WLEA POB EXAM 1 QUESTIONS AND ANSWERS
Purpose of US Constitution - CORRECT ANSWER✅✅-Establish supreme law of US.
-Establish framework for federal gov.
-Integrate states
-Reserve rights of states
3 Framers of the Consitution - CORRECT ANSWER✅✅-Magna Carta (1215)
-The Petition of Rights (1628)
-English Bill of Rights (1689)
Common Ideas of the 3 Framers of the Constitution - CORRECT ANSWER✅✅-Due Process
-Taxation without representation
-Habeas Corpus
2 Types of Judicial Activism - CORRECT ANSWER✅✅-Power of Judicial Review
-Incorporation
Marbury v. Madison - CORRECT ANSWER✅✅-Announced Supreme Court has the power of judicial
review.
What Amendment is the Bill of Rights amendments incorporated - CORRECT ANSWER✅✅-14th
Political Power - CORRECT ANSWER✅✅-Is derived from the governed.
3 Ideas for the Structure of the Federal Government - CORRECT ANSWER✅✅-Virginia Plan
-New Jersey Plan
-Connecticut Compromise
,There are _____ Articles and ______ Amendments. - CORRECT ANSWER✅✅-7, 27
The first three articles are: - CORRECT ANSWER✅✅-Legislative Branch (creation)
-Executive Branch (enforcing)
-Judicial Branch (interpreting)
What amendments make up the Bill of Rights? - CORRECT ANSWER✅✅-1-10
1st Amendment - CORRECT ANSWER✅✅-Religion
-Speech
-Press
_Peaceful Assembly
_Redress
2nd Amendment - CORRECT ANSWER✅✅-Right to bear arms
4th Amendment - CORRECT ANSWER✅✅-Unreasonable search and seizures
5th Amendment - CORRECT ANSWER✅✅-Grand Jury
-Double Jeopardy
-Eminent Domain
-Self Incrimination
-Due Process
6th Amendment - CORRECT ANSWER✅✅-Counsel
-Jury Trial
-Speedy Trial
-Confrontation
,-Impartial Jury
8th Amendment - CORRECT ANSWER✅✅-Excessive punishments
14th Amendment - CORRECT ANSWER✅✅-Due Process (cannot deprive life, liberty or property w/out
it)
-States cannot abridge privileges or immunities
-Equal protection of law
2 Judicial attitudes towards the Courts - CORRECT ANSWER✅✅-Judicial Restraint - results in no policy
decisions.
-Judicial Activism - bold policy decisions.
2 example of judicial activism - CORRECT ANSWER✅✅-Judicial Review - exercise of the Courts
(appellate jurisdiction)
-Incorporation - how amendments are applied
Silver Platter Doctrine - CORRECT ANSWER✅✅-federal prosecutors could use evidence obtained
illegally by state police because state police were not bound by US Constitution.
Selective Incorporation - CORRECT ANSWER✅✅-Incorporates fundamental provisions
Incorporation of Amendments - CORRECT ANSWER✅✅-1st - Fully
-2nd - Fully
-3rd - only in 2nd Circuit
-4th - Fully
-5th - Not for Grand Jury
-6th - Except Vicinage Clause
-7th - followed, not incorp.
-8th - only in guarantee of cruel and unusual punishment
, 2 Rules under 4th Amendment - CORRECT ANSWER✅✅-Warrant Rule
-Exclusionary Rule
Warrant Rule Concepts - CORRECT ANSWER✅✅-Neutral and detached magistrate (issued)
-Probable Cause
-Particularity
-Exceptions
Neutral and detached magistrates - CORRECT ANSWER✅✅-Doesn't have to be a lawyer
-Shadwick v. City of Tampa
-Must be impartial
Probable Cause - CORRECT ANSWER✅✅-Collection of facts and circumstances
-Known to officer
-Reasonable trustworthy info
-Draper v. US
-Based on totality of circumstances
-Illinois v. Gates
Good Faith Exception - CORRECT ANSWER✅✅-Officers acting in what they believe is in accordance with
the warrant.
-Maryland v. Garrison
Particularity - CORRECT ANSWER✅✅-Place to be searched
-Things to be seized
Exceptions to 4th - CORRECT ANSWER✅✅-Real/existing or potential circumstances
-No time
Purpose of US Constitution - CORRECT ANSWER✅✅-Establish supreme law of US.
