Deck 11: The Legal World: Prisoners Rights

Question 1

In the _____ case,a federal circuit court clarified the Pape decision,indicating that prisoners could sue a warden or another correctional official under Title 42 of the U.S.Code,Section 1983,based on the protections of the Civil Rights Act of 1871.

A)Coffin v.Reichard
B)Monroe v.Pape
C)Cooper v.Pate
D)Holt v.Sarver

Answer 1

C

Question 2

Constitutional rights of inmates may be restricted by all except _____.

A)maintenance of institutional order
B)the general belief that inmates are bad
C)maintenance of institutional security
D)safety of prison inmates and staff

Answer 2

B

Question 3

The hands-off era is said to have ended in 1970 when a federal district court declared in _____ the entire Arkansas prison system "so inhumane as to be a violation of the Eighth Amendment bar on cruel and unusual punishment."

A)Coffin v.Reichard
B)Monroe v.Pape
C)Cooper v.Pate
D)Holt v.Sarver

Answer 3

D

Question 4

A writ of _____ is an order from a court to produce a prisoner in court so that the court can determine whether the prisoner is being legally detained.

A)certiorari
B)mandamus
C)quo warranto
D)habeas corpus

Question 5

The _____ case was the first in which a federal appellate court ruled that prisoners do not automatically lose their civil rights when in prison.

A)Coffin v.Reichard
B)Monroe v.Pape
C)Cooper v.Pate
D)Holt v.Sarver

Question 6

Which of the following is not one of the four legal foundations of prisoner's rights?

A)U.S.Constitution
B)Federal statues
C)State constitutions
D)Inmate unions

Question 7

_____ are awarded to punish the wrongdoer when the wrongful act was intentional and malicious or was done with reckless disregard for the rights of the inmate.

A)General damages
B)Compensatory damages
C)Punitive damages
D)Special damages

Question 8

The first ten amendments to the United States Constitution are known as the _____.

A)Declaration of Independence
B)Northwest Ordinance
C)Bill of Rights
D)Federalist Papers

Question 9

Habeas corpus is Latin for _____.

A)"you have the body"
B)"the dead body"
C)"the murdered victim"
D)"the body of the victim"

Question 10

Small amounts of money a court may award when inmates have sustained no actual damages,but there is clear evidence that their rights have been violated are called _____.

A)nominal damages
B)compensatory damages
C)punitive damages
D)general damages

Question 11

Under the _____,U.S.courts for many decades avoided intervening in prison management.

A)hands-off doctrine
B)Regan doctrine
C)dirty hands doctrine
D)open field doctrine

Question 12

A legal obligation to another person to do,pay,or make good something is known as _____.

A)criminal liability
B)civil liability
C)vicarious liability
D)strict liability

Question 13

A previous judicial decision that judges should consider in deciding future cases is called _____.

A)precedent
B)first impression
C)cession
D)dictum

Question 14

The Attica prison riots occurred in _____.

A)Rhode Island
B)Texas
C)California
D)New York

Question 15

A(n)_____ is a civil wrong,a wrongful act,or a wrongful breach of duty,other than a breach of contract,whether intentional or accidental,from which injury to another occurs.

A)habeas corpus
B)writ of mandamus
C)tort
D)injunctive relief

Question 16

The first case that began the dismantling of the hands-off doctrine was _____.

A)Coffin v Reichard
B)Monroe v.Pape
C)Cooper v.Pate
D)Ex parte Hull

Question 17

_____ are payments for actual losses,which may include out-of-pocket expenses the inmate incurred in filing the suit,other forms of monetary or material loss,and pain,suffering,and mental anguish.

A)Punitive damages
B)Compensatory damages
C)Special damages
D)Nominal damages

Question 18

The trial courts of the federal system are called _____.

A)criminal courts
B)district courts
C)appellate courts
D)superior courts

Question 19

The power,right,or authority of a court to interpret and apply the law is called _____.

A)venue
B)forum
C)mandate
D)jurisdiction

Question 20

A judicial order to do or refrain from doing a particular act is called a(n)_____.

A)interim order
B)interpleader
C)standing
D)injunction

Question 21

The case of Grummett v.Rushen dealt with the issue of _____.

A)excessive force used by prison guards
B)the right to privacy within a prisoner's cell
C)the policy of allowing female correctional officers to observe male inmates in sensitive situations
D)the right to prisoners corresponding with their attorneys

Question 22

In 1974,in _____,the U.S.Supreme Court held that the censoring of inmate mail is acceptable only when necessary to protect legitimate government interests.

