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Constitutional Law
Q:
To bring a case or to argue a legal issue in court, one must have an actual interest in the matter of dispute, which is called:
a. standing
b. ripeness
c. mootness
d. jurisdiction
Q:
The following statements are true about both torts and crimes, except:
a. Both could result from the same single act.
b. Both differ by who is considered the victim.
c. Both must be heard separately by the court(s).
d. Both are subject to the same standard of proof in court.
Q:
Since the ratification of the Bill of Rights more than 7,000 amendments have been proposed in Congress. Of those, the number that have been successfully ratified is:
a. 53
b. 115
c. 700
d. 17
Q:
Which of the following is not an officer of the court?
a. Sheriff
b. Judge
c. Lawyers
d. Plaintiff
Q:
Statutory law can also be referred to as:
a. case law
b. codified law
c. common law
d. canonized law
Q:
The Constitution ensures individual liberty by:
a. limiting government power.
b. giving the government enough power to protect the innocent.
c. giving individuals the freedom to decide.
d. restricting the authority of state governments to enforce the law.
Q:
The number of U.S. Courts of Appeals in the federal court system is:
a. 4
b. 12
c. 52
d. 94
Q:
American law is considered a living law because:
a. it can change as society changes.
b. it can never be rescinded or cancelled.
c. once a law is passed, it stands forever.
d. there are no constraints on its application or interpretation.
Q:
Common law was:
a. that which applied to the common people, not to those in the upper echelon of society.
b. set forth in well-documented codes.
c. established by early English and Roman rulers.
d. based on customs and traditions followed throughout England.
Q:
Law does all of the following, except that it does not:
a. respond to the perceived needs of the society it serves.
b. define unacceptable behavior.
c. establish consequences for unlawful behavior.
d. provide justice for all.
Q:
Marx regarded punishment as a way to:
a. provide social solidarity.
b. control the lower class.
c. limit the power and influence of the upper class.
d. exact revenge.
Q:
The standard of proof required in a civil case is:
a. more stringent than that required in a criminal case.
b. the same as that required in a criminal case.
c. a preponderance of the evidence.
d. proof beyond a reasonable doubt.
Q:
States' penal codes contain:
a. Civil laws
b. Criminal laws
c. Codified laws
d. common law
Q:
Those who are not party to a legal action but who still have an interest in the case may:
a. subpoena the judge to have their testimony heard.
b. file a writ of certiorari with the court and enter themselves as a "hostile" witness.
c. submit an amicus brief arguing their perspective, although such briefs are considered only at the pleasure of the court.
d. not do anything--only those who are directly party to the legal action may address the court.
Q:
The place where a specific case may come to trial and the area from which the jury is selected is known as:
a. voir dire
b. jurisdiction
c. district
d. venue
Q:
The concept that courts will continue to rely on prior cases to ensure consistency in the law is called:
a. original jurisprudence.
b. lex talionis
c. stare decisis.
d. venue.
Q:
A basic purpose of the American legal system is to:
a. remove power from the government.
b. develop a living law.
c. ensure fairness in balancing individual and societal rights and needs.
d. create a system that, while not perfect, is the best in the world.
Q:
If the United States Supreme Court did not have the authority to rule that acts of the President of the United States or the United States Congress were inconsistent with the Constitution, do you think the government would run more smoothly? Do you think the government would run more fairly? Explain your answers to both questions.
Q:
There had been 27 Amendments to the United States Constitution. If you could draft the 28th Amendment, what would it be? Why do you think this Amendment is necessary? Does it conflict with any other Amendments?
Amendments after the Bill of Rights can be found at http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html.
Q:
In 1791, the first 10 Amendments to the United States Constitution were passed to guarantee individual rights. Which of these Amendments do you feel is most important? Which of these Amendments is least important? Justify your answers.
Q:
The Constitution established a balance of power between the federal government and the states, as well as between the three branches of government (legislative, judicial, and executive). Which is more important, the balance between federal and state authority or the balance between the three branches of government? Explain your answer.
Q:
How do you think omission of slavery from the United States Constitution impacted the history of the United States?
Q:
The Great Compromisea. gave a proportionate vote to each state in the House. b. gave each state an equal vote in the Senate.c. differed from the New Jersey Plan. d. all of the above.
