Chapter 1 Constitutional Law CJC-231

The ____________ was established vertically, through the separation of power between the federal government and the states, and laterally, through the three branches of government.

Balance of power

In the Supremacy Clause, the ____________ declared itself to be the supreme law of the land.

Constitution

a belief in a government in which power is distributed and limited by a system of laws that must be obeyed by those who rule is known as ____________.

Constitutionalism

____________ are statements by a court that do not deal with the main issue in the case, or are additional discussions by the court.

Dicta

The ____________ Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Eighth

T/F An act must be distinguished as either a crime or a tort; it cannot be both.

False

T/F Clerks of court are responsible for keeping the courtroom proceedings orderly and dignified.

False

T/F Contrary to popular belief. the Declaration of Independence neither proclaimed independence nor listed actions the new United States of America could take as a country.

False

T/F A paradigm is a boundary or parameter that outlines a rule and is based in experience.

True

T/F After a person is charged with an offense -civil or criminal- sides are drawn, with the accusing side having the burden of proof to establish guilt.

True

T/F Cultural and ethnic diversity has always been an attribute of America.

True

Who of the following did not sign the U.S. Constitution? a. George Mason. b. John Jay. c. Alexander Hamilton. d. James Madison.

a. George Mason.

The number of the U.S. Courts of Appeal in the federal court is: a. 4. b. 13. c. 52. d. 94.

b. 13.

Which model maintains that, despite factual guilt, a person cannot be held legally of a crime unless the rules of criminal procedure are followed? a. the crime control mode. b. the due process model. c. the constitutional model. d. the common law mode.

b. the due process model.

When a court decision would have no practical effect, a case is apt to be dismissed for: a. standing. b. ripeness. c. mootness. d. jurisdiction

c. mootness.

As a term in American law, common law is synonymous with ____________ law.

case

Common law: a. applied to the common people, not to those in the upper echelon of society. b. was set forth in well-documented codes. c. was established by early English and Roman rulers. d. was based on customs and traditions followed throughout England.

d. was based on customs and traditions followed throughout England.

Colonist who supported the boycott of British goods in the colonies were known as ____________, because they vowed allegiance to America rather than to the British monarchy.

patriots

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 the 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.

A. a society in which numerous distinct ethnic, religious, or cultural groups coexist within one nation, each contributing to the society as a whole.

The colonist who bought British goods against the boycott were branded: A. loyalist B. harborers. C. rebels D. patriots.

A. loyalist

____________ describes the authority of court to review cases and to either affirm or reverse the actions of a lower court.

Appellate jurisdiction

The Proclamation of 1763, signed by King George III, was significant to the colonies because: A. It ended the reign of King George III as ruler of Britain. B. It ended westward expansion of the colonies and placed them under military rule. C. It began westward expansion of the colonies, eventually leading to the demise of Native American. D. It led to the appointment of George Washington to his first political post in the colonies.

B. It ended westward expansion of the colonies and placed them under military rule.

According to the text, pluralism challenged the colonists to: A. Strive to maintain their original culture. B. exercise tolerance and respect for the opinion, customs, traditions, and lifestyles of others. C. Band together in self-defense. D. combines English and Roman common law with Native American customary law.

B. exercise tolerance and respect for the opinion, customs, traditions, and lifestyles of others.

The ____________ was an event orchestrated by colonist, who boarded British ships and threw the cargo into the harbour, because of an unwillingness to pay taxes without representation.

Boston Tea Party

Over-Representation of racial and ethnic minorities in arrest, prosecution, imprisonment, and capital punishment, as both the product of inequality and an expression of prejudice against minorities, may be explained by ____________ theory.

Conflict.

The Boston Tea Part was all of the following except: A. a demonstration of the unwillingness of the colonist 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 the passage of laws such as the Stamp and Quartering Acts. D. a formal meeting between British and colonial officials to establish a trade agreement.

D. a formal meeting between British and colonial officials to establish a trade agreement.

T/F Each state has its own federal circuit of appeals.

False

T/F In regard to court terminology: adults are directed to appear in court by a petition, while juveniles are directed to appear in court by an information or indictment.

False

T/F Judges are now elected in all 50 states.

False

T/F Laws of the United States may only originate in the House of Representatives.

False

T/F The Constitution was signed in Philadelphia on July 4, 1776.

False

T/F The Federalist, who favored a strong central government, were challenged by Anti-Federalist, who advocated against the creation of any type of central government.

False

T/F The First Continental Congress met in Trenton, New Jersey, on December 19, 1771- one of the coldest winter on record.

False

T/F The balance of power was established by creating three separate branches of government, of which work completely independently of each other.

False

T/F The doctrine of Stare decisis firmly prevents the law from changing or reconsidering itself on matters in which undesirable law results.

