Unit 5 Assessment Bank

6. (1.2.1) Which of these best describes an effect of the Supreme Court decision in Marbury v.
Madison?
A. It gave the President veto power over Congress.
B. It divided the government into three separate branches.
C. It established the power to void a congressional law.
D. It made state governments question federal power.

7. (1.2.1) Which part of the United States Constitution was a basis for the decision in McCulloch v.
Maryland (1819)?
A. the due process clause
B. the establishment clause
C. the equal protection clause
D. the necessary and proper clause

8. (1.2.1) Which of these was an effect of the Supreme Court decision in McCulloch v. Maryland?
A. It guaranteed the right to an attorney in criminal cases.
B. It established the separate but equal doctrine.
C. State laws that conflicted with federal laws became unconstitutional.
D. Congress had only those powers that were stated in the Constitution.

9. (1.2.1) In McCulloch v. Maryland, the Supreme Court interpreted the Constitution to mean that
A. laws passed by Congress must be approved by all states
B. laws signed by the President cannot be ruled unconstitutional
C. states have power only if all states agree
D. states cannot tax the federal government

10. (1.2.1) Which of these Supreme Court cases established supremacy of the federal government
over the states?
A. Plessy v. Ferguson
B. New Jersey v. T.L.O
C. Marbury v. Madison
D. McCulloch v. Maryland

11. (1.2.5) Which of these describes a breach of contract?

A. A business awards work to a company with the lowest bid.
B. A homeowner refuses to pay a carpenter for completed work.
C. A worker is laid off from a company experiencing financial problems.
D. A computer store gives a customer a refund on a broken computer.

12. (1.2.5) For which of these situations could a writ of habeas corpus be issued?
A. A defendant plea-bargains in exchange for a lighter sentence.
B. A police officer searches an apartment without a search warrant.
C. A suspect is kept in jail without being charged with a crime.
D. A judge rules that certain evidence cannot be used in a trial.
13. (1.2.5) In which of these circumstances will a judge grant a writ of habeas corpus?
A. the accused person is charged with negligence
B. the accused person is being held without cause
C. the accused person is under the age of eighteen
D. the accused person is a repeat offender

14. (1.2.5) Based on due process, which of these instructions would a judge give to the jury in a
criminal trial?
A. Presume the accused is innocent.
B. Request a retrial if testimony is unclear.
C. Disregard evidence in closing arguments.
D. Give a preference for trial location.

15. (1.2.5) Which of these decides the verdict in a felony trial?

A. the plaintiff
B. the petit jury
C. the grand jury
D. the prosecutor

16. (1.2.5) The role of a grand jury is to determine

A. whether there is enough evidence for an indictment
B. what evidence may be admitted during the trial
C. how much money should be awarded in a court case
D. whether the defendant in a trial is guilty or innocent

17. (1.2.5) Which of these legal documents orders a witness to appear in court?
A. a contract
B. a subpoena
C. an indictment
D. a search warrant

18. (1.2.5) Which of these is required by a judge before police can obtain a search warrant?
A. probable cause linking the person to the crime
B. reasonable doubt no other person is responsible
C. plea bargaining to reduce charges
D. a preponderance of evidence against the accused person
E.
19. (1.2.5) Which of these is an example of plea bargaining?
A. A defense lawyer asks the judge to consider special circumstances.
B. A defendant admits guilt to a lesser charge to avoid a harsher sentence.
C. A judge instructs the jury to consider a wide range of sentencing options.
D. A grand jury fails to find enough evidence to support a charge.

20. (1.2.5) Which of these is a violation of civil law?

A. taking a souvenir shirt without paying for it
B. driving through a red light on the highway
C. breaking a legal contract
D. refusing to report for jury duty
21. (1.2.5) In a criminal case, the prosecutor is responsible for
A. handing down a sentence
B. representing the government
C. providing testimony under oath
D. making sure the law is passed

22. (1.2.5) Which of these terms is used to describe a party who files a civil lawsuit?
A. prosecutor
B. defendant
C. plaintiff
D. mediator

23. (1.2.5) Which of these is an example of plea-bargaining?

A. A defense lawyer asks the judge to consider special circumstances.
B. A defendant admits guilt to a lesser charge to avoid a harsher sentence.
C. A judge instructs the jury to consider a wide range of sentencing options.
D. A grand jury fails to find enough evidence to support a charge.

24. (1.2.5) Which of these is an example of plea-bargaining?

