Question 1

The view that an individual has not rights unless these rights are specified in the Constitution or have been created by some other legal source is referred to as the:

Accepted Answer

The view that an individual has no rights unless they are specifically protected by the Constitution or other legal sources is known as strict constructionism. This theory holds that the Constitution should be read in a literal and narrow sense, and that individual rights should only be protected if they are specifically mentioned in the text of the document. This view is often associated with conservative judges and legal scholars.

Question 2

Strict constructionists believe that new rights should be created by the political process.

Accepted Answer

Strict constructionists adhere to the literal interpretation of the Constitution and believe that new rights should not be created through judicial interpretation. Instead, they believe that any changes to the Constitution or creation of new rights should come through the political process, such as amending the Constitution or passing new laws.

Question 3

Interpretationists argue that the Constitution:

Accepted Answer

Interpretationists believe that the Constitution is a living document and should be interpreted in light of changing times and circumstances. This allows for flexibility in the way the Constitution is implemented and ensures that it remains relevant in modern times.

Question 4

It is called confirmatory bias when a judge decides a case ahead of time.

Accepted Answer

Confirmatory bias refers to the tendency to search for, interpret, favor, and recall information in a way that confirms one's preexisting beliefs or hypotheses, rather than being a specific action related to a judge deciding a case ahead of time.

Question 5

Interpretationists are also called:

Accepted Answer

The answer of Interpretationists are also called:
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Question 6

Strict constructionists argue that the Constitution:

Accepted Answer

Strict constructionists believe that the Constitution should be implemented as written, and that the original intent of the framers should be respected. They believe that this approach preserves the integrity of the Constitution and prevents judges from using it as a tool for advancing their own political beliefs.

Question 7

One of the most cited reasons for false convictions is ineffective counsel.

Accepted Answer

This is a well-established fact in the legal community and is supported by numerous studies and cases where defendants received inadequate counsel or representation that led to their wrongful convictions.

Question 8

Strict constructionists believe that rights only exist if they are specifically enumerated in the Constitution.

Accepted Answer

Strict constructionists interpret the Constitution narrowly and believe that only rights specifically mentioned in the Constitution are guaranteed. They resist interpreting the Constitution in ways that expand rights beyond the text of the document.

Question 9

According to the Gallup poll,about a third of blacks believed that O.J.Simpson was not guilty.

Accepted Answer

According to the Gallup poll, about 33% of blacks believed that O.J. Simpson was not guilty.

Question 10

According to the text,those freedoms and protections that the framers of the Constitution would have recognized if they had been asked are called:

Accepted Answer

The answer of According to the text,those freedoms and protections...

Question 11

In ______________________,the Supreme Court ruled against a prosecutor who objected to misconduct occurring in the office where he worked.

Accepted Answer

The case where the Supreme Court ruled against a prosecutor who objected to misconduct occurring in the office where he worked is Garcetti v. Ceballos. It established that public employees do not have First Amendment protection for speech made within the scope of their employment duties.

Question 12

A "Bracy motion" requests all evidence that is "likely to lead to a different outcome."

Accepted Answer

A Bracy motion is a request made by the defendant to the prosecution to disclose any evidence that could lead to a different outcome in the case. It is based on the principle of due process and the defendant's right to a fair trial. The name of this motion comes from the US Supreme Court case Bracy v. Gramley, which established the defendant's right to such evidence.

Question 13

In a study conducted by the Columbia Law School,nearly 10 percent of all death verdicts handed down between 1973 and 1995 were reversed because of serious errors.

Accepted Answer

The answer of In a study conducted by the Columbia...

Question 14

An approach to the Constitution that uses a looser reading of the document is called:

Accepted Answer

The approach that uses a looser reading of the Constitution is known as the interpretationist philosophy. This approach believes that the Constitution is a living document that should be interpreted in light of changing circumstances and societal norms. It contrasts with the strict constructionist philosophy, which believes that the Constitution should be interpreted according to its original meaning and intent at the time it was written.

Question 15

Natural rights refer to the concept that:

Accepted Answer

Natural rights refer to the idea that every human being is born with certain fundamental rights that can never be taken away or given up, including the right to life, liberty, and property. These rights are considered to be inherent or natural, meaning they exist regardless of whether they are recognized by society or a government.

Question 16

In ______________________,the Supreme Court ruled that defendants had no constitutional right to DNA evidence.

Accepted Answer

The Supreme Court ruled in District Attorney v. Osborne (2009) that defendants have no constitutional right to DNA evidence. The case involved a man convicted of sexual assault who requested DNA testing of evidence, but was denied by the state of Alaska. The Supreme Court found that while states may choose to provide access to DNA evidence, there is no constitutional requirement to do so.

Question 17

Operation Greylord was a judicial scandal in Chicago in which both attorneys and judges were convicted of bribery.

Accepted Answer

Operation Greylord was a judicial scandal in Chicago in which a total of 92 people were indicted, including 17 judges, 48 lawyers, 8 policemen, 10 deputy sheriffs, 8 court officials, and 1 state legislator, for various corruption charges including bribery, extortion, and fixing cases.

Question 18

There are two basic philosophies regarding how to apply constitutional principles:

Accepted Answer

The two basic philosophies regarding how to apply constitutional principles are the strict constructionists and the interpretationists. Strict constructionists believe in interpreting the Constitution in its original, literal form and not expanding its meaning beyond what is explicitly written. Interpretationists, on the other hand, believe in interpreting the Constitution in a way that adapts to modern times and societal changes, even if it means going beyond the literal wording of the Constitution.

Question 19

The writers of the Bill of Rights were natural law theorists.

Accepted Answer

Natural law theory holds that there are inherent rights and principles that exist in nature and are discoverable through reason and moral intuition. The writers of the Bill of Rights, such as James Madison, Thomas Jefferson, and George Mason, were influenced by natural law theory and sought to protect individual liberties from government infringement.

Question 20

Wrongful convictions are said to exist in about 20 percent of all cases.

Accepted Answer

The actual estimated rate of wrongful convictions is generally believed to be much lower, often cited around 1-5% in various studies.

Quiz 10: Ethical Misconduct in the Courts and Responses