A)McNamara v.Moody
B)Procunier v.Martinez
C)Pell v.Procunier
D)Holt v.Sarver

Question 23

The case of Fulwood v.Clemmer ruled that _____.

A)the Catholic faith must be allowed in prison
B)the Buddhist faith must be allowed in prison
C)the Muslim faith must be allowed in prison
D)the Mormon faith must be allowed in prison

Question 24

Inmates' rights cases involving the _____ Amendment cover areas as diverse as medical care,prison conditions,physical insecurity,psychological stress,and capital punishment.

A)Second
B)Fourth
C)Fifth
D)Eighth

Question 25

The case of _____ ruled that the double-celling of prisoners was constitutional.

A)Rhodes v.Chapman
B)Estelle v.Gamble
C)Pell v.Procunier
D)Pugh v.Locke

Question 26

In 1987 U.S.Supreme Court justice _____ summarized the thrust of earlier opinions,holding that "prison walls do not form a barrier separating prison inmates from the protections of the Constitution."

A)William Rehnquist
B)Clarence Thomas
C)Sandra Day O'Connor
D)Antonin Scalia

Question 27

In the case of _____,the conditions of confinement in the Texas prison system were deemed unconstitutional.

A)Bush v.U.S.
B)Ruiz v.Estelle
C)Holt v.Sarver
D)Estelle v.Gamble

Question 28

A standard to be used in evaluating whether prison conditions are cruel and unusual is called _____.

A)totality of circumstances
B)totality of conditions
C)totality of evidence
D)totality of time

Question 29

In the case of _____ the Court held that prisoners have no right to be in any particular prison and therefore have no due process protections before being transferred from one prison to another.

A)Hudson v.Palmer
B)Estelle v.Gamble
C)Johnson v.Avery
D)Meacham v.Fano

Question 30

As a result of the _____ decision,law libraries were created in prisons across the nation.

A)Hudson v.Palmer
B)Bounds v.Smith
C)Johnson v.Avery
D)Meacham v.Fano

Question 31

The balancing test was established in the case of _____.

A)McNamara v.Moody
B)Monroe v.Pape
C)Pell v.Procunier
D)Holt v.Sarver

Question 32

The case of Johnson v.Avery dealt with the issues of _____.

A)medical treatment in prison
B)double-celling
C)solitary confinement
D)jailhouse lawyers

Question 33

A method the U.S.Supreme Court uses to decide prisoners' rights cases,weighing the rights claimed by inmates against the legitimate needs of prisons is called the _____.

A)necessary test
B)justice test
C)fairness test
D)balancing test

Question 34

The _____ case spelled out the duty of prison officials to provide inmates with medical care.

A)Hudson v.Palmer
B)Estelle v.Gamble
C)Pell v.Procunier
D)Pugh v.Locke

Question 35

Under a 1979 federal appeals court decision,in _____,prison officials may not prohibit inmates from writing vulgar letters or those that make disparaging remarks about the prison staff.

A)McNamara v.Moody
B)Procunier v.Martinez
C)Pell v.Procunier
D)Holt v.Sarver

Question 36

In the case of _____,the court ruled that "a prisoner has no reasonable expectation of privacy in his prison cell entitling him to the protection of the Fourth Amendment against unreasonable searches."

A)Hudson v.Palmer
B)Procunier v.Martinez
C)Pell v.Procunier
D)Holt v.Sarver

Question 37

The case of Jones v.North Carolina Prisoners' Labor Union,Inc.ruled that _____.

A)inmates have a right to join a labor union in the prison
B)inmates do not have a right to join a labor union
C)inmates may form a labor union but only "honor" inmates are allowed to join
D)labor unions are not allowed in prison,even for the correctional officers

Question 38

The case of Hudson v.Palmer dealt with the issue of _____.

A)an inmate's right to practice his religion
B)an inmate's right to mail
C)an inmate's right to a certain diet
D)an inmate's right to not have his cell searched

Question 39

The case of _____ expanded the concept of due process by applying it to disciplinary actions within prisons.

A)Estelle v.Gamble
B)Pell v.Procunier
C)Pugh v.Locke
D)Wolff v.McDonnell

Question 40

The 1976 federal court case of Pugh v.Locke introduced the totality of conditions standard.That standard,said the court is to be used in evaluating whether prison conditions are _____.

