What term is used to describe a legal document that provides a person's wishes in case of a medical emergency?
Living will
Which case involves the so-called "liberty of contract"?
Lochner v. New York
The Court's theory of "liberty of contract" was developed during what era of the Court?
Laissez faire era
Which case does not involve abortion regulations?
Gonzales vs. Oregon
Which of the following cases does not involve a dispute over the "takings clause"?
Fletcher v. Peck
What amendment suggests that there are more liberties than those specifically enumerated in the Bill of Rights?
ninth
What case was reversed by the Court's decision in Lawrence v. Texas?
Bowers vs. Hardwick
What case marks the "switch in time that saved nine"?
West Coast Hotel vs. Parish
Each of the following cases involves a dispute surrounding the contract clause except:
Kelo v. City of New London
What term is used to describe the ability of government to take private property for public use under the Fifth Amendment
Eminent Domain
What form of constitutional scrutiny typically is applied to governmental restrictions on fundamental rights?
Strict Scrutiny
Generally speaking, which theory of constitutional interpretation offers the most expansive interpretation of "liberty" under the Due Process Clause?
Legal Realism
Based on class discussions of Planned Parenthood of Pennsylvania v. Casey, which of the following governmental conditions imposes an undue burden on a woman's right to choose an abortion?
Spousal Consent
Which case addresses so-called partial-birth abortions?
Gonzales v. Carhart
What standard of constitutional review is applied to sex-based discrimination?
Intermediate Scrutiny
What constitutional standard of review currently applies to race-based affirmative action policies sponsored by the federal government and which case is responsible for this standard?
Strict scrutiny/Adarand Constructors, Inc. v. Pena
What piece of civil rights legislation was at issue in Tennessee v. Lane (2004)?
Americans With Disabilities Act
Why did the Supreme Court reject Dred Scott's petition for freedom?
I. He filed his petition in the wrong federal court.
II. Res judicata
III. He was not a person under the law.
IV.The Missouri Compromise was unconstitutional.
III and IV
Before 1954, if a state wanted to enact a program that separated individuals based on their race, but still provide both sets of persons equal services, what would the government have to demonstrate for this program to be deemed constitutional?
It was rationally related to a legitimate governmental interest
Which of the following was not used to discuss the evolution of constitutional standards for reviewing sex-based discrimination?
Bowers v. Hardwick
On what basis did the Supreme Court strike down the Texas sodomy statute in Lawrence v. Texas
Substantive due process
Which of the following is NOT considered a fundamental right under the Constitution?
Education
In which case can the following quotation be found?
"[T]he cases are remanded to the District Courts to take such proceedings and enter such orders and decrees consistent with this opinion as are necessary and proper to admit to public schools on a racial
Brown v. Board of Education of Topeka (II)
What constitutional level of scrutiny is applied to government classifications based on so-called "illegitimacy"?
Intermediate Scrutiny
Is the federal government obligated to avoid denying persons the equal protection of the law? Why or why not?
Yes, because the Fifth Amendment Due Process Clause contains this obligation
In which case can the following quotation be found?
"[T]he legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, wh
Dred Scott v. Sandford
What standard of constitutional review is applied to race-based discrimination?
Strict Scrutiny
Each of the following cases involve age discrimination except:
Zablocki v. Redhail
In United States v. Virginia, who wrote the majority opinion and what phrase did s/he use to describe the type of interest the state would have to demonstrate in order to uphold its form of discrimination?
Ginsburg, exceedingly persuasive interest
What standard of constitutional review is applied to income-based discrimination?
Rational basis
Based on class discussions and the readings, in which classification has the Court placed sexual orientation?
Nonsuspect
What standard is used to determine whether government can use a person's alienage for purposes of discrimination in government employment?
Important governmental functions test
Which justice wrote the dissenting opinion in both the Civil Rights Cases (1883) and Plessy v. Ferguson?
John Harlan
The United States Supreme Court decision that requires prosecutors to turn over any evidence that tends to show the innocence of the defendant is:
Brady v. Maryland
The right to a fair trial in federal cases stems from what constitutional source?
The Fifth Amendment Due Process Clause
When does jeopardy attach during a jury trial?
When the jury is sworn in
Under the Fourth Amendment, which of the following is NOT an exception to the warrant requirement for searches and seizures?
Serious Offense
Under most domestic search warrants, what legal standard must be established before a warrant will be issued?
Probable cause
In order for a warrantless consent search to be valid, the consent must be given ____________________.
Knowingly, intelligently, and voluntarily
Which of the following rights within the Bill of Rights officially has not been incorporated and applied to the states through the Fourteenth Amendment?
The right to a grand jury indictment
The constitutional provision against cruel and unusual punishment is found in the _______________ Amendment.
8th
Before the Fourth Amendment can be applied to assess the legality of a search and seizure, the person asserting the invalidity of the search must ____________.
Have a reasonable expectation of privacy
In the 1999 movie Double Jeopardy, the character played by Ashley Judd was convicted of murder in California and served a prison sentence. However, the man she was convicted of killing was not really dead. Upon her release from prison, the Judd character
Yes, because Louisiana and California are two different sovereigns
A "Terry search" is another name for a(n) __________, for which the police officer must have _________________.
Stop and frisk search/reasonable suspicion
Police obtain a search warrant for Mary's house to search for cocaine. While executing the search warrant, the police look in a closet and find a sawed-off shotgun. The gun will be:
Admissible if it was immediately apparent as contraband
Which of the following is not an exception to the exclusionary rule?
Greater good exception
What kind of test is used to determine whether a person is in custody?
If a reasonable person would not feel free to leave
Each of the following is prohibited as cruel and unusual punishment except:
Capital punishment
Suppose that police enter a residence to arrest Suzie pursuant to a valid arrest warrant and that Suzie is sitting on the couch in the living room eating popcorn. Incident to a lawful arrest, police may search all of the following except:
The coat closet in the adjacent hallway
Determining whether an officer has probable cause to effectuate an arrest is based on __________________.
The totality of the circumstances
An arrest must be based on evidence that would constitute:
Probable Cause
If a criminal defendant goes to trial but the case ends with a hung jury, can the government retry the defendant on the same charges? Why or why not?
Yes, because the jury did not make a finding of fact on the charges.
In ______________, the Supreme Court ruled that a prosecutor could not use race as a basis for excluding jurors during voir dire.
Batson v. Kentucky
Under the Fifth and/or Sixth Amendment, a person has the right to counsel during each of the following stages except:
Appeals to the Supreme Court
Miranda requirements apply during
Custodial interrogations