Jones v Mississippi Podcast Course Lesson 2 Fill in the Blank
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Instructions: Place the best Key Vocabulary Word to fill in the blank in each sentence below. A word may be used more than once. All sentences below have been taken from actual court opinions.
“cruel and unusual punishment” | homicide | sentence(d) | motion |
parole | petitioner | relief | hearing |
express | certiorari | mandatory/discretionary | unconstitutional |
justices |
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- Question 1 of 25
1. Question
The history of the constitutional prohibition of {} has been recounted at length in prior opinions of the Court and need not be repeated here.
Estelle v. Gamble, 429 US 97 – Supreme Court 1976
CorrectIncorrect - Question 2 of 25
2. Question
This case requires us to decide what standard governs a prison inmate’s claim that prison officials subjected him to {} by shooting him during the course of their attempt to quell a prison riot.
Whitley v. Albers, 475 US 312 – Supreme Court 1986
CorrectIncorrect - Question 3 of 25
3. Question
Held: The Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile {} offenders.
Miller v. Alabama, 567 US 460 – Supreme Court 2012
CorrectIncorrect - Question 4 of 25
4. Question
The State of Maine requires a defendant charged with murder to prove that he acted “in the heat of passion on sudden provocation” in order to reduce the {} to manslaughter.
Mullaney v. Wilbur, 421 US 684 – Supreme Court 1975
CorrectIncorrect - Question 5 of 25
5. Question
Petitioner Graham was 16 when he committed armed burglary and another crime. Under a plea agreement, the Florida trial court {} Graham to probation and withheld adjudication of guilt. Graham v. Florida, 560 US 48 – Supreme Court 2010
CorrectIncorrect - Question 6 of 25
6. Question
Section 3582(c)(2) establishes an exception to the general rule of finality “in the case of a defendant who has been {} to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o)” and made retroactive pursuant to § 994(u). Dillon v. US, 560 US 817 – Supreme Court 2010
CorrectIncorrect - Question 7 of 25
7. Question
In finding petitioner suitable for {}, the Board emphasized the presence of multiple statutory factors favoring suitability, including petitioner’s exemplary record of rehabilitation, her acceptance of responsibility for the crime, her realistic parole plans, and her close ties to her family, who would offer her support in reintegrating into the community. In re Lawrence, 190 P. 3d 535 – Cal: Supreme Court 2008
CorrectIncorrect - Question 8 of 25
8. Question
First, when a habeas corpus {} seeks to initiate an appeal of the dismissal of a habeas corpus petition after April 24, 1996 (the effective date of AEDPA), the right to appeal is governed by the certificate of appealability (COA) requirements now found at 28 U. S. C. § 2253(c) (1994 ed., Supp. III). Slack v. McDaniel, 529 US 473 – Supreme Court 2000
CorrectIncorrect - Question 9 of 25
9. Question
Specifically, it held that when a {petitioner} seeks to excuse a late filing based on his attorney’s unprofessional conduct, that conduct, even if grossly negligent, cannot justify equitable tolling absent proof of bad faith, dishonesty, divided loyalty, mental impairment, or the like. Holland v. Florida, 560 US 631 – Supreme Court 2010
CorrectIncorrect - Question 10 of 25
10. Question
Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the claim showing that the pleader is entitled to {},” in order to “give the defendant fair notice of what the … claim is and the grounds upon which it rests.” Bell Atlantic Corp. v. Twombly, 550 US 544 – Supreme Court 2007
CorrectIncorrect - Question 11 of 25
11. Question
It charged that such discrimination constituted a violation of petitioners’ right under the Railway Labor Act to fair representation from their bargaining agent. And it concluded by asking for {} in the nature of declaratory judgment, injunction and damages. Conley v. Gibson, 355 US 41 – Supreme Court 1957
CorrectIncorrect - Question 12 of 25
