Need law help with 100 multiple choice questions
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)Typically, the lowest-level court(s) in a given state is/are:1. courts of general jurisdiction.a. the state supreme court.b. intermediate appellate courts.c. courts of limited jurisdiction.d. Each state has its own highest court, typically referred to as:2. superior courts.a. intermediate appellate courts.b. state supreme courts.c. courts of limited jurisdiction. d. At the federal level, the lowest-level trial court is referred to as:3. U.S. Supreme Court.a. U. S. courts of appeals.b. district courts.c. trial courts.d. When an appellate court reverses a lower courts decision, it:4. nullifies or sets aside a trial verdict. a. adjudicates the case.b. sends the case to a higher court for reviewc. sets the defendant free.d. When an appellate court agrees with a lower courts decision, it _____ that decision.5. reversesa. affirmsb. remandsc. vacatesd. In order for a case to reach the Supreme Court, the court must decide whether it wants to 6. hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is known as a: lex loci.a. jus cogens.b. certiorari.c. writ of certiorari.d. 6 Final Examination BCJ 240 Procedures in the Justice System Which of the following is NOT a reason a "bright-line" decision may be helpful?7. It promotes consistency.a. It promotes clarity and predictability.b. It is ambiguous. c. It is subject to very little interpretation.d. Police conduct that is considered reasonable by the police officer engaged in the conduct is 8. referred to as:subjective reasonableness.a. objective reasonableness.b. reasonable objectiveness.c. unreasonable objectiveness.d. The term "objective reasonableness" in criminal procedure refers to: 9. what a single individual believes is reasonable.a. what a reasonable person believes is reasonable.b. what a jury believes is reasonable.c. what a reasonable person would do or feel under the circumstances.d. Judicial restraint refers to:10. limiting decisions to the facts of each case.a. deciding cases based on additional, hypothetical situations.b. interpreting complex legal issues.c. relying on case law to determine outcomes.d. The past Supreme Court requirement that a physical intrusion by authorities must have taken 11. place to violate ones privacy is referred to as the:electronic communication protection doctrine.a. privacy doctrine.b. trespass doctrine.c. physical protection doctrine.d. 7 Final Examination BCJ 240 Procedures in the Justice System In the Section 1983 context, the requirement that the plaintiff (i.e., the party suing) 12. generally has to prove that the defendant officer intended for the violation to occur is referred to asliabilitya. credibilityb. accountability c. culpabilityd. In the Section 1983 context, the theory that an officer who violated a plaintiffs 13. constitutional rights under color of state law should be held liable is referred to as:individual liability.a. criminal liability.b. culpability.c. civil liability.d. There are three nonjudicial remedies available for police misconduct. Which of the 14. following is/are NOT one of them?Internal reviewa. Civilian reviewb. Mediationc. All of the above are nonjudicial remedies.d. A nonjudicial remedy in which the police investigate on their own complaints against officers 15. is:internal review.a. civilian review.b. mediation.c. judicial review.d. Which is the strongest method of citizen input in which a civilian panel investigates, 16. adjudicates, and recommends punishment to the police chief?Internal reviewa. Civilian reviewb. Mediationc. Judicial reviewd. 8 Final Examination BCJ 240 Procedures in the Justice System A method of alternative dispute resolution in which a neutral third party renders disciplinary 17. decisions is referred to as:internal review.a. civilian review.b. mediation.c. judicial review.d. One way to determine if a Fourth Amendment seizure of a person has occurred is to ask if a 18. reasonable person would believe that he or she is:free to post bail.a. speak to an attorney. b. free to decline the officers requests and terminate the encounter.c. None of the above.d. In which case did the Supreme Court state that a seizure has occurred if the officers 19. conduct in conjunction with the questioning would convince a reasonable person that he or she is not free to leave?Terry v. Ohioa. Dunaway v. New Yorkb. California v. Hodari Dc. Brinegar v. United Statesd. Which of the following is necessary for the police to engage in actions that trigger the Fourth 20. Amendment? Examples include probable cause and reasonable suspicion.Justificationa. Standard recognition b. Validationc. Authentication d. This term refers to more than bare suspicion; it exists when "the facts and circumstances 21. within [the officers] knowledge and of which they [have] reasonably trustworthy information [are] sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense."Reasonable suspiciona. Justificationb. Probable causec. Administrative justificationd. 