A. A jury determines the sentence for a person convicted of a crime.
B. A police officer collects evidence to obtain a search warrant.
C. A judge reviews evidence to determine whether a police officer violated a citizen's rights.
D. A defendant admits guilt to a less serious charge instead of being tried for a more serious one.

25. Read the excerpt below.

The court’s decision most likely protects the rights of

A. the police
B. the accused
C. journalists
D. victims of crime

26. 1.2.4 The government provides a lawyer to a person who cannot afford one if that person is
A. preparing a will
B. filing for divorce
C. being sued by a business partner
D. being charged with a serious crime
27. (1.2.1) In Gideon v. Wainwright (1963), the Supreme Court ruled that the accused person's
right to due process of law had been violated because he was
A. convicted with illegally obtained evidence
B. arrested without being informed of his legal rights
C. denied a court-appointed attorney to represent him
D. jailed for several weeks before being charged with a crime

28. (1.2.1) Which of these cases guaranteed an individual’s right to legal counsel?
A. Plessy v. Ferguson
B. Gideon v. Wainwright
C. McCulloch v. Maryland
D. Brown v. Board of Education of Topeka

29. (1.2.1) In Plessy v. Ferguson, the United States Supreme Court’s interpretation of the
Fourteenth Amendment
A. supported segregation
B. protected the rights of slave owners
C. guaranteed the right to an attorney
D. upheld freedom of expression

30. (1.2.1)

All of the events described in the headlines above address

A. racial segregation
B. educational access
C. unemployment issues
D. gender discrimination

31. (1.1.1) Read the excerpt below.

“No freeman [person] shall be taken or imprisoned,...or outlawed, or banished, or in any way destroyed,
unless by the lawful judgment of his peers, or by the law of the land...”
–Magna Carta, 1215
Which of these principles found in the Bill of Rights is based on the Magna Carta?
A. guarantee of free speech
B. protection of the right of the state to organize a militia
C. provision for due process
D. prohibition against excessive bail and fines
32. (1.1.1) Read the excerpts below.
Article 1
“That all government of right originates from the people;...they have...the right to alter, reform, or abolish
their form of Government....”
Article 24
“That no man ought to be taken or imprisoned...but by the judgment of his peers, or by the law of the
land.” –Maryland Declaration of Rights
Which of these constitutional rights is described in Article 24?
A. the right to bear arms
B. the right to due process
C. the right to freedom of speech
D. the right to peaceably assemble

33. (1.2.4) Which of these government actions is most associated with due process of law?
A. creating affirmative action programs
B. informing the accused of their rights
C. maintaining order during times of crisis
D. establishing guidelines for workplace safety

34. (1.2.4) Read the information below.

In 1958, the United States Supreme Court ruled that the state of Alabama violated the due process
clause of the Fourteenth Amendment by requiring the National Association for the Advancement
of Colored People (NAACP) to hand over the names and addresses of its members.
Which of these best describes the decision in this case?
A. State actions are limited by the United States Constitution.
B. The Supreme Court lacks the power to review state laws.
C. Political organizations are required to maintain accurate membership records.
D. Citizens must report their memberships in organizations to the government.

35. (1.2.4) Which of these statements describes due process under the Fourteenth Amendment?
A. States must protect the right to a lawyer.
B. Basic rights are protected by executive order.
C. States must obtain congressional approval to limit rights.
D. Basic rights are limited to those stated in the Constitution.

36. (1.2.4) In Goss v. Lopez (1971), a group of children was suspended from school. The parents sued the
Board of Education because the children were not given hearings before the suspension.
Which of these was most at issue in this case?
A. due process
B. probable cause
C. separation of powers
D. rule of law

37. (1.2.4) Which of these is the best example of due process?

A. A speedy trial is guaranteed to a defendant.
B. A plea bargain is offered by a prosecutor.
C. A newspaper reports charges against a suspect.
D. A visitor is allowed to see a suspect in jail.
38. (1.2.4) Which of these is a violation of a defendant’s rights in a criminal proceeding?
A. The judge orders the defendant to testify at trial.
B. The prosecution refuses to plea bargain with the defendant.
C. The defendant requests to be tried by a jury instead of the judge.
D. The judge admits a voluntary confession by the defendant into evidence.

39. (1.2.4) The government provides a lawyer to a person who cannot afford one if that person is
A. preparing a will
B. filing for divorce
C. being sued by a business partner
D. being charged with a serious crime

40. (1.2.4) Which of these headlines most involves a due process right?
A. Politician Promises Stricter Gun Laws
B. Judge Criticizes Police For Withholding Evidence
C. Residents Start Campaign to Throw Out Mayor
D. County Executive Withdraws Bill to Increase Parking Tax

41. (2.1.1) Read the excerpt below.

