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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: "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people," 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.
Q:
Cultural and ethnic diversity has always been an attribute of America.
Q:
The Constitution was signed in Philadelphia on July 4, 1776.
Q:
The Articles of Confederation established a Congress to conduct the necessary tasks of a central government.
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.
Q:
The Constitution did not abolish slavery, an error that was rectified in the Bill of Rights.
Q:
Constitutionalism is one of the most original, distinctive contributions of the American system of government.
Q:
Laws are enforced through punishment.
Q:
Laws of the United States may only originate in the House of Representatives
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.
Q:
Opponents of the death penalty most frequently cite which Amendment's prohibition against cruel and unusual punishment?
a. Fifth Amendment
b. Sixth Amendment
c. 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 Amendment
c. Fourth Amendment
d. Eighth Amendment
Q:
The Amendment that guarantees the right against unreasonable searches and seizures is the:
a. Fifth Amendment
b. Sixth Amendment
c. 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 Confederation
c. 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 Amendment
c. 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 Amendment
c. 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. 9
c. 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 Representatives
c. 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. Maryland
c. 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.
Q:
The branch of government is authorized to declare war is the:
a. executive branch
b. legislative branch
c. judicial branch
d. military branch
Q:
What serious omission occurred in the Bill of Rights?
a. it failed to provide recourse for violations by the federal government.
b. it failed to ensure state sovereignty.
c. it failed to abolish slavery.
d. it failed to provide the right to privacy.
Q:
The Constitution and Bill of Rights are housed at:
a. the Smithsonian museum.
b. the National Archives.
c. the White House.
d. the Supreme Court Building.
Q:
Balancing the rights of the states and individual citizens against the power of the central government was the purpose of the:
a. Bill of Rights
b. Articles of Confederation
c. first three Articles of the Constitution
d. Great Charter
Q:
American law is:
a. entirely original, having no roots in any previous legal system.
b. designed to resist changes.
c. influenced by the laws of the societies that helped found America.
d. based solely on the Napoleonic Code.
Q:
The first written agreement among the colonies to stand together in resistance to Great Britain was:
a. a result of the First Continental Congress.
b. a result of the Second Continental Congress.
c. known as The Federalist Papers.
d. the Mayflower Compact.
Q:
The Magna Carta was an important prelude to the U.S. Constitution because it. :
a. guaranteed due process and limited government power.
b. provided the inspiration for the Great Compromise.
c. was based upon the separation of powers between branches of government.
d. ensured that there would be no monarchy in the United States.
Q:
The Second Continental Congress resulted in all of the following, except:
a. the naming of George Washington as Commander of the Continental Army.
b. the battles at Lexington and Concord.
c. instructing each colony to assume the powers of independent states.
d. the signing of the Declaration of Independence.
Q:
The primary reason some states were reluctant to accept the Constitution was:
a. It failed to establish a balance of power.
b. It failed to abolish slavery.
c. It did not contain a bill of rights.
d. It did not allow smaller states adequate representation in the national government.
Q:
The second paragraph of the Declaration of Independence stated that a government's right to rule is based upon:
a. the obligation of the wealthy to provide for those less fortunate.
b. permission from the people who are governed.
c. the need for a strong centralized government on American soil.
d. the Magna Carta's guarantee that rulers shall not place themselves above the law.
Q:
The Magna Carta was created:
a. to ensure that states maintained power apart from the national government.
b. to outline colonists' complaints against the British crown.
c. in England to guarantee that the king could not put himself above the law.
d. by British Parliament in protest of the U.S. Declaration of Independence.
Q:
Formal ties between Great Britain and the United States were severed:
a. when the American Declaration of Independence was signed.
b. when the colonists boarded British ships and threw tea overboard.
c. through the drafting of the Magna Carta.
d. at the meeting of the First Continental Congress.
Q:
The most commonly used method of execution today is the electric chair.
Q:
When a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony, it is a __________________.