False

T/F The original Declaration of Independence had 76 signees, which did not include George Washington or Thomas Jefferson.

False

Since the Bill of rights was ratified in 1791, only 17 amendments have been ratified including the ____________ Amendment, which ensured the right to vote regardless of race.

Fifteenth

Freedom of religion, speech and the press is contained in the ____________ Amendment.

First

The ____________ Amendment concerns the right to privacy and security, and it forbids the government or its agent from searching individuals, their homes, or their personal possessions, or from seizing them, unless the government has "probable cause" to believe a crime has been committed.

Fourth

The agreement reached in drafting the U.S. Constitution, which gave each state an equal vote in the Senate and a proportionate vote in the House, was known as the ____________.

Great Compromise

More than 100 years ago, separate juvenile justice system was created in the United States through the passage of the ____________ of 1899.

Illinois Juvenile Court Act

The president nominates Supreme Court Justices, but the ____________ branch confirms or denies the nomination.

Legislative

England's historic ____________, a precedent for democratic government and individual rights, played an important role in the framing of the United States Constitution.

Magna Carta

The Supreme Court addressed the Necessary and Proper Clause in the case of ____________ in 1819.

McCulloch v. Maryland

The term ____________ refers to the interaction and assimilation that occurred over time among the colonist.

Melting pot

The ____________ Amendments state: "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 though that naming some rights, but not all, might result in the government claiming more power than intended.

Ninth

Local jurisdictions, such as at the county or municipal level, may enact their own specific codes, often referred to as ____________.

Ordinances

____________ describes the authority of a court to hear cases first, try them, and them and render decisions.

Original Jurisdiction

To ____________ means to make law through legal process.

Promulgate

The constitution established the U.S. government as a ____________ not a democracy.

Republic

The right of the people to "keep and bear arms" is contained in the ____________ Amendment.

Second

Attempting to persuade individuals to ratify the Constitution, political leaders such as Alexander Hamilton, James Madison and John Jay wrote power collection of essays called ____________.

The Federalist Papers

The ____________, Amendment prohibits the government from housing soldiers in private homes in peacetime without owners' consent.

Third

T/F Article XI of the Articles of Confederation mentions allowing Canada to join and receive all of the same benefits as each state, if it agreed to the confederation.

True

T/F As a result of the Boston Tea Party, the British Parliament restricted town meetings in American colonies to one a year and required British troops to be housed in private homes.

True

T/F Constitutionalism is one of the most original, distinctive contributions of the American system of government.

True

T/F Definitions and development of the law.

True

T/F In the landmark case of Roper v. Simmons (2005), the execution of minors was held to violate the Eighth Amendment prohibition against cruel and unusual punishment.

True

T/F Laws are enforced through legal means.

True

T/F People who are not a party to the action may still have an interest, and they are permitted to submit amicus brief arguing their perspective.

True

T/F Regardless of the level of jurisdiction, a statutory law nay not violate the Constitution.

True

T/F The Articles of Confederation established a Congress to conduct the necessary tasks of a central government.

True

T/F The Durkheimian perspective saw punishemnt as revenge and as a means to restore and solidify the social order.

True

T/F The Stamp Act, passed in 1795, required stamps to be purchased and placed on legal documents (such as marriage licenses and wills) in the colonies.

True

T/F The U.S. Supreme Court's chief function is as an appellate court.

True

T/F The purpose of the Constitution was to establish a central government authorized to deal with individuals rather than states.

True

T/F Thomas Jefferson was selected to coordinate writing a formal announcement, which would become known as the Declaration of independence.

True

T/F To bring a case or to argue a legal issue in court, one must have standing (an actual interest in the matter of dispute).

True

T/F To claim Fourth Amendment protection, a defendant must demonstrate a personal expectation of privacy in the place searched and that this expectation is reasonable.

True

T/F the men who signed the Declaration of Independence were the elite of their colonies, men of wealth and social standing.

True

The court of last resort in most federal cases is the ____________.

U.S. Court of Appeals (circuit court)

In regard to the U.S. Constitution, Delaware is most known for: a. Being the first state to ratify the Constitution. b. being the only state to oppose the ratification of the Constitution. c. failing to send a delegate to represent the state. d. imposing the new "state rule," where individual states maintain power with no federal authority to oversee their survival

a. Being the first state to ratify the Constitution.

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.

a. Fifth Amendment.

The Amendment that 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.

a. Fifth Amendment.

The philosophy that is based on free, independent individuals agreeing to form a society and to give up a portion of their individual freedom to benefit the security of the group is generally known as: a. a social contract. b. communal well-being c. the federalist philosophy. d. natural law.

a. a social contract.

