1.       The supremacy clause states that __________.

a. in conflicts with international law, United States law dominants
b. the people are sovereign in the United States
c. in conflicts between a federal and state law, the federal courts controls
d. the president is the highest civilian officer of the United States government

2.       The power of the United States Supreme Court to declare Acts of Congress unconstitutional is known as the power of __________.

a. judicial fiat
b. judicial review
c. judicial supremacy
d. superintending control

3.       A state may grant greater rights than the United States Supreme Court under the adequate and independent state ground doctrine for each of the following reasons, EXCEPT:

a. the state constitution’s text describes rights in a positive form

 b. the state adopted the doctrine of nullification
c. framers of the state’s constitution intended expanded liberties

 d. local traditions lead to heightened definitions of state rights

4.       The political theories discussed in the text include each of the following, EXCEPT:

a. constitutionalism

b. equality
c. natural law
d. rule of law

5.       The most important reason why knowledge of history is necessary is that it ___________.

a. helps the student better understand constitutional criminal procedure
b. is integral to the Supreme Court’s reasoning process in constitutional law

 c. makes the subject of criminal procedure more interesting
d. fills in the context of constitutional criminal procedure

6.       The Supreme Court established the foundation of constitutional criminal procedure between 1865 and 1940 in cases involving abuses of Southern justice, EXCEPT for ___________.

a. use of torture to obtain confessions
b. reference to African American witnesses by first names

c. exclusion of African Americans from juries
d. mob justice

7.       The presidential candidate who ran for office on an anti-crime platform was ____________.

a. Dwight Eisenhower (1953-1961)

b. John Kennedy (1961-1963)
c. Lyndon Johnson (1963-1969)
d. Richard Nixon (1969-1974)

8.       Before the Civil War, the United States Supreme Court decided that the Bill of Rights did not apply to the states in a case involving which amendment?

a. Second Amendment– right to bear arms
b. Fourth Amendment– search and seizure
c. Fifth Amendment– just compensation
d. Eighth Amendment– cruel and unusual punishments

9.       In the early Republic, the United States Supreme Court established its status as a powerful body with all of the following major powers except:

a. power of judicial review
b. power to reverse a state court interpretation of its state Constitution
c. power to declare a state ruling, statute, or constitutional provision void
d. power to take jurisdiction over any state case that interprets federal law whether in a

civil or criminal case.

10. Qualified immunity may be granted to government officials who perform __________ functions.

a. arduous
b. discretionary

c. exemplary
d. mandatory

11. According to the text, the “remedy” for Fourth Amendment violations, which is uncommon and least effective, is ___________.

a. state common law tort suit
b. section 1983, civil rights suit
c. section 14141, pattern and practice suit

d. injunction

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12.    Administrative measures to improve police compliance with the Fourth Amendment and other constitutional standards DO NOT include ____________.

a. criminal prosecution of police

b. cultural diversity training
c. pattern and practice suits
d. police ombudsmen

13.    Title 42 US §14141 prohibits governmental authorities from engaging in “pattern or practice

of conduct by law enforcement officials” that deprives:

a. persons of constitutional rights

b. consent decrees
c. investigative findings letters
d. memoranda of understanding

14.    The English Court of Common Pleas in Entick v. Carrington (1765) ruled that general warrants were illegal for each of the following reasons, EXCEPT:

a. they were not authorized by an act of Parliament
b. they violated the Fourth Amendment
c. their issuance in the past did not make them legal in the present

d. governmental necessity is not a valid legal argument

15.    The text of the Fourth Amendment does not refer to ____________.

a. knock and announce requirements

b. particular search and seizure
c. reasonable search and seizure
d. search warrant

16.    The Fourth Amendment contains two clauses, one of which is ____________.

a. general warrant clause

b. reasonableness clause

c. self-incrimination clause

d. balancing test

17.    According to the text, which statement best reflects the original motivation of the framers of the Fourth Amendment?

a. They intended to establish a “two-clause” approach to Fourth Amendment interpretation.

b. They intended to control the powers of constables.
c. They intended to establish a reasonableness approach to Fourth Amendment

interpretation.
d. They intended to prevent general warrants.

Unit 1 Examination

BCJ 240 Procedures in the Justice System

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18.    Constitutional search and seizure doctrines were revolutionized, in part, in the 1960s by ____________.

a. adopting telephonic search warrants
b. ruling that anticipatory warrants were constitutional
c. eliminating the exclusionary rule
d. allowing a defendant to challenge the factual basis of a search warrant

19.    To have standing to sue, a party must have:

a. a strengthened probable cause
b. a valid interpretation
c. a real stake in a legal controversy to bring a lawsuit

d. limited attention on the police

20.    The Supreme Court “revolutionized” Fourth Amendment search and seizure law in the 1960s in cases involving the following matters, EXCEPT:

a. anonymous informants
b. mere evidence
c. municipal house inspections

d. wiretaps

21.    Which of the following statements about Katz v. U.S. (1967) is NOT accurate?

a. It purported to eliminate the constitutionally protected area concept.

b. Its ruling rests on a reasonable expectation of privacy.
c. It shows that the Fourth Amendment is not rooted in property law.
d. It applies only to electronic eavesdropping.

22.    The Supreme Court has applied the expectation of the privacy doctrine to favor the individual (rather than the state) in searches involving ___________.

a. moving a mobile home out of a mobile home park

b. taking blood to determine blood alcohol level
c. applying a beeper to a car to follow a suspect
d. a jail cell search

23.    The use of undercover agents who enter homes without warrants, but by invitation, violates ____________.

a. no constitutional provision
b. Fourth Amendment privacy
c. Fifth Amendment privilege against self-incrimination

d. Sixth Amendment right to counsel

Unit 1 Examination

BCJ 240 Procedures in the Justice System

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24. Standards of evidence sufficiency include each of the following EXCEPT:

a. clear and convincing evidence
b. meaningful evidence in the case
c. prima facie case
d. substantial evidence on the whole record

25. Probable cause is defined as ____________.

a. evidence good and sufficient on its face to prove a fact or group of facts
b. such evidence that a reasonable mind might accept as adequate to support a

conclusion
c. known facts that would lead a reasonably prudent person to draw a conclusion about

unknown facts
d. facts that would lead an experienced police officer to believe that a crime has been, is,

or is about to be committed

 

Unit 1 Examination