9 Final Examination BCJ 240 Procedures in the Justice System Probable cause may be established in many ways. Which of the following would be an 22. example? Flight from the scenea. Suspicious conductb. Incriminating evidencec. All of the aboved. In several arrest cases, the courts have considered what sources of information meet the 23. probable cause burden. Three main sources of information have been examined. Which of the following is NOT one of them?Informants and other third partiesa. Uncorroborated phone tipsb. Firsthand knowledgec. Information that turns out, after the fact, to be mistaken but is reasonably relied ond. Justification that falls below probable cause but above a hunch is referred to as:24. reasonable suspicion.a. probable cause.b. justification.c. administrative justification.d. Which level of justification is required for stops and investigative detentions that fall short of 25. arrests?Reasonable suspiciona. Probable causeb. Justificationc. Administrative justification d. Which standard is used to support certain regulatory and special needs searches? It was 26. created by the Supreme Court and adopts a balancing approach, weighing the privacy interests of individuals with the interests of society in preserving public safety.Reasonable suspiciona. Probable causeb. Justificationc. Administrative justification d. 10 Final Examination BCJ 240 Procedures in the Justice System The courts have required that administrative searches be conducted according to: 27. probable cause.a. objective, standardized procedures.b. departmental standards.c. officer discretion.d. Which was the first Supreme Court case to recognize administrative justification?28. Camara v. Municipal Courta. United States v. Biswellb. New York v. Burgerc. Donovan v. Deweyd. In Dunaway v. New York, the Supreme Court ruled that:29. border detention cases must have reasonable suspicion.a. before a juvenile is questioned, the officer must have probable causeb. a custodial interrogation must be supported by probable cause.c. encounters between police and citizens on the street must be recorded, brief, and d. nonintrusive. For a Title III warrant to be issued, the warrant application must do which of the following?30. a. Provide a statement of the period of time for which the interception is required to be maintained.b. Contain a description of all the equipment that will be used to monitor the communication.c. All of the above.d. None of the above.In which case did the Supreme Court rule that deadly force may be used when (1) it is 31. necessary to prevent the suspects escape, and (2) the officer has probable cause to believe the suspect poses a serious threat of death or causes serious physical injury to other people or police officers?Davis v. Mississippia. Graham v. Connorb. Tennessee v. Garnerc. Carroll v. United Statesd. 11 Final Examination BCJ 240 Procedures in the Justice System Which of the following is/are restrictions imposed on the police regarding the timing of 32. search warrants?The service of a search warrant should take place promptly after its issuance.a. Judges commonly restrict the service of warrants to the daytime hours.b. Once the item in the warrant has been discovered, the search must be terminated.c. All the aboved. The methods used to spy on criminal suspects, such as wiretapping, video surveillance, 33. thermal imagers, and "gun detectors," are referred to as:electronic surveillance.a. investigative techniques.b. entrapment procedures.c. exploratory measures.d. In which case did the Supreme Court consider a statute that permitted eavesdropping orders 34. to be issued by magistrates if the police showed reasonable grounds that evidence of a crime would be discovered?Katz v. United States,a. Berger v. New Yorkb. United States v. Leonc. United States v. Giordanod. Title III of the Omnibus Crime Control and Safe Streets Act is federal legislation enacted in 35. 1968 that set forth detailed guidelines on how authorities could intercept:wire communications.a. oral communications.b. electronic communications.c. all of the above.d. Title III of the Omnibus Crime Control and Safe Streets Act and the Electronic 36. Communications Privacy Act amend that in order for the government to intercept almost any wire, oral, and electronic communications among private parties, it must have: an informant.a. probable cause.b. reasonable suspicion.c. a valid search warrant.d. 12 Final Examination BCJ 240 Procedures in the Justice System Which of the following statutes has restricted or continues to restrict electronic surveillance?37. Title III of the Omnibus Crime Control and Safe Streets Act of 1968a. Electronic Communications Privacy Actb. 1986 amendments to Title IIIc. All of the aboved. Which type of warrant permits interception of electronic communications?38. Section 1983a. Title IIIb. Title IXc. Section 242d. In regards to automobile searches, the term "automobile" includes which of the following?39. Airplanesa. Boatsb. Carsc. All of the above.d. Which of the following is NOT a doctrine governing searches of automobiles?40. prior encounters with the drivera. incident to arrestb. under the plain view doctrinec. with consent of the automobiles occupantd. Which Supreme Court case upheld the common-law rule that arrests made in public do not 41. need to be predicated on a warrant?Devenpeck v. Alforda. United States v. Morenob. United States v. Watsonc. Atwater v. City of Lago Vistad. Title VII of the Civil Rights Act of 1964 requires a showing of:42. disparate effect.a. disparate impact.b. discouraging