A geographic area in which a case may be heard is known as: a. a venue b. a concurrent jurisdiction. c. an original jurisdiction. d. a holding

a. a venue

A case with the caption United States v. Smith is most likely a: a. federal criminal case. b. civil case. c. class action suit. d. state appeal.

a. federal criminal case.

The standard of proof required in a civil case is: a. more stringent than that required in criminal case. b. the same as that required in a criminal case. c. a preponderance of the evidence. d. a state appeal.

a. more stringent than that required in criminal case.

The circumstances in which the police can stop people is governed by which type of law? a. procedural b. bureaucratic c. fundamental d. substantive

a. procedural

To bring a case or to argue a legal issue in court, a person must have an actual interest in the matter of dispute, which is called: a. standing b. ripeness. c. mootness. d. jurisdiction.

a. standing.

Often referred to as a court of appeals, what is the highest court on the state level? a. state supreme court b. district court c. intermediate appellate court d. state superior court

a. state supreme court

Formal ties between Great Britain and the United States were severed when: a. the American Declaration of Independence was signed. b. the colonists boarded British ships and threw tea overboard. c. the Magna Carta was drafted. d. the colonists met at the First Continental Congress

a. the American Declaration of Independence was signed.

The first written agreement among the colonies to stand together in resistance to Great Britain was the result of: a. the First Continental Congress b. the Second Continental Congress c. the Federalist Papers d. the colonist met at the First Continental Congress

a. the First Continental Congress

The legal system established in the United States is termed a(n) ____________ judicial system, because only in an actual conflict will a judicial body hear the case.

adversarial

Which pivotal court case granted the Supreme Court authority to review legislation to determine whether it is constitutional? a. Miranda v. Arizona b. Marbury v. Madison c. Roe v. Wade d. Minnesota v. Cater

b. Marbury v. Madison

The Constitution and the Bill of Rights are housed at the: a. American History Museum. b. National Archives Building. c. White House. d. Supreme Court Building.

b. National Archives Building.

Conduct prohibited by law simply because the person engaging the behavior is a minor is considered: a. a delinquent b. a status offense c. an infraction. d. a youthful offense.

b. a status offense

The vast majority of cases heard in U.S. District Courts are: a. criminal cases b. civil cases c. drug cases d. homeland security cases

b. civil cases

Statutory law can also be referred to as: a. case law. b. codified law. c. common law. d. canonized law.

b. codified law.

The principle that government should have power distributed, and be limited by a system of laws that must be obeyed by those who rule, is known as: a. constitutionalism. c. capitalism. d. communism.

b. confederalism

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.

b. control the lower class.

The Great Compromise was more important because it: a. allowed for a civil resolution to prisoner exchange after the Revolutionary War. b. gave each state an equal vote in the Senate and proportionate vote in the House. c. settled the nearly 10-month debate on who would become the first President of the United States. d. was the first time "freedom" was discussed in a formal document of the United States pertaining to slavery.

b. gave each state an equal vote in the Senate and proportionate vote in the House.

Andrew Johnson and Bill Clinton are the only two presidents of the United States to be: a. elected to a third term by executive order of congress. b. impeached. c. the president, and then serve as a member of Congress years later. d. assassinated in office.

b. impeached.

The juvenile justice system comprises which of the following components? a. intervention, courts and rehabilitation b. law enforcement, courts and corrections. c. intervention, adjudication, and punishment d. law enforcement, counseling and rehabilitation.

b. law enforcement, courts and corrections.

A court that is authorized to hear cases first, try them, and render decisions is known as a court of: a. primary jurisdiction. b. original jurisdiction. c. appellate jurisdiction. d. exclusive jurisdiction.

b. original jurisdiction.

The Second Continental Congress resulted on all the following, except: a. the naming George Washington as Commander of the Continental Army. b. the battles at Lexington and Concord. c. the instruction to each colony assumes the powers of independent states. d. the Mayflower Compact.

b. the battles at Lexington and Concord.

According to Article 1 of the Constitution, which branch of the government is authorized to "declare war"? a. executive branch b. the legislative branch. c. the judicial branch. d. the military branch.

b. the legislative branch.

In a civil case, the party bringing suit is represented by: a. the prosecutor. b. the plaintiff's lawyer. c. the defense attorney. d. the public defender's office.

b. the plaintiff's lawyer.

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.

c. Fourth Amendment.

The Amendment that describes the requirement for a fair trial- including the rights of the accused to a speedy and public trial, to an impartial jury, to be advised of the changes 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.

c. Sixth Amendment

A union of independent states, in which each state maintains sovereignty, is known as: a. an alliance. b. a league. c. a confederation. d. an amalgamation.

c. a confederation.

