Lawyer Constitutional Law 2

Question 1

What is the constitutional basis for the Supreme Court's power of judicial review?

Accepted Answer

Marbury v. Madison established it as an inherent judicial power

Answer

In Marbury v. Madison (1803), Chief Justice Marshall held that the Constitution implicitly empowers courts to strike down legislation that violates it.

Question 2

The 4th Amendment protects people against unreasonable searches and seizures; what is generally required before police conduct a search?

Accepted Answer

A warrant supported by probable cause

Answer

The 4th Amendment requires warrants to be based on probable cause, supported by oath, and describing the place to be searched and items to be seized.

Question 3

What does 'equal protection' under the 14th Amendment guarantee?

Accepted Answer

That similarly situated people will be treated similarly under the law

Answer

The Equal Protection Clause requires that government treat similarly situated people similarly and prohibits arbitrary or discriminatory classifications.

Question 4

What is 'standing' as a constitutional requirement for federal court jurisdiction?

Accepted Answer

The plaintiff must have a concrete injury, causation, and redressability

Answer

Article III standing requires injury in fact that is concrete and particularized, fairly traceable to the defendant's conduct, and likely to be redressed by a favorable decision.

Question 5

Under the 5th Amendment, what is the privilege against self-incrimination?

Accepted Answer

No person may be compelled in a criminal case to be a witness against themselves

Answer

The 5th Amendment protects individuals from being compelled to provide testimonial evidence that would incriminate themselves in a criminal proceeding.

Lawyer Practice Test

Lawyer Practice Test

Lawyer Constitutional Law 2