Constitutional Law
Exam Solutions
Course Introduction
Constitutional Law examines the fundamental principles and structures that define the framework of a nations government, focusing primarily on the interpretation and application of a countrys constitution. The course explores key topics such as the separation of powers, checks and balances, federalism, and the protection of individual rights and liberties. Students analyze landmark court cases, the role of judicial review, and the evolving impact of constitutional provisions on political, social, and cultural developments. Through critical examination of legal texts and case law, the course equips students with a thorough understanding of how constitutional principles shape the function and limits of government in a democratic society.
Recommended Textbook
America's Courts and the Criminal Justice System 11th Edition by David W. Neubauer
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17 Chapters
1664 Verified Questions
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Chapter 1: Courts, Crime, and Controversy
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Sample Questions
Q1) Which of the following is not an element of "law on the books"?
A) legal duties of the main actors
B) structure of the courts
C) careful use of discretion
D) steps in the criminal justice process
Answer: C
Q2) Which of the following is a characteristic of the due process model of criminal justice?
A)Concern for the rights of defendants
B)Efficiency is the main goal
C)Eliminating loopholes for defendants
D)Stress on informal fact-finding
Answer: A
Q3) A lower trial court would only handle the initial stages of which type of case?
A)Public drunkenness
B)Petty theft
C)Disorderly conduct
D)Robbery
Answer: D
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Page 3
Chapter 2: Law and Crime
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Sample Questions
Q1) The basis of law can be summarized in two words: _____ conflict.
Answer: human
Q2) The United States operates under the adversary system of law, characterized by which of the following important principles?
A)Accusations of criminal conduct would not be raised against a defendant unless there was some certainty of guilt.
B)That two parties approaching the facts from entirely different perspectives offers the best chance at uncovering the truth.
C)Obtaining the truth is paramount regardless of the methods employed in uncovering it.
D)That punishment should be swift and certain.
Answer: B
Q3) Necessity is not a defense recognized by law.
A)True
B)False
Answer: False
Q4) The _____ is the name for the first ten Amendments of the U.S.Constitution.
Answer: Bill of Rights
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Page 4
Chapter 3: Federal Courts
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Sample Questions
Q1) The burden of proof necessary for conviction is less demanding in military courts.
A)True
B)False
Answer: True
Q2) Civil lawsuits consume more of the federal courts' time than criminal cases.
A)True
B)False Answer: True
Q3) There are three primary types of jurisdiction.
A)True
B)False
Answer: False
Q4) U.S.Magistrate Judges may try and sentence felony defendants.
A)True
B)False Answer: False
Q5) Today, the trial courts that primarily exercise original jurisdiction in the federal system are the United States _____ Courts. Answer: District
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Chapter 4: State Courts
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Sample Questions
Q1) Corrupt local officials are often prosecuted by their peers.
A)True
B)False
Q2) In states without intermediate appellate courts, state supreme courts
A)have complete discretion over the cases placed on their dockets.
B)have no power to choose which cases will be placed on their dockets.
C)hear only civil cases.
D)hear only criminal cases.
Q3) Which of the following is not an essential element of therapeutic jurisprudence?
A)immediate intervention
B)hands-on judicial involvement
C)treatment programs
D)adversarial adjudication
Q4) What is another name for a trial court of limited jurisdiction?
A)inferior court
B)district court
C)superior court
D)circuit court
Q5) In domestic violence courts, the emphasis is on _____.
Q6) Both justice of the peace courts and _____ courts are considered lower courts.
Page 6
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Chapter 5: The Dynamics of Courthouse Justice
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Sample Questions
Q1) In some courthouses civil and criminal cases are heard in the same courtroom during the same court session.
A)True
B)False
Q2) The clerk of court is responsible for maintaining order in the courtroom.
A)True
B)False
Q3) Compare and contrast the law on the books and the law in action approaches to court delay.Which approach do you think is the most effective at addressing the problem of delay in courts? Why?
Q4) Speedy-trial statutes exist in all 50 states.
A)True
B)False
Q5) What factors often influence discretionary decision making by members of the courtroom work group?
A)legal judgments
B)policy priorities
C)personal philosophies
D)legal judgments, policy priorities, and personal philosophies
Q6) Newcomers to a job learn the formal and informal rules of behavior through ____.
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Chapter 6: Prosecutors
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Sample Questions
Q1) _____ evidence is evidence that tends to show the innocence of the defendant.
Q2) How many offices are involved in prosecution in state courts?
A)one.