A)just deserts
B)overboard
C)cruel and unusual
D)severe and unjust

Question 41

"Excessive bail shall not be required,nor excessive fines imposed,nor cruel and unusual punishment inflicted" is the Eighth Amendment.

Question 42

The Supreme Court has ruled that a Jewish inmate has a right to a kosher diet.

Question 43

The case of Schenck v.United States decided that freedom of speech was an absolute right for all Americans.

Question 44

No state or its officers may interfere with a prisoner's right to apply to a federal court for a writ of habeas corpus.

Question 45

A jailhouse lawyer is a lawyer who has been convicted of a crime and sent to prison.

Question 46

The Supreme Court has ruled that all religions and beliefs must be represented in a prison system.

Question 47

The Supreme Court has ruled that inmates do have a right to consult "jailhouse lawyers."

Question 48

A jailhouse lawyer refers to _____.

A)a lawyer who represents the inmates in a jail
B)a lawyer who has been sent to prison for committing a crime
C)other inmates who are knowledgeable in law
D)a college professor who teaches law in prison

Question 49

The case of Cruz v.Beto established the right of prisoners to have visits.

Question 50

Mr.Gerber,a prisoner in the California Department of Corrections,sued for the right to _____.

A)have visitation rights for his children
B)put his children up for adoption
C)artificially inseminate his wife
D)adopt a child

Question 51

The historical policy of American courts not intervening in the affairs of prison management was called _____.

Question 52

At one point,the entire Arkansas Prison System was ruled unconstitutional.

Question 53

Female inmates frequently had to go to court simply to gain rights that male inmates already had.

Question 54

Before a prisoner can be transferred to another prison he is allowed a hearing in which he can oppose the transfer on various constitutional grounds.

Question 55

As a result of a conviction for a criminal offense,the inmate loses all of his constitutional rights.

Question 56

Under the case of Procunier v.Martinez inmate mail may not be read by the correctional officers.

Question 57

The Court has ruled that _____.

A)putting two or more inmates in a cell is unconstitutional
B)you can put two inmates into a cell if the cell is more than 100 square feet
C)two people in a cell is constitutional but three people is not
D)double-celling is constitutional

Question 58

A writ of habeas corpus is an order from the court to produce a prisoner in court so that the court can determine whether the prisoner is being legally detained.

Question 59

Habeas corpus is Latin for "the dead body."

Question 60

It is a constitutional requirement that prisons only have one inmate per cell.

Question 61

Habeas corpus is Latin for _____.

Question 62

The case of _____ was the first to rule that a prisoner did not automatically lose his/her civil rights when in prison.

Question 63

The case of _____ ruled that the double-celling of prisoners was constitutional.
Short

Question 64

A previous judicial decision that judges should consider in deciding future cases is called _____.

Question 65

The trial courts of the federal system are called _____.

Question 66

The case of _____ declared the entire Arkansas prison system "so inhumane as to be a violation of the Eighth Amendment bar on cruel and unusual punishment."

Question 67

The case that began the dismantling of the hands off doctrine was _____.

Question 68

A standard to be used in evaluating whether prison conditions are cruel and unusual is called _____.

Question 69

A method the U.S.Supreme Court uses to decide prisoner's rights cases,weighing the rights claimed by inmates against the legitimate needs of prisons is called the _____.

Question 70

The case of Fulwood v.Clemmer ruled that the _____ faith must be allowed in prison.

Question 71

There are currently _____ courts of appeal.

Question 72

The first ten amendments to the United States Constitution are known as the _____.

Question 73

"Excessive bail shall not be required,nor excessive fines imposed,nor cruel and unusual punishment inflicted" is part of the _____ Amendment.

Question 74

In the case of _____,the court ruled that "a prisoner has no reasonable expectation of privacy in his prison cell entitling him to the protection of the Fourth Amendment against unreasonable searches."

Question 75

A judicial order to do or refrain from doing a particular act is called _____.

Question 76

The Court held that prison officials could not lawfully demonstrate deliberate indifference to the medical needs of prisoners in the case of _____.

Question 77

The case of _____ ruled that no state or its officers may interfere with a prisoner's right to apply to a federal court for a writ of habeas corpus.

Question 78

The case of _____ held that the censoring of inmate mail is acceptable but only when necessary to protect legitimate government interests.

Question 79

A writ of _____ is an order from the court to produce a prisoner in court so that the court can determine whether the prisoner is being legally detained.