-Establish framework for federal gov.
-Integrate states
-Reserve rights of states
3 Framers of the Consitution - CORRECT ANSWER✅✅-Magna Carta (1215)
-The Petition of Rights (1628)
-English Bill of Rights (1689)
Common Ideas of the 3 Framers of the Constitution - CORRECT ANSWER✅✅-Due Process
-Taxation without representation
-Habeas Corpus
2 Types of Judicial Activism - CORRECT ANSWER✅✅-Power of Judicial Review
-Incorporation
Marbury v. Madison - CORRECT ANSWER✅✅-Announced Supreme Court has the power of judicial
review.
What Amendment is the Bill of Rights amendments incorporated - CORRECT ANSWER✅✅-14th
Political Power - CORRECT ANSWER✅✅-Is derived from the governed.
3 Ideas for the Structure of the Federal Government - CORRECT ANSWER✅✅-Virginia Plan
-New Jersey Plan
-Connecticut Compromise
,There are _____ Articles and ______ Amendments. - CORRECT ANSWER✅✅-7, 27
The first three articles are: - CORRECT ANSWER✅✅-Legislative Branch (creation)
-Executive Branch (enforcing)
-Judicial Branch (interpreting)
What amendments make up the Bill of Rights? - CORRECT ANSWER✅✅-1-10
1st Amendment - CORRECT ANSWER✅✅-Religion
-Speech
-Press
_Peaceful Assembly
_Redress
2nd Amendment - CORRECT ANSWER✅✅-Right to bear arms
4th Amendment - CORRECT ANSWER✅✅-Unreasonable search and seizures
5th Amendment - CORRECT ANSWER✅✅-Grand Jury
-Double Jeopardy
-Eminent Domain
-Self Incrimination
-Due Process
6th Amendment - CORRECT ANSWER✅✅-Counsel
-Jury Trial
-Speedy Trial
-Confrontation
,-Impartial Jury
8th Amendment - CORRECT ANSWER✅✅-Excessive punishments
14th Amendment - CORRECT ANSWER✅✅-Due Process (cannot deprive life, liberty or property w/out
it)
-States cannot abridge privileges or immunities
-Equal protection of law
2 Judicial attitudes towards the Courts - CORRECT ANSWER✅✅-Judicial Restraint - results in no policy
decisions.
-Judicial Activism - bold policy decisions.
2 example of judicial activism - CORRECT ANSWER✅✅-Judicial Review - exercise of the Courts
(appellate jurisdiction)
-Incorporation - how amendments are applied
Silver Platter Doctrine - CORRECT ANSWER✅✅-federal prosecutors could use evidence obtained
illegally by state police because state police were not bound by US Constitution.
Selective Incorporation - CORRECT ANSWER✅✅-Incorporates fundamental provisions
Incorporation of Amendments - CORRECT ANSWER✅✅-1st - Fully
-2nd - Fully
-3rd - only in 2nd Circuit
-4th - Fully
-5th - Not for Grand Jury
-6th - Except Vicinage Clause
-7th - followed, not incorp.
-8th - only in guarantee of cruel and unusual punishment
, 2 Rules under 4th Amendment - CORRECT ANSWER✅✅-Warrant Rule
-Exclusionary Rule
Warrant Rule Concepts - CORRECT ANSWER✅✅-Neutral and detached magistrate (issued)
-Probable Cause
-Particularity
-Exceptions
Neutral and detached magistrates - CORRECT ANSWER✅✅-Doesn't have to be a lawyer
-Shadwick v. City of Tampa
-Must be impartial
Probable Cause - CORRECT ANSWER✅✅-Collection of facts and circumstances
-Known to officer
-Reasonable trustworthy info
-Draper v. US
-Based on totality of circumstances
-Illinois v. Gates
Good Faith Exception - CORRECT ANSWER✅✅-Officers acting in what they believe is in accordance with
the warrant.
-Maryland v. Garrison
Particularity - CORRECT ANSWER✅✅-Place to be searched
-Things to be seized
Exceptions to 4th - CORRECT ANSWER✅✅-Real/existing or potential circumstances
-No time