B)three.
C)two.
D)four.
Q3) Which of the following is the exclusive domain of the prosecutor?
A)charging
B)arraignment
C)arrest
D)bail
Q4) The office of the prosecutor is part of the _____ branch of government.
Q5) Programs aimed at improving police-prosecutor relationships are an example of the _____ domain of the prosecutor.
Q6) Which of the following is not a term used to refer to chief prosecutors?
A)district attorney
B)county attorney
C)prosecuting attorney
D)attorney general
Q7) Explain the difference between the Solicitor General and a U.S.Attorney.
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Chapter 7: Defense Attorneys
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Sample Questions
Q1) When in the criminal process does the right to counsel begin?
A)initial appearance
B)arrest
C)charging
D)grand jury
Q2) The primary advantage of _____ systems is that they limit the costs governments must pay for indigent defense.
Q3) How often have pro se defendants been found to do as well in court as represented defendants?
A)80% of the time
B)50% of the time
C)25% of the time
D)Never
Q4) Defending unpopular clients is the basis for a great deal of _____ of lawyers.
Q5) Many defendants view the public defender as similar to what other courtroom actor?
A)The judge
B)the bailiff
C)the victim
D)the defendant
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Chapter 8: Judges
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Sample Questions
Q1) Impeachment does not mean conviction, but rather allegations of wrongdoing.
A)True
B)False
Q2) "Judge shopping" rarely occurs in large urban courts.
A)True
B)False
Q3) What agency developed the Model Canon of Judicial Ethics?
A)The Supreme Court
B)The Breyer Commission
C)The Judicial Committee
D)The American Bar Association
Q4) Judges are under pressure to move their docket.
A)True
B)False
Q5) In operation, the Missouri Bar Plan increases the power and role of the legal profession in judicial selection.
A)True
B)False
Q6) _____ does not mean conviction, but rather allegations of wrongdoing-roughly the equivalent of a grand jury indictment.
Page 10
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Chapter 9: Defendants, Victims, and Witnesses
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Sample Questions
Q1) Victims of domestic violence may request a civil _____ order.
Q2) The presumption is that the adjudication process is characterized by an adversarial model.The _____ is that the courtroom work group has a mutual interest in processing large numbers of cases expeditiously.
Q3) In what way(s) are defendants likely to volunteer information that might hurt them in court?
A)all forms of social media
B)Twitter
C)Facebook
D)e-mail
Q4) What race of defendants is mostly like to be imprisoned?
A)white
B) Hispanic
C) Asian
D) Black
Q5) One of the hardships victims and witnesses face while participating in the criminal court process is trial _____.
Q6) Victim advocacy groups have become a powerful _____ voice.
Q7) As _____ dominance increased, the power of the victim decreased.
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Chapter 10: Arrest to Arraignment
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Sample Questions
Q1) During what part of the criminal court process does a defendant enter a plea?
A)arrest
B)plea agreement
C)bail
D)arraignment
Q2) How many forms of bail are available to a defendant?
A)two.
B)three.
C)four.
D)five.
Q3) What type of crime is found on the bottom layer of the criminal justice wedding cake?
A)celebrated cases
B)serious felonies
C)misdemeanors
D)lesser felonies
Q4) Describe the four most common ways that defendants can secure pretrial release? Which is the most common? Why?
Q5) Discretion of judges in setting bail is often guided by _____ of flight.
Q6) Discuss the four types of charging documents.
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Chapter 11: Disclosing and Suppressing Evidence
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Sample Questions
Q1) What specific rights are covered in the reading of the Miranda warnings? What was the U.S.Supreme Court's rationale in handing down this decision?
Q2) What process is designed to give both parties to a legal dispute a good idea about the evidence that will be presented at trial?
A)exclusion
B)Miranda
C)plain view
D)discovery
Q3) All of the following are warrantless search except?
A)search with consent
B)search incident to lawful arrest
C)hidden view
D)plain view
Q4) Which Amendment to the U.S.Constitution provides for protection against self-incrimination?
A)1<sup>st </sup>Amendment
B)4<sup>th </sup>Amendment
C)5<sup>th</sup> Amendment
D)6<sup>th</sup> Amendment
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Chapter 12: Negotiated Justice and the Plea of Guilty
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Q1) Both crime control and due process advocates oppose plea bargaining but for different reasons.What are the differing reason for each groups' opposition?
Q2) The principal weakness of the excessive caseload hypothesis, in plea bargaining, is what assumption?