All of the following statement about constitutions are true, except: a. a constitution area system of fundamental laws and principles that prescribe the nature, functions, and limits of a government or other body. b. constitution are distinguished from ordinary acts of legislation, in that they are drafted by special assemblages and ratified by special convention s chosen by the people. c. constitution are supreme law and, therefore, can be annulled only by legislation. d. constitutionalism is one of the most original, distinctive contribution of the American system of government.

c. constitution are supreme law and, therefore, can be annulled only by legislation.

The 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.

c. ensure fairness in balancing individual and societal rights and needs.

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 the British Parliament, in protest of the U.S. Declaration of Independence.

c. in England, to guarantee that the king could not put himself above the law.

All of 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 compromises the House and the Senate. c. it can enter into treaties with other nations. d. it regulates interstate and international commerce.

c. it can enter into treaties with other nations.

According to the first three articles of the Constitution, what are the three branches of the American government? a. legislative, judicial, and correctional b. judicial, executive, and formative. c. legislative, judicial, and executive. d. formative, correctional, and legislative

c. legislative, judicial, and executive

Which of the following is not one of the three levels in both state and federal courts? a. trial courts b. appellate courts c. petitions courts d. courts of last resort

c. petitions courts

If the court decides to reman a case, in essence it has: a. overturned the decisions b. supported the decisions c. returned the case to the lower court. d. thrown the case out

c. returned the case to the lower court.

The concept that courts will continue to rely on prior cases to ensure consistency in the law called: a. original jurisprudence. b. lex talionis. c. stare decisis. d. venue

c. stare decisis.

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 "hostile" witness. c. submit an amicus brief arguing their perspectives, 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.

c. submit an amicus brief arguing their perspectives, although such briefs are considered only at the pleasure of the court.

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. the Constitution (Article 6). d. the Great Compromise.

c. the Constitution (Article 6).

Which of the following permits the U.S. Supreme Court to become the ultimate decision-maker in where the laws and actions of government circumvent the Constitution and, if so whether to invalidate them? a. the Bill of Rights. b. the Articles of Confederation. c. the Supremacy Clause. d. the Quartering Act

c. the Supremacy Clause.

While the opening paragraph of the Declaration of Independence was issued to break political ties with Great Britain the second paragraph declares that a government's right to rule is based on: a. the will of the King. b. the elected officials of the colonies. c. equal representation throughout the colonies.

c. the permission of the people who are governed.

The two main functions of the court are: a. to determine guilt or innocence and to interpret laws. b. to settle controversies and to review cases for legal improprieties. c. to settle controversies and to decide the rules of law that apply in the case. d. to determine guilt or innocence and apply appropriate sanctions.

c. to settle controversies and to decide the rules of law that apply in the case.

How many of the original signers of the Declaration of Independence went on to become President of the United States? a. zero. b. one. c. two. d. three.

c. two

Statutory law can also be referred to as ____________ because it is set forth in organized, structured codes (such as the U.S. Criminal Code or the criminal code of a specific state).

codified law

Early English judge-made law, based on customs and traditions that followed throughout the country, is known as ____________.

common law

The comparing and contrasting of laws to expand understanding of law and legal theory is known as ____________ law.

comparative.

Since the ratification of the Bill of Rights, how many amendments have been successfully ratified? a. 53 b. 115 c. 700 d. 17

d. 17

Opponents of the death penalty have most frequently cite the prohibition against cruel and unusual punishment in the: a. Fifth Amendment. b. Sixth Amendment. c. Fourth Amendment. d. Eighth Amendment.

d. Eighth Amendment.

Who is not considered an officer of the court? a. a sherif b. judge c. lawyer d. plaintiff

d. plaintiff

which of the following is not true of the adversarial judicial system? a. only actual conflicts will be heard by a count. b. "What if" questions will not be heard. c. Sides are drawn -accuser vs. accused- with one side challenged by the other. d. the accused has the burden of proof.

d. the accused has the burden of proof.

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. the jurisdiction. c. the district. d. the venue.

d. the venue.

For an amendment to the U.S. Constitution to be ratified, the percentage of state legislatures or special conventions that must agree is: a. one-fourth. b. one-half. c. two-thirds. d. three-fourths.

d. three-fourths.

Courts that may hear a wide range of cases have ____________ jurisdiction.

general

Courts with general jurisdiction may hear a wide range of cases, whereas those of ____________ jurisdiction hear a much narrower range of cases.

limited

Wrongs that disrupt the status quo of the community are called crimes, and criminal laws are found in each state's ____________.

penal codes

Stare decisis is a common law doctrine requiring that ____________ set in one case shall be followed in all cases having the same or similar circumstances.

precedent

The ____________ doctrine prevents the court from getting prematurely involved in a case that may eventually be resolved through other means.

ripeness

The issue of ____________ was omitted during the Constitution debates, because the framers knew the document would not be ratified by the Southern states if they dealt with the slavery issue.

slavery