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This test consists of 5 multiple choice questions, 5 short answer questions, and 10 short essay questions.

Multiple Choice Questions

1. Who is the law student who works on research for Fortas?
(a) John Hardeson.
(b) John Hart Ely.
(c) Michael Collins.
(d) James Milligan.

2. 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) Under the special circumstances rule.
(c) Because this is America.
(d) Until proven guilty.

3. Which of the following is true of Gideon's case?
(a) All of these.
(b) A senior partner of the firm did the majority of the writing for the brief.
(c) He had a large, established firm on his side.
(d) Expensive attorneys spent many hours in research.

4. Gideon is perceived to be intelligent but ______________.
(a) Uneducated.
(b) Shifty.
(c) Immoral.
(d) Lazy.

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

Short Answer Questions

1. Alabama's brief declares that ___________________ is more likely to be acquitted.

2. What is the formal name of Gideon's Supreme Court case?

3. Attorneys should view questions as _______________________.

4. What would be the benefit of a public defender's office?

5. Which law school does John Hart Ely attend?

Short Essay Questions

1. What are a couple reasons that the Supreme Court works so well in terms of independent thinking?

2. What is Jacob's opinion on the retroactive element of any law which may evolve from Gideon's Supreme Court case?

3. What is State Judge Walter V. Schaefer's reasoning on why the right to an attorney is greater than all other rights?

4. What is the impact of the Gideon ruling regarding getting support for attorneys who are appointed to criminal cases?

5. Why is Gideon's Supreme Court case called Gideon vs. Wainwright?

6. Who is Bruce Robert Jacob and what is his role in Gideon's Supreme Court trial?

7. What could be the reason that the Supreme Court Justices selected Fortas to represent Gideon?

8. How do Fortas and Jacob differ in their perceptions of Supreme Court procedure?

9. What embarrassing statement does Jacob make in dialogue regarding Gideon representing someone else in court?

10. How could Gideon vs. Wainwright overthrow the Betts vs. Brady decision that was enacted just 20 years prior?

(see the answer keys)

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