12. Question
The question in this putative class action is whether a § 1 complaint can survive a {} to dismiss when it alleges that major telecommunications providers engaged in certain parallel conduct unfavorable to competition, absent some factual context suggesting agreement, as distinct from identical, independent action. Bell Atlantic Corp. v. Twombly, 550 US 544 – Supreme Court 2007
CorrectIncorrect - Question 13 of 25
13. Question
In Preiser v. Rodriguez, supra, the prisoner complained that he had been deprived of good-time credits without notice or {hearing} and without due process of law. Wolff v. McDonnell, 418 US 539 – Supreme Court 1974
CorrectIncorrect - Question 14 of 25
14. Question
This case presents the related questions whether a previously sentenced probationer is entitled to a {} when his probation is revoked and, if so, whether he is entitled to be represented by appointed counsel at such a hearing. Gagnon v. Scarpelli, 411 US 778 – Supreme Court 1973
CorrectIncorrect - Question 15 of 25
15. Question
This passage and other references throughout the opinion to “questioning” might suggest that the Miranda rules were to apply only to those police interrogation practices that involve {} questioning of a defendant while in custody. Rhode Island v. Innis, 446 US 291 – Supreme Court 1980
CorrectIncorrect - Question 16 of 25
16. Question
If Congress has explicitly left a gap for the agency to fill, there is an {} delegation of authority to the agency to elucidate a specific provision of the statute by regulation. Chevron USA Inc. v. Natural Resources Defense Council, Inc., 467 US 837 – Supreme Court 1984
CorrectIncorrect - Question 17 of 25
17. Question
Lawrence argues that even greater anomalies result from our interpretation when the state court grants relief to a prisoner and the state petitions for {}. Lawrence v. Florida, 549 US 327 – Supreme Court 2007
CorrectIncorrect - Question 18 of 25
18. Question
We granted {}, and now reverse and remand for further proceedings. Jimenez v. Quarterman, 555 US 113 – Supreme Court 2009
CorrectIncorrect - Question 19 of 25
19. Question
This conclusion rests on the premise, common to both systems, that the relevant sentencing rules are {} and impose binding requirements on all sentencing judges. United States v. Booker, 543 US 220 – Supreme Court 2005
CorrectIncorrect - Question 20 of 25
20. Question
Exhaustion is no longer left to the discretion of the district court, but is {}. Woodford v. Ngo, 548 US 81 – Supreme Court 2006
CorrectIncorrect - Question 21 of 25
21. Question
The {} power to grant a new trial should be exercised only in the exceptional case in which the evidence weighs heavily against the conviction. State v. Thompkins, 78 Ohio St. 3d 380 – Ohio: Supreme Court 1997
CorrectIncorrect - Question 22 of 25
22. Question
The district court’s decision whether to enter a default judgment is a {} one. Aldabe v. Aldabe, 616 F. 2d 1089 – Court of Appeals, 9th Circuit 1980
CorrectIncorrect - Question 23 of 25
23. Question
Both of these provide access to a federal forum for claims of {} treatment at the hands of state officials, but they differ in their scope and operation. Heck v. Humphrey, 512 US 477 – Supreme Court 1994
CorrectIncorrect - Question 24 of 25
24. Question
The question presented is whether a federal court should consider, in ruling on a petition for habeas corpus relief filed by a state prisoner, a claim that evidence obtained by an {} search or seizure was introduced at his trial, when he has previously been afforded an opportunity for full and fair litigation of his claim in the state courts. Stone v. Powell, 428 US 465 – Supreme Court 1976
CorrectIncorrect - Question 25 of 25
25. Question
In light of the plurality opinion’s discussion of “the stare decisis effect of Justice STEVENS’ opinion,” ante, at 2031, it must be noted that five {} agree with the position taken by Justice STEVENS on the matter discussed in the preceding sentence of the text. US v. Santos, 553 US 507 – Supreme Court 2008
CorrectIncorrect