A)a purely mechanical process
B)a stagnant process
C)a dynamic process
D)a courtroom work group process
Q3) Trials are a _____ and time-consuming means of establishing guilt.
Q4) The right to effective assistance of counsel extends to _____.
Q5) Throughout a case, decisions on bail, indictment and screening are based on what knowledge?
A)most defendants are guilty
B)most defendants end up pleading
C)most defendants are innocent
D)most defendants go to trial
Q6) Defendants and their lawyers will opt for a _____ if they think the prison sentence will be high.
Q7) A plea of _____ is the criminal equivalent of a guilty plea.
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Chapter 13: Trials and Juries
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Sample Questions
Q1) The judge explains the relevant law to the jury in the jury
A)instructions.
B)voir dire.
C)venire.
D)verdict form.
Q2) A defendant is not required to prove him or herself innocent.
A)True
B)False
Q3) The power of a jury to ignore the law is called jury _____.
Q4) The minimum size criminal jury approved by the U.S.Supreme Court is
A)6 persons.
B)8 persons.
C)10 persons.
D)12 persons.
Q5) Which of the following are requirements of jurors in virtually all states?
A)residents of the locality
B)minimum age
C)understand English
D)All of these answers are correct
Q6) The defense has the opportunity to _____ each of the prosecution's witnesses.
Page 15
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Chapter 14: Sentencing Options
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Sample Questions
Q1) "Only by 'locking him up and throwing away the key' can we assure that he won't be able to rape another woman." That statement best matches which of the following purposes of punishment?
A)retribution
B)incapacitation
C)general deterrence
D)specific deterrence
Q2) What is the best-known example of shock incarceration?
A)probation
B)intensive supervision probation
C)parole
D)boot camp
Q3) The idea that fear of punishment will prevent crime is called _____.
Q4) Which of the following alternatives to incarceration is rarely used with felonies?
A)probation
B)restitution
C)intermediate sanctions
D)fines
Q5) Many lawsuits by inmates involve the _____ Amendment to the U.S.Constitution.
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Chapter 15: Sentencing Decisions
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Sample Questions
Q1) In United States v.Booker (2005), the Supreme Court held that the federal sentencing guidelines are unconstitutional but judges may use them as advisory.
A)True
B)False
Q2) What is the primary purpose of a PSI?
A)help juries decide on an appropriate sentence
B)help courtroom work groups decide on an appropriate sentence
C)help judges decide on an appropriate sentence
D)help probation officers monitor their caseloads
Q3) A sentencing guidelines grid allows for upward and downward departures from the guidelines.
A)True
B)False
Q4) Judges sometimes consider _____ investigation reports when deciding on a sentence.
Q5) The ideal of _____ justice under the law means that all persons convicted of the same offense should receive identical sentences.
Q6) How has the U.S.Supreme Court limited sentencing guidelines?
Q7) _____ circumstances may lead to a higher penalty.
Page 17
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Chapter 16: Appellate and Habeas Corpus Review
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Sample Questions
Q1) Define, compare, and contrast plain error, reversible error, and harmless error.
Q2) The least deferential standard of appellate review in criminal cases is A)de novo
B)reasonableness
C)clear error
D)abuse of discretion
Q3) Judge who disagree with the majority opinion in an appeal may write a dissenting opinion.
A)True
B)False
Q4) In a U.S.Supreme Court decision, the opinion which agrees with the majority result but not with the reasoning of the majority is called what?
A)a concurring opinion
B)a dissenting opinion
C)a plurality opinion
D)a per curium opinion
Q5) What are the different standards of appellate review? What impact do they have on criminal appeals?
Q6) The two primary functions of _____ are error correction and policy formation..
Page 18
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Chapter 17: Juvenile Courts
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Sample Questions
Q1) The American Civil Liberties Union outlined three priorities for the juvenile justice system. What was the first priority?
A)keep children out of the criminal justice system
B)protect the rights of incarcerated children
C)reintegrate juvenile delinquents into communities
D)place troubled youth in mental health facilities
Q2) _____ involve acts that are illegal only for juveniles.
Q3) Juveniles are entitled to many of the same _____ rights as adults.
Q4) The terminology in juvenile court reflects what?
A)that it is based on civil law
B)that it is based on common law
C)that it is based on family law
Q5) What was the charge against Gerald Gault?
A)making a lewd phone call
B)Murder
C)stealing a car
D)armed robbery
Q6) Generally speaking, juvenile courts do not utilize jury trials.
A)True
B)False
Page 19
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