Lawyer Constitutional Law 3

Question 1

The 6th Amendment right to counsel in criminal cases was applied to states through which case?

Accepted Answer

Gideon v. Wainwright (1963)

Answer

In Gideon v. Wainwright, the Supreme Court held that the 6th Amendment right to counsel is incorporated to the states via the 14th Amendment.

Question 2

What is the 'exclusionary rule' in constitutional criminal procedure?

Accepted Answer

Evidence obtained in violation of the Constitution is inadmissible at trial

Answer

The exclusionary rule, derived from the 4th Amendment, bars the prosecution from using evidence obtained through unconstitutional searches or seizures.

Question 3

What does the 8th Amendment prohibit with respect to criminal punishment?

Accepted Answer

Cruel and unusual punishment

Answer

The 8th Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishment, including torturous methods and grossly disproportionate sentences.

Question 4

The Double Jeopardy Clause of the 5th Amendment prohibits what?

Accepted Answer

Being tried twice for the same offense after acquittal or conviction

Answer

The Double Jeopardy Clause bars the government from prosecuting a defendant a second time for the same offense after acquittal or conviction.

Question 5

What constitutional doctrine limits Congress from delegating legislative power to administrative agencies without clear guidelines?

Accepted Answer

The Non-Delegation Doctrine

Answer

The Non-Delegation Doctrine holds that Congress may not transfer its legislative power to agencies without providing an intelligible principle to guide their discretion.

Lawyer Practice Test

Lawyer Practice Test

Lawyer Constitutional Law 3