Q:
To get a conviction on a hate crime, the prosecutor must:
a. prove the defendant committed the underlying crime and was motivated by bias by a preponderance of the evidence.
b. prove the defendant committed the crime beyond a reasonable doubt and that the defendant was motivated by bias by a preponderance of the evidence.
c. prove that the defendant committed the crime beyond a reasonable doubt to the jury and prove bias motivation by a preponderance of evidence to the satisfaction of the judge.
d. prove that the defendant committed the crime beyond a reasonable doubt to the jury and prove bias motivation beyond a reasonable doubt to the judge.
e. prove that the defendant committed crime and was motivated by bias beyond a reasonable doubt to the jury.
Q:
A trial that is divided into two phases - one in which guilt or innocence is determined, and a second in which punishment is set - is called a bilateral trial.
Q:
When a person retracts his or her testimony, it is called ______________.
Q:
Which of the following cannot be the motivation for a hate crime?
a. The victim's race
b. The victim's gender
c. The clothes the victim is wearing
d. The victim's age
e. The victim's political affiliation
Q:
The founding fathers never intended for us to use the death penalty as a form of punishment for criminal behavior. We believe this because there is no mention of the death penalty in the actual text of the Constitution.
Q:
The Common Law rule that requires two witnesses to testify to another's perjury in order for a conviction to take place is ______________ .
Q:
Which of the following is NOT an example of assault?
a. The perpetrator attempts to cause or knowingly, recklessly, or intentionally causes bodily injury to another.
b. The perpetrator negligently causes bodily injury to another with a deadly weapon.
c. The perpetrator attempts by physical menace to place the victim in fear of imminent serious bodily injury.
d. The perpetrator brandishes an unloaded gun, but the victim believes it is loaded.
e. A person hits you in the mouth before you ever see it coming.
Q:
Because punishments are considered cruel and unusual based on the "evolving standards of decency that mark the progress of a maturing society" what is acceptable today may be unacceptable tomorrow.
Q:
Convincing or seeking to convince another person to commit perjury is _______________.
Q:
Which of the following is NOT true about armed robbery?
a. The federal mandatory minimum sentence for armed robbery is five years.
b. The federal mandatory minimum sentence for armed robbery when the gun is brandished is seven years.
c. The federal mandatory minimum sentence for armed robbery when a gun is discharged is ten years.
d. If an armed robber wounds someone in the course of a robbery, he must be sentenced to life in prison.
e. Carrying a weapon during an armed robbery is proof of intent.
Q:
A punishment meets the definition for "cruel and unusual" if it involves unnecessary infliction of pain.
Q:
Under RICO, the government cannot be a corrupt organization.
Q:
Which is NOT an element of the crime of robbery?
a. The taking and carrying away of property of another
b. The reselling of the property by the robber
c. The intent to steal the property
d. Property taken from the person or in the presence of the person
e. The use of force or threat of imminent force
Q:
Cruel and unusual punishment is prohibited by the Sixth Amendment.
Q:
Under RICO, a sole proprietorship cannot be a corrupt organization
Q:
Assault:
A) can be either the fear of imminent harm or actual physical harm.
B) always requires physical harm.
C) always requires fear of imminent harm.
D) none of the above
E) both A and B
Q:
What happens to a prisoner if he is not executed due to an equipment malfunction?
A) His execution is rescheduled for a time when the equipment is working properly.
B) His sentence is commuted to life in prison.
C) He is released.
D) The technician responsible for the failure is executed in his place.
E) none of the above
Q:
Under RICO, a partnership cannot be a corrupt organization.
Q:
Discuss the challenges states that charge a DNA profile with a crime will face in meeting the standards the Supreme Court requires to satisfy the confrontation clause.
Q:
Punishments under the Bloody Code in 18th Century England included:
A) bloody public executions.
B) prison.
C) transportation.
D) extended torture.
E) A, B, and C
Q:
Under RICO, corporations can be corrupt organizations.
Q:
Explain how rape laws have changed over the last 200 years.
Q:
Sex offender registration:
A) has been held to be an ex post facto law.
B) in some states involves lifetime monitoring via a GPS device.
C) in some states involves lifetime video surveillance.
D) is part of a vast conspiracy to keep the American population in a permanent state of terror.
E) is being phased out.
Q:
Duress is a defense to escape.
Q:
Explain the mistake of age defense to statutory rape.