Q:
At the Constitutional Convention of 1787, delegates elected to preside over the meetings. a. Thomas Payneb. Alexander Hamilton c. George Washington d. Thomas Jefferson
Q:
The Magna Carta established the supremacy of the law over the ruler and a. established a court system in the American colonies.b. took the place of the Articles of Confederation. c. reestablished the monarchy in Canada.d. guaranteed English feudal barons individual rights and due process.
Q:
The Articles of Confederation did not empower Congress to a. regulate trade.b. levy taxes.c. establish a court system. d. all of the above.
Q:
In 1777, the delegates of the Second Continental Congress created a governmental model for the new country with thea. Declaration of Independence. b. Magna Carta.c. Articles of Confederation. d. Bill of Rights.
Q:
The 56 signers of the Declaration of Independence were all honored at a special ceremony on July 4, 1785. a. Trueb. False
Q:
The opening paragraph of the Articles of Confederation explains why the Articles were issued, that is, the compelling necessity for the colonists to break their political ties with Great Britain.
a. True
b. False
Q:
The Second Continental Congress named George Washington the commander of the Continental Army. a. Trueb. False
Q:
The Second Continental Congress resulted in the first written agreement among the colonies to stand together in resistance against Britain.
a. True
b. False
Q:
In general, those colonists who opposed boycotting British goods in 1774 were known as Patriots or rebels. a. Trueb. False
Q:
The First Continental Congress met in 1774 in the city of _____.
Q:
Great Britain believed the American colonies should share any expenses of the battles fought in North America against the French, so Parliament passed the _____ in 1765.
Q:
In 1775, _____ of the colonists were English.
Q:
_____refers to a society in which distinct ethnic, religious, or cultural groups coexist.
Q:
A _____ is a system of basic laws and principles that establishes the nature, functions, and limits of the government or other institution.
Q:
Explain the problem of dual sovereignty of the federal and state governments and how it was resolved.
Q:
Explain the role of the Magna Carta in framing the U.S. Constitution.
Q:
Describe the purposes and accomplishments of the two Continental Congresses.
Q:
Discuss some states' reluctance to accept the Constitution and how it was remedied.
Q:
Explain the primary purpose of the Constitution and how it is achieved.
Q:
The term refers to the interaction and assimilation that occurred over time among the colonists.
Q:
The Amendment concerns the right to privacy and security and forbids the government or its agents from searching individuals, their homes or their personal possessions or from seizing them unless the government has "probable cause" to believe that a crime has been committed.
Q:
The Amendment prohibits the government from housing soldiers in private homes in peacetime without the owner's consent.
Q:
The Amendment prohibits excessive bail, excessive fines and cruel and unusual punishment.
Q:
England's historic , a precedent for democratic government and individual rights, played an important role in the framing of the United States Constitution.
Q:
In the supremacy clause, the declared itself to be the supreme law of the land.
Q:
The Amendment states: "TheenumerationintheConstitutionofcertainrightsshallnot beconstruedtodenyor disparageothersretainedbythepeople,"thus answering the objections of those who thought that naming some rights but not all might result in the government's claiming more power than was intended.
Q:
Freedom of religion, speech and the press is contained in the Amendment.
Q:
The was established vertically through the separation of power between the federal government and the states, and laterally through the three branches of government.
Q:
The right of the people to "keep and bear arms" is contained in the Amendment.
Q:
The balance of power was established by creating three separate branches of government, all of which work completely independently of each other.
a. True
b. False
Q:
Cultural and ethnic diversity has always been an attribute of America.
a. True
b. False
Q:
The Constitution was signed in Philadelphia on July 4, 1776.
a. True
b. False
Q:
The Articles of Confederation established a Congress to conduct the necessary tasks of a central government.
a. True
b. False
Q:
As a result of the Boston Tea Party, British Parliament restricted town meetings in American colonies to one a year and required British troops to be housed in private homes.
a. True
b. False
Q:
The Constitution did not abolish slavery, an error that was rectified in the Bill of Rights.
a. True
b. False
Q:
Constitutionalism is one of the most original, distinctive contributions of the American system of government.
a. True
b. False
Q:
Laws are enforced through punishment.
a. True
b. False
Q:
Laws of the United States may only originate in the House of Representatives
a. True
b. False
Q:
The Federalists, who favored a strong central government, were challenged by the Anti-Federalists, who advocated against the creation of any type of central government.
