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This test consists of 15 multiple choice questions and 5 short answer questions.

Multiple Choice Questions

1. What "stupid answer" does Jacob give in response to a Justice?
(a) He did not realize that he would be questioned on some of these issues.
(b) The Justices have not done their due diligence in the case.
(c) Gideon did the crime and he has to do the time.
(d) A judge would not object to a lay person representing someone else.

2. What is the main reason a defendant does not have an attorney?
(a) He cannot afford one.
(b) He thinks he can do fine on his own.
(c) He is tried before he knows what is going on.
(d) He doesn't understand the gravity of his situation.

3. Overall, the courts deal with ____________ while the legislature deals with abstraction in large numbers.
(a) Retarded people.
(b) Lifetime criminals.
(c) Indigents.
(d) Individuals.

4. Who writes a legal brief in support of Gideon after Walter Mondale's letter is circulated?
(a) General Gerald A. Berlin.
(b) General Johnson Hall.
(c) General Dwight Eisenhower.
(d) General George Patton.

5. Which of the following is an indigent person unable to afford that a rich defendant can?
(a) Other defense methods.
(b) All of these.
(c) Psychiatric evaluations.
(d) Bail.

6. Jacob contends that the basis for his case is about _________________, not an attorney.
(a) States' rights.
(b) The Fourteenth Amendment.
(c) The Attorney General.
(d) The Constitution.

7. Alabama's brief declares that ___________________ is more likely to be acquitted.
(a) A retarded person.
(b) An indigent without counsel.
(c) An indigent with counsel.
(d) A first-time offender.

8. Which of the following is NOT a Justice seated during Gideon's Supreme Court case?
(a) Daniel Ellsberg.
(b) Earl Warren.
(c) Arthur J. Goldberg.
(d) John Marshall Harlan.

9. Why did Jacob only have evenings and weekends to devote to the states' case against Gideon?
(a) He was still going to law school.
(b) He had a corporate job during the week.
(c) He had to care for an ailing parent.
(d) He worked full time at a law office.

10. For how long are Supreme Court Justices on the bench?
(a) Four year terms.
(b) Two year terms.
(c) Lifetime terms.
(d) Ten year terms.

11. The Justice makes the point that all the prisoners currently jailed without counsel were entitled to an attorney ________________________.
(a) Whether they wanted one or not.
(b) Because this is America.
(c) Under the special circumstances rule.
(d) Until proven guilty.

12. Who replaces Justice Frankfurter when he retires?
(a) Justice Arthur Goldman.
(b) Justice Alan Ginsburg.
(c) Justice Avery Gillette.
(d) Justice Arthur Goldberg.

13. How does Gideon describe Fortas' legal brief about the case?
(a) A masterpiece.
(b) Brilliant document.
(c) A Godsend.
(d) Truly inspiring work.

14. Why does the right to an attorney issue become even greater on the state level?
(a) There are judges who want to rule on a case-by-case basis.
(b) The states resist the change.
(c) There are more intellectually challenged defendants.
(d) There are more indigent defendants.

15. In the Betts vs. Brady case in 1942, in what state did Smith Betts live?
(a) Ohio.
(b) Maryland,
(c) Montana.
(d) Virginia.

Short Answer Questions

1. Attorneys should view questions as _______________________.

2. Most prisoners currently jailed without the benefit of an attorney do not have which of the following characteristics that Gideon possesses?

3. Who had complete control over deciding who would represent Gideon?

4. What is the name of another case in Florida that is similar to Gideon's regarding right to an attorney?

5. Lawyers appearing before the Supreme Court should present facts as opposed to ________________.

(see the answer keys)

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