Test Bank for Constitutional Rights of Prisoners,
10e Shaun Gann, John Palmer (All Chapters)
Chapter 1
An Overview of the Judicial System and Correctional Law
Multiple-Choice Questions
1. Which of the following is not one of the three principle sources of laws in the U.S.?
a) Federal and state constitutions
b) Federal and state statutes
c) Presidential proclamations*
d) Common (case) law
2. The Bill of Rights became applicable to the states in 1868 with the passage of the _____
Amendment.
a) 12th
b) 14th*
c) 16th
d) 18th
3. __________ is the decision of a court that furnishes authority for an identical or similar case
that arises subsequently.
a) Precedent*
b) Dictum
c) Holding
d) Ad litem
4. Which of the following is not one of the reasons for applying the doctrine of stare decisis
discussed in the text?
a) Certainty and predictability of the law
b) Equality of application
c) Respect for the prior judgments of an esteemed legal mind
d) Limiting the number of cases filed in a court*
5. Federal courts have original jurisdiction over all of the following types of cases EXCEPT:
a) cases arising under the U.S. Constitution
b) controversies in which the U.S. is a party
c) state constitutions*
d) controversies between states
6. Which of the following is not a form of evidence used in federal trials?
a) Testimony
, b) Documents
c) Physical evidence
d) Hearsay*
7. In civil cases, the burden of proof is __________.
a) preponderance of the evidence*
b) beyond a reasonable doubt
c) clear and convincing evidence
d) reasonable belief
8. How many Supreme Court justices must agree to hear a case before it is presented to the entire
Court?
a) 3
b) 4*
c) 5
d) 6
9. Which of the following is the correct citation style for Supreme Court cases reported in the
United States Reports?
a) Lafler v. Cooper (2012), 566 U.S. 156
b) (2012) Lafler v. Cooper, 566 U.S. 156
c) Lafler v. Cooper, 566 U.S. 156 (2012)*
d) Lafler v. Cooper (566 U.S. 156), 2012
10. Which of the following is not one of the circumstances in which courts intervene in the
correctional administrative process?
a) The statute or policy under which the prison administrator is acting is unconstitutional
b) The act of the prison administrator is outside the scope if his/her authority
c) The procedure used by the prison administrator in decisions affecting the status of a
prisoner falls below minimum requirements of due process
d) The moral standards of society have shifted, requiring the judicial intervention in the
administration process*
11. Under the __________ doctrine, a prison regulation that would impinge on prisoners’
constitutional rights is nevertheless valid if it is reasonably related to the prison’s legitimate
interests.
a) Turner*
b) Atkins
c) Cooper
d) Estelle
True/False Questions
,1. The U.S. Constitution divides federal power among three branches of government: legislative,
executive, and judicial. True
2. Originally, the Bill of Rights applied to both the federal and state governments. False
3. The practice of using past case law as the basis for current decisions is called stare decisis.
True
4. All court structures include two types of courts: appellate courts and courts of last resort.
False
5. Federal district courts are trial courts for federal criminal prosecutions and civil actions. True
6. Though the U.S. Supreme Court receives about 7,000-8,000 petitions each term, it only grants
writs of certiorari to approximately 80. True
7. Parties may appeal on questions of fact, not questions of law. False
8. Until the 1960s, courts adopted a hands-off attitude toward prisons. True
Short-Answer Questions
1. Discuss the role administrative discretion in operating and running prisons.
2. Describe all of the information included in the following citation:
Holt v. Hobbs, 574 U.S. 352 (2015).
3. Discuss the structure of the federal court system, including the number of each type of court
and the types of cases heard in each court.
, Chapter 2
Religion in Prison
Test Bank
Multiple-Choice Questions
1. The __________ of the U.S. Constitution possesses two clauses which are contradictory: the
establishment clause and the free exercise clause.
a) First Amendment*
b) Fourth Amendment
c) Fifth Amendment
d) Fourteenth Amendment
2. Restrictions to “religious opportunities” are reviewed in light of all of the following factors
EXCEPT:
a) Whether available alternatives are absent, bearing on the reasonableness of the regulation
b) Whether the accommodation would have a significant impact on guards
c) Whether the regulation is agreed upon by the majority of prison staff and administrators*
d) Whether there is a “valid, rational connection” between the regulation and legitimate
government interest
3. Which of the following is the most frequently cited justification for limiting a prisoner’s
religious freedom?
a) Maintenance of security*
b) Exercise of authority
c) Economic considerations
d) Official’s discretion
4. Which historical approach is still used to argue that control over religious freedom in prison is
a proper subject for the exercise of authority and official discretion?
a) Due process
b) Non-interference*
c) Shocked the conscience
d) Unduly hazardous
5. In __________, the Supreme Court held that there was no burden on prison officials to
disprove the availability of alternative methods of accommodating prisoners’ religious rights.
a) O’Lone v. Estate of Shabazz*
b) Cutter v. Wilkinson
c) Holt v. Hobbs
d) Walker v. Blackwell
6. Prisoners in custodial supervision are allowed to attend religious services unless which of the
following are reasons?
a) A physician-certified medical reason
Constitutional Rights of Prisoners, 10th Ed., Copyright © 2022 Taylor & Francis. All rights reserved.