impact.c. dishonest effect.d. 13 Final Examination BCJ 240 Procedures in the Justice System The plain view doctrine first emerged from the Supreme Courts decision in which case?43. Whren v. United Statesa. Yick Wo v. Hopkinsb. State v. Cartyc. Coolidge d. A plain view seizure is authorized when:44. the police are lawfully in the area where the evidence is located.a. the items are immediately apparent as subject to seizure.b. the discovery of the items to be seized is inadvertent.c. All of the aboved. For an item to be lawfully seized under the plain view doctrine, it must be "immediately 45. apparent" to the officer that the item is subject to seizure. This means that the officer mustBe absolutely certain the item is contraband.a. Be reasonably certain that the item is contraband.b. Have probable cause that the item is contraband.c. Have a hunch that the item is contraband.d. In which case did the Supreme Court create the "immediately apparent" requirement for a 46. valid plain view seizure?Arizona v. Hicksa. Horton v. Californiab. Minnesota v. Dickersonc. Coolidge v. New Hampshired. A frisk must be supported by reasonable suspicion that the suspect is:47. likely to escape.a. armed and dangerous.b. engaged in criminal activity.c. posing a threat to destroy evidence.d. Cases dealing with stops for loitering are:48. constitutionally acceptable.a. necessary.b. advisory.c. constitutionally questionable.d. 14 Final Examination BCJ 240 Procedures in the Justice System Which of the following can be considered characteristics of drug couriers?49. Use of large denominations of currencya. Excessive number of bagsb. Travel to and from major drug import centersc. Carrying a small amount of cashd. In Elmore v. United States, the Fifth Circuit said the following can be considered 50. characteristics of drug couriers:Unusual itinerarya. Use of an aliasb. Carrying little or no luggagec. All of the above.d. Where does drug courier profiling occur?51. Airportsa. U.S. highwaysb. county roadsc. a and b onlyd. Which of the following has been defined as an "encounter in which contact is initiated by a 52. police officer without any articulable reason whatsoever and the citizen is briefly asked some questions"?Investigative detentiona. Consent searchb. Exploratory searchc. Consensual seizured. A temporary involuntary detention which must be predicated on reasonable suspicion is 53. referred to as:investigative detention.a. consent search.b. exploratory search.c. consensual seizure.d. Which of the following is true of consent searches?54. Probable cause is not required.a. Citizens remain free to decline the officers request to conduct a search.b. The person must feel free to decline or refuse.c. All of the aboved. 15 Final Examination BCJ 240 Procedures in the Justice System In which case did the Supreme Court declare that checkpoints for the purpose of detecting 55. evidence of criminal activity are unconstitutional?Carroll v. United Statesa. Michigan Dept. of State Police v. Sitzb. Delaware v. Prousec. City of Indianapolis v. Edmondd. In OConnor v. Ortega the Supreme Court ruled that searches of government employees 56. offices are acceptable if they are limited to detecting:evidence of criminal activity.a. evidence of work-related misfeasance.b. work-related documents.c. personal effects.d. Which of the following is a type of drug and alcohol testing NOT sanctioned by the Supreme 57. Court?Employee testinga. Student testingb. Hospital patient testingc. None of the above d. In which case did the Supreme Court hold that it is permissible to search a probationers 58. home without a warrant and based on reasonable suspicion was constitutional?Griffin v. Wisconsina. Veronia School District 47J v. Actonb. Pennsylvania Board of Probation and Parole v. Scottc. United States v. Knightsd. Which of the following is a search that requires no justification at all?59. Inspectiona. Checkpointb. Drug testc. Consent searchd. 16 Final Examination BCJ 240 Procedures in the Justice System The scope of consent is:60. limitless.a. heavily restricted.b. limited to the type of consent given.c. subject to the same rules as search warrants.d. A controversial law enforcement practice used to obtain consent to search in the absence of 61. probable cause is called:knock and ask.a. knock and demand.b. knock and talk.c. knock and search.d. The Supreme Court has sanctioned school disciplinary searches for which grades?62. K-6a. K-9b. K-12c. All grades and public colleged. For consent to be constitutionally valid, it must be:63. voluntary.a. not the result of duress.b. freely given.c. all of the above.d. After a suspect asserts his or her Miranda rights, questioning:64. must cease as a general rule.a. may continue under limited circumstances.b. can occur later regarding another crime with a new Miranda advisement and waiver.c. All of the aboved. A Miranda waiver must be:65. knowing.a. intelligent.b. voluntary.c. all of the above.d. 17 Final Examination BCJ 240 Procedures in the Justice System In which recent case did the Supreme Court reaffirm Miranda?66. Massiah v. United Statesa. Dickerson v. United Statesb. Harris v. New Yorkc. United States v. Bayerd. Which exception to Miranda exists if there is a threat to third parties?
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