“Everyone is entitled… to a fair and public hearing by an independent and impartial tribunal
[judge/jury], in the determination of his rights and obligations and of any criminal charge against
him.”
—Article 10 of the Universal Declaration of Human Rights
According to the excerpt, all people are entitled to
A. the right to due process of law
B. freedom of expression
C. freedom from cruel or unusual punishment
D. the right to representation by legal counsel

42. (1.2.4) Read the excerpt below.

“No person shall be held to answer for a capital, or otherwise infamous crime unless on a
presentment or indictment of a Grand Jury … nor shall any person be subject for the same offence
to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a
witness against himself… .”
—Fifth Amendment,United States Constitution
Which of these does the Fifth Amendment specifically prohibit?
A. forcing witnesses in a case to testify
B. allowing the media to announce an indictment
C. trying someone for the same crime a second time
D. selecting jurors who are prejudiced against the defendant

43. (1.1.1) Read the excerpt below.

“No freeman [person] shall be taken or imprisoned,… or outlawed, or banished, or in any way
destroyed, unless by the lawful judgment of his peers, or by the law of the land….”
—Magna Carta, 1215
Which of these constitutional protections is described in the excerpt?
A. government leaders are chosen by the people
B. citizens will receive a fair price for land taken for public use
C. citizens accused of crimes will be heard by an impartial jury
D. power is divided between the three branches of government
44. (1.2.4) A man on trial for committing a crime was not allowed to have witnesses testify on his
behalf.
Which of these principles was violated?
A. due process
B. judicial review
C. checks and balances
D. separation of powers

45. (1.2.1) Which of these statements best explains why school officials are allowed to search a
student’s locker without a search warrant?
A. It is illegal for police officers to enter school property.
B. All constitutional rights are denied students under 21 years of age.
C. School officials are part of local police departments.
D. It is considered necessary for the protection of other students.

46. (1.2.1) In which situation would the Tinker v. Des Moines Supreme Court decision apply?
A. A man is refused an attorney in his criminal case.
B. A woman is arrested without being informed of her rights.
C. A teacher searches a boy’s locker without his permission due to reasonable suspicion.
D. A girl is suspended from school for passing out fliers about a presidential candidate.

47. (1.2.1) Which of these influenced the Supreme Court’s decision in the Tinker v. Des Moines
case?
A. The opinions of the protesters were the same as the majority of students.
B. The school board agreed with the students’ opinions.
C. There was evidence that the students received good grades.
D. There was a lack of evidence that the students’ actions disrupted learning.

48. (1.2.1) According to the Supreme Court’s decision in New Jersey v. T.L.O., a school
administrator can legally
A. search the locker of a student who brags about stealing a wallet
B. prevent a student from peacefully expressing an opinion
C. suspend a student without an explanation of the offense
D. prevent a student from performing in a controversial, privately sponsored play

49. (1.2.1) Which of these best describes the result of the Supreme Court's ruling in New Jersey v.
T.L.O. (1985)?
A. Students have fewer privacy rights in school than in other public settings.
B. School officials must have search warrants in order to search student property.
C. School officials may plan religious assemblies for students.
D. Restrictions placed on student speech in schools are justified.

50. (1.2.1) Which of these incidents led to the United States Supreme Court case Tinker v. Des
Moines Independent School District?
A. A school principal censored articles from the school newspaper.
B. A school district used public transportation to segregate students by race.
C. School authorities searched a student's handbag without a search warrant.
D. School authorities suspended students for wearing black armbands as a protest.
51. (1.2.3) In 2001, the Pennsylvania Supreme Court ruled to accept evidence in a trial that was
obtained by recording a phone conversation without a warrant.
Which of these is most directly affected by this ruling?
A. consent of the governed
B. right to trial by a jury of one's peers
C. suspension of the writ of habeas corpus
D. protection against unreasonable search and seizure

52. (1.2.4) The exclusionary rule states that prosecutors may not use illegally obtained evidence
in court.
A. Explain the privacy protections in the Bill of Rights that support this rule. 
B. Do the advantages of the rule outweigh the disadvantages? Explain why or why not. 
C. Include details and examples to support your answer. 
Write your answer on the lines in your Answer Book.

53. (1.2.5) Which of these is required by a judge before police can obtain a search warrant?
A. probable cause linking the person to the crime
B. reasonable doubt no other person is responsible
C. plea bargaining to reduce charges
D. a preponderance of evidence against the accused person