requires unanimity?

A) a hung jury
B) an acquittal
C) a conviction
D) an indictment

Question 13

The requirement of the Miranda warning is based in which amendment?

A) First Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Eighth Amendment

Question 14

At what point does the law require a defendant be allowed the assistance of counsel?

A) as soon as the crime in question has been committed
B) at any critical stage in the investigative process
C) at the point of arrest
D) at the beginning of the trial process (i.e., first appearance)

Question 15

Opponents of gun control legislation seize upon the ______ as support for their claim that the state may not limit the possession and use of firearms.

A) First Amendment
B) Second Amendment
C) Fifth Amendment
D) Eighth Amendment

Question 16

Which commonly held right is not expressly mentioned in the Bill of Rights but is merely inferred?

A) right to freedom of the press
B) right to privacy
C) right to freedom from excessive bail
D) right to a trial by an impartial jury

Question 17

The due process of the Fourteenth Amendment is identical to the due process clause in what other amendment?

A) First Amendment
B) Twelfth Amendment
C) Thirteenth Amendment
D) Fifth Amendment

Question 18

The Due Process Clause is incorporated by the ______ Amendment.

A) Ninth
B) Tenth
C) Fourteenth
D) Eighteenth

Question 19

Rights that are "essential to the concept of ordered liberty" are referred to as ______.

A) fundamental rights
B) human rights
C) citizens' rights
D) living rights

Question 20

Under which standard of review are state actions assumed to be presumptively valid?

A) strict scrutiny
B) intermediate scrutiny
C) rational basis test
D) reasonable basis test

Question 21

Which of the following is not a standard of review used to evaluate the justification of infringing on citizens' rights?

A) strict scrutiny
B) intermediate scrutiny
C) rational basis test
D) reasonable basis test

Question 22

Legislators felt the need to incorporate the Bill of Rights because of which historical event?

A) the Louisiana Purchase
B) the Civil War
C) the War of 1812
D) the Great Depression

Question 23

What name is given to the concept that the Bill of Rights creates other rights when taken in its entirety?

A) complete incorporation
B) combined incorporation
C) exponential total incorporation
D) total incorporation plus

Question 24

What method of incorporation is the approach that seems to predominate in most Supreme Court cases?

A) total incorporation
B) fundamental incorporation
C) total incorporation plus
D) selective incorporation

Question 25

Classifications that are either without reason or based on race or gender are sometimes referred to as suspect classifications.

Question 26

The first portion of the First Amendment is often referred to as the establishment clause.

Question 27

Only the federal government has the authority to enact administrative regulations.

Question 28

The Sixth Amendment prohibits placing someone in double jeopardy.

Question 29

The right to bear arms is a "collective right."

Question 30

The Constitution clearly lays out what is meant by a "reasonable" and "unreasonable" seizure.

Question 31

Due to the prohibition against double jeopardy, a person cannot be sued civilly for damages caused by a crime for which he or she was already tried and convicted in criminal court.

Question 32

Accused defendants must stand trial within 30 days of their arrest.

Question 33

Indigent defendants must be provided with an attorney for any offense.

Question 34

The Fourteenth Amendment is very brief.

Question 35

The Reconstruction Amendments include the Thirteenth, Fourteenth, and Fifteenth Amendments.

Question 36

The Equal Protection Clause of the Fourteenth Amendment bans all classifications and distinctions among people.

Question 37

Substantive due process prevents legislatures from infringing on the right of privacy.

Question 38

The total incorporation plus approach goes a step further than the total incorporation approach.

Question 39

Give the two reasons statutes are usually ambiguous.

Question 40

What incorporation theory seeks to incorporate provisions of the Bill of Rights in a careful and discriminative way?

Question 41

Which amendment requires that warrants must be particular about places to be searched?

Question 42

What is the term for the formal document charging a defendant with a crime?

Question 43

What is the principle that the federal government only has those powers granted to it by the U.S. Constitution?

Question 44

To date, the Supreme Court has held that what two classifications are suspect classifications in all circumstances?

Question 45

What is the highest standard of review used when infringing on citizens' rights?

Question 46

The concept of incorporation relates to the due process clause in which amendment?

Question 47

What are the three individual rights specifically stated in the Constitution?

Question 48

What is the purpose of a grand jury?

Question 49

Discuss rights enumerated in the First Amendment?

Question 50

Explain how it is that the First Amendment grants freedom of religion, yet the government may enact legislation that can restrict certain religious practices.

Question 51

The Second Amendment states, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Explain why this statement is unclear and controversial.

Question 52

Explain why the Fourth Amendment is so important to individual citizens?

Question 53

Define incorporation and explain the four types of incorporation discussed in your textbook. Which type of incorporation is used in the courts today?