a. True
b. False
Q:
Opponents of the death penalty most frequently cite which Amendment's prohibition against cruel and unusualpunishment?a. Fifth Amendment b. Sixth Amendmentc. Fourth Amendment d. Eighth Amendment
Q:
The Amendment that contains the famous due process clause, "nor shall any person be deprived of life, liberty, or property without due process of law," is the:a. Fifth Amendment b. Sixth Amendmentc. Fourth Amendment d. Eighth Amendment
Q:
The Amendment that guarantees the right against unreasonable searches and seizures is the:a. Fifth Amendment b. Sixth Amendmentc. Fourth Amendment d. Eighth Amendment
Q:
Of the following, the one that permits the U. S. Supreme Court to become the ultimate decision maker in whether laws and actions of government circumvent the Constitution and invalidate them if they do so, is/are the:a. Bill of Rights b. Articles of Confederationc. Supremacy Clause d. Quartering Act
Q:
The Amendment which requires a grand jury indictment in felony cases, prohibits double jeopardy and provides the right against self-incrimination is the:a. Fifth Amendment b. Eighth Amendmentc. Sixth Amendment d. Fourth Amendment
Q:
The Amendment which describes the requirements for a fair trial, including the right of the accused to a speedy and public trial, an impartial jury, to be advised of the charges against them, to confront witnesses against them and to be represented by a lawyer is the.a. Fifth Amendment b. Eighth Amendmentc. Sixth Amendment d. Fourth Amendment
Q:
Who said, "Forbid it, Almighty GodI know not what course others may take, but as for me, give me liberty, or give me death!"a. Samuel Adams. b. Paul Revere.c. Patrick Henry. d. George Washington.
Q:
The Boston Tea Party was not:a. a demonstration of the unwillingness of the colonists to pay taxes to Great Britain without representation.b. an act of protest against British rule over the colonies.c. the culmination of growing resentment towards Parliament for passage of laws such as the Stamp and Quartering Acts.d. a formal meeting between British and colonial officials to establish a trade agreement.
Q:
When the Articles of Confederation were drafted, the number of independent states in the Union was:a. 7 b. 9c. 11 d. 13
Q:
Pluralism refers to:
a. a society in which numerous distinct ethnic, religious or cultural groups coexist within one nation, each contributing to the society as a whole.
b. the combination of constitutional, statutory and common law.
c. a single act being classified as both a crime and a tort.
d. a society in which numerous distinct ethnic, religious or cultural groups maintain their individual beliefs and form of government.
Q:
The Great Compromise was:
a. another term for the Constitution.
b. the foundation of the Bill of Rights.
c. the agreement that gave each state an equal vote in the Senate and a proportionate vote in the House.
d. the purchasing agreement made for most of the Indian land west of the Mississippi River.
Q:
In 1774, the First Continental Congress accomplished all of the following, except:
a. defining the rights of the colonists and outlining violations of these rights by the British government.
b. addressing American grievances to King George and calling for restoration of rights.
c. calling for a boycott of British goods until demands were met.
d. formally severing ties with Great Britain.
Q:
The following are true of the Legislative Branch of the United States government, except:
a. it passes laws but has no power to enforce them.
b. it is comprised of the House and Senate.
c. it can enter into treaties with other nations.
d. it regulates interstate and international commerce.
Q:
Membership in which of the following is based on state populations?a. Senate b. House of Representativesc. State Judiciary d. Constitutional Convention
Q:
According to the text, pluralism challenged the colonists to:
a. strive to maintain their original culture.
b. exercise tolerance and respect for the opinions, customs, traditions and lifestyles of others.
c. band together in self-defense.
d. combine English and Roman common law with Native American customary law.
Q:
The famous supremacy clause, declaring the "Supreme Law of the Land," is contained in:
a. the Declaration of Independence.
b. the First Amendment to the Bill of Rights.
c. Article 6 of the Constitution itself.
d. the Great Compromise.
Q:
The necessary and proper clause, establishing the authority of the federal government to address national issues, was addressed by the Supreme Court in:a. Marbury v. Madison b. McCulloch v. Marylandc. Gibbons v. Ogden d. Adams v. Hamilton
Q:
The Articles of Confederation formally pledged the states to:a. a unified tax structure. b. a perpetual union.c. the formation of the Confederate Army. d. maintain a centralized government.