10e Shaun Gann, John Palmer (All Chapters)
Chapter 1
An Overview of the Judicial System and Correctional Law
Multiple-Choice Questions
1. Which of the following is not one of the three principle sources of laws in the U.S.?
a) Federal and state constitutions
b) Federal and state statutes
c) Presidential proclamations*
d) Common (case) law
2. The Bill of Rights became applicable to the states in 1868 with the passage of the _____
Amendment.
a) 12th
b) 14th*
c) 16th
d) 18th
3. __________ is the decision of a court that furnishes authority for an identical or similar case
that arises subsequently.
a) Precedent*
b) Dictum
c) Holding
d) Ad litem
4. Which of the following is not one of the reasons for applying the doctrine of stare decisis
discussed in the text?
a) Certainty and predictability of the law
b) Equality of application
c) Respect for the prior judgments of an esteemed legal mind
d) Limiting the number of cases filed in a court*
5. Federal courts have original jurisdiction over all of the following types of cases EXCEPT:
a) cases arising under the U.S. Constitution
b) controversies in which the U.S. is a party
c) state constitutions*
d) controversies between states
6. Which of the following is not a form of evidence used in federal trials?
a) Testimony
, b) Documents
c) Physical evidence
d) Hearsay*
7. In civil cases, the burden of proof is __________.
a) preponderance of the evidence*
b) beyond a reasonable doubt
c) clear and convincing evidence
d) reasonable belief
8. How many Supreme Court justices must agree to hear a case before it is presented to the entire
Court?
a) 3
b) 4*
c) 5
d) 6
9. Which of the following is the correct citation style for Supreme Court cases reported in the
United States Reports?
a) Lafler v. Cooper (2012), 566 U.S. 156
b) (2012) Lafler v. Cooper, 566 U.S. 156
c) Lafler v. Cooper, 566 U.S. 156 (2012)*
d) Lafler v. Cooper (566 U.S. 156), 2012
10. Which of the following is not one of the circumstances in which courts intervene in the
correctional administrative process?
a) The statute or policy under which the prison administrator is acting is unconstitutional
b) The act of the prison administrator is outside the scope if his/her authority
c) The procedure used by the prison administrator in decisions affecting the status of a
prisoner falls below minimum requirements of due process
d) The moral standards of society have shifted, requiring the judicial intervention in the
administration process*
11. Under the __________ doctrine, a prison regulation that would impinge on prisoners’
constitutional rights is nevertheless valid if it is reasonably related to the prison’s legitimate
interests.
a) Turner*
b) Atkins
c) Cooper
d) Estelle
True/False Questions
,1. The U.S. Constitution divides federal power among three branches of government: legislative,
executive, and judicial. True
2. Originally, the Bill of Rights applied to both the federal and state governments. False
3. The practice of using past case law as the basis for current decisions is called stare decisis.
True
4. All court structures include two types of courts: appellate courts and courts of last resort.
False
5. Federal district courts are trial courts for federal criminal prosecutions and civil actions. True
6. Though the U.S. Supreme Court receives about 7,000-8,000 petitions each term, it only grants
writs of certiorari to approximately 80. True
7. Parties may appeal on questions of fact, not questions of law. False
8. Until the 1960s, courts adopted a hands-off attitude toward prisons. True
Short-Answer Questions
1. Discuss the role administrative discretion in operating and running prisons.
2. Describe all of the information included in the following citation:
Holt v. Hobbs, 574 U.S. 352 (2015).
3. Discuss the structure of the federal court system, including the number of each type of court
and the types of cases heard in each court.
, Chapter 2
Religion in Prison
Test Bank
Multiple-Choice Questions
1. The __________ of the U.S. Constitution possesses two clauses which are contradictory: the
establishment clause and the free exercise clause.
a) First Amendment*
b) Fourth Amendment
c) Fifth Amendment
d) Fourteenth Amendment
2. Restrictions to “religious opportunities” are reviewed in light of all of the following factors
EXCEPT:
a) Whether available alternatives are absent, bearing on the reasonableness of the regulation
b) Whether the accommodation would have a significant impact on guards
c) Whether the regulation is agreed upon by the majority of prison staff and administrators*
d) Whether there is a “valid, rational connection” between the regulation and legitimate
government interest
3. Which of the following is the most frequently cited justification for limiting a prisoner’s
religious freedom?
a) Maintenance of security*
b) Exercise of authority
c) Economic considerations
d) Official’s discretion
4. Which historical approach is still used to argue that control over religious freedom in prison is
a proper subject for the exercise of authority and official discretion?
a) Due process
b) Non-interference*
c) Shocked the conscience
d) Unduly hazardous
5. In __________, the Supreme Court held that there was no burden on prison officials to
disprove the availability of alternative methods of accommodating prisoners’ religious rights.
a) O’Lone v. Estate of Shabazz*
b) Cutter v. Wilkinson
c) Holt v. Hobbs
d) Walker v. Blackwell
6. Prisoners in custodial supervision are allowed to attend religious services unless which of the
following are reasons?
a) A physician-certified medical reason
Constitutional Rights of Prisoners, 10th Ed., Copyright © 2022 Taylor & Francis. All rights reserved.
