Chapter 4 The Rule of Law

Quiz

1. Which of the following penal sanctions has the goal of changing an offender's behavior and, perhaps, personality?

A) compensation
B) restitution
C) regulation
D) treatment

2. In which of the following laws is the term "precedent" used?

A) international treaty
B) statutory law
C) case law
D) customs law

3. When did the Supreme Court begin to selectively incorporate into the Fourteenth Amendment most of the procedural safeguards contained in the Bill of Rights and make them applicable to the states?

A) the 1860s
B) the 1920s
C) the 1940s
D) the 1960s

4. Under the leadership of which Chief Justice did the Supreme Court begin to selectively incorporate most of the procedural safeguards contained in the Bill of Rights and make them applicable to the states?

A) John Roberts Jr.
B) Earl Warren
C) Warren Burger
D) William Rehnquist

5. Which of the following situations might be construed as a seizure, even if the person in question does not attempt to leave?

A) the threatening presence of several officers
B) the display of a weapon by an officer
C) some physical touching of the person
D) All of the answers are correct.

6. Which of the following standards of proof must law enforcement officers have before a magistrate or other specified judicial officer can legally issue a search or an arrest warrant?

A) reasonable suspicion
B) probable cause
C) preponderance of evidence
D) beyond a reasonable doubt

7. In which of the following cases did the Supreme Court rule that police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest?

A) Chimel v. California
B) Harris v. United States
C) Arizona v. Gant
D) United States. v. Mendenhall

8. Which of the following cases did NOT create a "good faith" or "inevitable discovery" exception to the exclusionary rule?

A) Mapp v. Ohio
B) United States v. Leon
C) Massachusetts v. Sheppard
D) Nix v. Williams

9. In which of the following cases did the Supreme Court, for the first time, establish standards for what constitutes "ineffective assistance of counsel"?

A) Estelle v. Smith
B) Bounds v. Smith
C) Coleman v. Alabama
D) Strickland v. Washington

10. In which of the following cases was the Eighth Amendment prohibition of "cruel and unusual punishment" extended to trials in state courts?

A) Robinson v. California
B) Estelle v. Smith
C) Bounds v. Smith
D) Coleman v. Alabama

11. In which of the following cases did the Supreme Court first abandon its fixed, historical meaning of the concept of "cruel and unusual punishment" and create a new one?

A) Trop v. Dulles
B) Weems v. United States
C) Estelle v. Smith
D) Bounds v. Smith

12. Which of the following amendments involves the exclusionary rule?

A) the Fourth Amendment
B) the Fifth Amendment
C) the Sixth Amendment
D) the Eighth Amendment

13. In the context of the U.S. Constitution, the _____ protects individual privacy against certain types of governmental interference.

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Fourteenth Amendment

14. ______ means conducting a search for weapons by patting the outside of a suspect's clothing, feeling for hard objects that might be weapons.

A) Alienating
B) Booking
C) Warranting
D) Frisking

15. In the context of the U.S. Constitution, the Sixth Amendment right to a public trial would be violated only if

A) parts of a trial are carried out in a private manner at any point in time.
B) a court yields to the defendant's right to a private trial.
C) a trial is held in a closed judge's chambers against a defendant's wishes.
D) a trial fails to accommodate all those who want to attend it.

16. Which of the following amendments protects an offender from compelled self-incrimination?

A) the Fourth Amendment
B) the Fifth Amendment
C) the Sixth Amendment
D) the Eighth Amendment

17. Which of the following created the crime of "domestic terrorism"?

A) the exclusionary rule
B) the Magna Carta
C) the USA PATRIOT Act
D) the Kyllo v. United States case

18. The principle of using precedents to guide future decisions in court cases is called _____.

A) venue
B) precedent
C) stare decisis
D) subpoena

19. In the context of the general types of penal sanctions, making it a crime or traffic violation to operate a motor vehicle with a blood alcohol content higher than a specified level is an example of ______.

A) restitution
B) regulation
C) compensation
D) rehabilitation

20. A violation of the civil law is called a(n) ______.

A) tort
B) ordinance violation
C) precedent
D) venue

21. The place of a trial is called the ______; it must be geographically appropriate.

A) stare decisis
B) venue
C) subpoena
D) politicality

22. ______ refers to the taking of persons or property into custody in response to violations of criminal law.

A) A seizure
B) A search
C) A warrant
D) Frisking

23. ______ is the applicability of criminal law to all persons.

A) Specificity
B) Regularity
C) Politicality
D) Uniformity

24. An admission by a person accused of a crime that he or she has committed the offense charged is called a ______.

A) confession
B) precedent
C) subpoena
D) venue

25. ______ is the amount of proof necessary for a reasonably intelligent person to believe that a crime has been committed or that items connected with criminal activity can be found in a particular place. It is the standard of proof needed to conduct a search or to make an arrest.

A) Reasonable suspicion
B) Preponderance of evidence
C) Mere suspicion
D) Probable cause

26. ______ is the enforcement of the laws against anyone who violates them, regardless of social status.

A) Specificity
B) Regularity
C) Politicality
D) Uniformity

27. The ______ not only created the idea of the rule of law but also formed the basis of what would later be called due process of law.

A) exclusionary rule
B) Bill of Rights
C) Magna Carta
D) penal code

28. The Foreign Intelligence Surveillance Act (FISA) of 1978 Amendments Act of 2008 does which of the following?

A) allows the collection of foreign-to-foreign phone calls, e-mails, and all international communications by U.S. intelligence agencies where one party is in the United States, so long as no one particular person in the United States is being targeted
B) requires under penalty of law, telecommunication companies and electronic communication service providers to provide information, facilities, and assistance necessary to conduct surveillance
C) protects third parties from past or future lawsuits arising from the assistance they provide the government
D) All of the answers are correct.

29. Which of the following standards of proof along the continuum of legal certainty is used in determining whether the inevitable-discovery rule applies?

A) beyond a reasonable doubt
B) clear and convincing evidence
C) preponderance of evidence
D) proof evident, presumption great