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

Multiple Choice Questions

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

2. What do some people at the state level want to see implemented?
(a) A public defender's office.
(b) A lottery to decide who takes a case.
(c) Another appellate court.
(d) Mandatory attorney representation.

3. Walter Mondale of Minnesota wrote to Jacob that all __________________ should have a lawyer.
(a) Accused people.
(b) Indigents.
(c) People.
(d) Felony defendants.

4. Under the Betts rule, who is required to have an attorney?
(a) An innocent person.
(b) A guilty person.
(c) An indigent person.
(d) A person of low intelligence.

5. What does Abe Fortas think would be the best way for the Justices to understand Gideon's case?
(a) They should go to criminal court and watch a defendant try to defend himself.
(b) They should listen to interviews of inmates.
(c) They should talk to local judges.
(d) They should read Gideon's trial transcripts.

6. 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.

7. What did retired Justice Frankfurter say about Gideon vs. Wainwright?
(a) He thought it was a step back for America.
(b) He would have voted in favor of it.
(c) He declined to comment.
(d) He would not have voted for it.

8. Which of the following happens to legal services when appointed attorneys are not compensated?
(a) They are hasty.
(b) All of these.
(c) They are inept.
(d) They are perfunctory.

9. Why was the Betts case able to prevail in 1942?
(a) People were more concerned about going to war.
(b) There was no Supreme Court then.
(c) America wasn't ready for the tenets of Gideon vs. Wainwright at that time.
(d) The Civil Rights Law was not voted in.

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

11. What can a lay person not be expected to know?
(a) Attorney phone numbers.
(b) Legal fees.
(c) Points of law.
(d) Supreme Court Justices.

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

13. Which organization submits a brief in support of Gideon's petition?
(a) The Democratic Party.
(b) The NAACP.
(c) The Harvard Law School.
(d) The American Civil Liberties Union.

14. What do some attorneys consider oral arguments to be?
(a) A formality.
(b) An imperative.
(c) A waste of time.
(d) A nuisance.

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

Short Answer Questions

1. One of the Justices asks Jacob if he believes all the prisoners currently jailed without benefit of an attorney are __________________.

2. For how long are Supreme Court Justices on the bench?

3. What is the next issue following the Supreme Court's ruling in Gideon's favor?

4. George Mantz of ____________ admits that his state's courts could soon follow the trend to appoint attorneys in all cases.

5. How does Gideon describe Fortas' legal brief about the case?

(see the answer keys)

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