Deck 7: Prisoner Legal Services

Question 1

In __________, the courtroom doors were opened to prisoners by requiring meaningful access to the courts.

A) Bounds v. Smith
B) Lewis v. Casey
C) Johnson v. Avery
D) Wolff v. McDonnell

Answer 1

Bounds v. Smith

Question 2

Which of the following must a prisoner demonstrate to prove "actual injury" resulting in a violation of Bounds?

A) Denial of a non-frivolous claim
B) Inadequate legal assistance hindering a non-frivolous claim
C) Shortcomings of the prison library or legal assistance program hindering a non-frivolous claim
D) Physical injury which resulted from a non-frivolous claim's incident

Answer 2

Shortcomings of the prison library or legal assistance program hindering a non-frivolous claim

Question 3

In __________, the Supreme Court ruled that cutting off the assistance of "jailhouse lawyers" amounted to a denial of access to the courts.

A) Bounds v. Smith
B) Lewis v. Casey
C) Johnson v. Avery
D) Wolff v. McDonnell

Answer 3

Johnson v. Avery

Question 4

When there is no reasonable alternative, which of the following prisoners are allowed assistance from a jailhouse lawyer?

A) A parolee
B) Prisoners temporarily confined
C) A prisoner being transferred
D) Illiterate prisoners

Question 5

All of the following are matters that have been disputed in courts over the restrictions of jailhouse lawyers' legal assistance EXCEPT:

A) Time and place
B) Discretion of prison officials
C) Possession of another prisoner's legal papers
D) Correspondence with a prisoner in another institution

Question 6

The Supreme Court held that Johnson's standing extended to civil rights actions in which of the following cases?

A) Bounds v. Smith
B) Lewis v. Casey
C) Wolff v. McDonnell
D) Procunier v. Martinez

Question 7

Which of the following were restrictions due to the Procunier v. Martinez's holding?

A) Access to members of the bar and private investigators
B) A ban on the use of law students and paraprofessionals to interview prisoner clients
C) Attorneys being prohibited from tasking law students/paraprofessionals of obtaining signatures on legal documents
D) All of the above

Question 8

In __________, the Supreme Court held that law libraries were one constitutionally acceptable method to ensure access to the courts, along with other alternatives.

A) Bounds v. Smith
B) Lewis v. Casey
C) Wolff v. McDonnell
D) Procunier v. Martinez

Question 9

Which two constitutional amendments protect the right to counsel, specifically in the case of indigent prisoners?

A) The First and Fourth Amendments
B) The Fifth and Sixth Amendments
C) The Fourth and Fourteenth Amendments
D) The Fifth and First Amendments

Question 10

Regarding expert witnesses, the Ninth Circuit held that which entity has the discretion to appoint and assess the cost of expert witnesses?

A) Prison administrators
B) The state
C) A federal district court
D) A circuit court

Question 11

The in forma pauperis statute is designed to ensure which of the following?

A) Illiterate litigants have access to the courts
B) Indigent litigants have access to the courts
C) Litigants with disabilities have access to the courts
D) Violent litigants have access to the courts

Question 12

Which of the following is not one of the reasons that a claim can be considered frivolous?

A) Claim is of little to no weight, value, or importance
B) Claim is not worthy of serious attention
C) Claim is trivial
D) Claim is a waste of time

Question 13

The right of a prisoner to exercise a basic constitutional right regarding legal services was established in the 1940 case of Ex parte Hull.

Question 14

Bounds allows prisoners to file any and every type of legal claim.

Question 15

In Lewis v. Casey, the Supreme Court held that the inadequacy that caused any actual injury to illiterate prisoners was not sufficiently widespread to justify system-wide relief.

Question 16

Two competing interests displayed in Johnson v. Avery were: the legitimate exercise of control by prison officials, and the constitutionally protected rights retained by prisoners.

Question 17

The Court's ruling in Johnson v. Avery only applies when a prison system has no meaningful alternatives to a jailhouse lawyer.

Question 18

Prisoners can receive legal assistance from a jailhouse lawyer confined in a different institution.

Question 19

The Court held in Shaw v. Murphy that prisoners do not possess a special First Amendment right to provide legal assistance to fellow prisoners that enhances the protections otherwise available under the Turner v. Safley standard.

Question 20

Johnson initially applied to prisoners needing to make preparations for appeal petitions.

Question 21

A prisoner who has decided to proceed without counsel still has the right to use an adequate law library.

Question 22

A prisoner's personal library carries no constitutional significance if the prisoner has other sources of assistance.

Question 23

A prisoner cannot rely on another plaintiff's injury in support of his own denial of access claim.

Question 24

The Supreme Court has barred abusive prisoners from relief at the Supreme Court level from receiving the in forma pauperis status.

Question 25

Describe the history of prisoners' access to legal materials and the legal materials that must be supplied by prison officials.

Question 26

Summarize the prevailing case law on jailhouse lawyers.

Question 27

Discuss the differences of access to the courts between literate inmates and illiterate inmates.