Deck 4: Constitutions, Law, and Justice

Question 1

The first constitution of the United States was known as the ______.

A) Constitutional Convention
B) Articles of Confederation
C) Bill of Rights
D) Constitution Act

Answer 1

B

Question 2

Which of the following elements of the U.S. Constitution provides a good example for how the Constitution may change even if not actively re-written or amended?

A) the reinterpretation of what "cruel and unusual punishment" means
B) the transfer of power between Republicans and Democrats during elections
C) the separation of powers between the Executive, Legislative, and Judicial Branches
D) the composition of the Bill of Rights

Answer 2

A

Question 3

Which of the following describes a unitary state?

A) a loose alliance of states or regions in which there is only a weak central government
B) a state that is split along social or regional lines that keeps one from ruling the others, but still has a functioning central government
C) a state in which power is split and shared between different levels of government
D) a state in which power at all levels is focused in a central government

Answer 3

D

Question 4

Which of the following describes a federal state?

A) a loose alliance of states or regions in which there is only a weak central government
B) a state that is split along social or regional lines that keeps one from ruling the others, but still has a functioning central government
C) a state in which power is split and shared between different levels of government
D) a state in which power at all levels is focused in a central government

Question 5

Which of the following describes a confederal state?

A) a loose alliance of states or regions in which there is only a weak central government
B) a state that is split along social or regional lines that keeps one from ruling the others, but still has a functioning central government
C) a state in which power is split and shared between different levels of government
D) a state in which power at all levels is focused in a central government

Question 6

In a constitution, determining whether the country will be federal or not constitutes which element of purpose?

A) detailing the structure of government
B) defining power structures
C) considering the distribution of power
D) outlining basic rights

Question 7

In a constitution, determining a system of checks and balances between different branches of government constitutes which element of purpose?

A) detailing the structure of government
B) defining power structures
C) considering the distribution of power
D) outlining basic rights

Question 8

In a constitution, limiting or extending the reach of governmental authority over citizens constitutes which element of purpose?

A) detailing the structure of government
B) defining power structures
C) considering the distribution of power
D) outlining basic rights

Question 9

The ability to amend a country's constitution is fundamentally dependent on the ______.

A) mechanisms through which amendments can be both proposed and approved
B) requirements or quota required for amendments to be ratified
C) individuals or branches of governments that are able to suggest or initiate amendments
D) courts' approval of the amendments and their alignment with constitutionality

Question 10

Which of the following provides the best example of a case in which constitutional law is most appropriate for application or influence?

A) a legal situation or challenge that arises due to the vagueness in the meaning and interpretation of power structures defined at the highest levels of government and the state
B) a legal situation or challenge that arises wherein it is necessary to define new rules about what is and isn't allowed, along with penalties for breaking those rules
C) a legal situation or challenge that arises due to the vagueness of an existing law or series of laws, such that specification and additional regulations must be appended or amended
D) a legal situation or challenge that arises due to the vagueness or poor application of an existing law, in which resolution requires research and invocation of past precedent, applications, or interpretation

Question 11

Which of the following systems of law refers to regulations and amendments to existing or past legislation?

A) constitutional law
B) statutory law
C) administrative law
D) case law

Question 12

Which of the following provides the best example of a case in which statutory law is most appropriate for application or influence?

A) a legal situation or challenge that arises due to the vagueness in the meaning and interpretation of power structures defined at the highest levels of government and the state
B) a legal situation or challenge that arises wherein it is necessary to define new rules about what is and isn't allowed, along with penalties for breaking those rules
C) a legal situation or challenge that arises due to the vagueness of an existing law or series of laws, such that specification and additional regulations must be appended or amended
D) a legal situation or challenge that arises due to the vagueness or poor application of an existing law, in which resolution requires research and invocation of past precedent, applications, or interpretation

Question 13

Which of the following provides the best example of a case in which administrative law is most appropriate for application or influence?

A) a legal situation or challenge that arises due to the vagueness in the meaning and interpretation of power structures defined at the highest levels of government and the state.
B) a legal situation or challenge that arises wherein it is necessary to define new rules about what is and isn't allowed, along with penalties for breaking those rules
C) a legal situation or challenge that arises due to the vagueness of an existing law or series of laws, such that specification and additional regulations must be appended or amended
D) a legal situation or challenge that arises due to the vagueness or poor application of an existing law, in which resolution requires research and invocation of past precedent, applications, or interpretation

Question 14

Which of the systems of law below affect our daily lives most often, most directly?

A) constitutional law
B) statutory law
C) administrative law
D) case law

Question 15

In case law, which of the following phrases is Latin for "to stand by things decided"?

A) jus sanguinis
B) stare decisis
C) amicus curiae
D) sui generis

Question 16

English common law is most closely related to which of the following systems of law?

A) constitutional law
B) statutory law
C) administrative law
D) case law

Question 17

Continental European law is most closely related to which of the following systems of law?

A) constitutional law
B) statutory law
C) administrative law
D) case law

Question 18

Continental law is defined as which of the following?

A) law that comprises the body of legal precedents, applications, and interpretations
B) law that is developed by the courts rather than an assembly
C) laws that serve to implement and regulate existing laws and acts
D) laws that are formally codified wherein rules, crimes, and punishments are specified

Question 19

Civil law in Europe developed out of the legacy of which of the following?

A) Ten Commandments
B) Hammurabi's Code
C) Emperor Justinian's rule
D) Napoleonic Code

Question 20

Which of the following major branches of Islam specifically believe that Sharia consists not only of the Qur'an, but also of the hadith and other interpretations of Muhammad's teachings?

A) Ahmadiyya
B) Sunni
C) Shi'ah
D) Khawarij

Question 21

Two ways that political scientists examine courts and judges are mainly how they ______.

A) are structured and how they apply case law
B) apply case law and how they are independent
C) are structured and how independent they are
D) are appointed and how they apply case law

Question 22

Which of the following is one way to ensure a judiciary can avoid accusations of bias in favor of government?

A) Judges are appointed by the executive branch of a government.
B) Judges may be appointed for life tenure.
C) Judges may be subject to retention elections.
D) Judges are appointed through diverse avenues rather than by one individual.

Question 23

Which of the following is one way to ensure some degree of public accountability in the justice system?

A) Judges are appointed by the executive branch of a government.
B) Judges may be appointed for life tenure.
C) Judges may be subject to retention elections.
D) Judges are appointed through diverse avenues rather than by one individual.

Question 24

In countries like the United States and Germany, courts that exist at a variety of levels that are defined by ______.

A) function
B) independence
C) structure
D) topic

Question 25

In terms of judicial systems like that of the United States, organization of jurisdictions from the Supreme Court down to lower courts specifically refers to the courts' ______.

A) topic
B) independence
C) function
D) structure

Question 26

What justice is, exactly, has been a major topic in political philosophy since the time of ______.

A) Plato
B) Augustine
C) Rawls
D) Nozick

Question 27

If you are arrested and a police officer or judge tells you "ignorance of the law is no excuse," to which idea of justice are they alluding?

A) distributive justice
B) procedural justice
C) retributive justice
D) substantive justice

Question 28

Which concept of justice focuses on the processes through which laws are made and under which penalties are determined?

A) distributive justice
B) procedural justice
C) retributive justice
D) substantive justice

Question 29

Which of the following is an application of procedural justice?

A) the establishment of equal pay for equal work across groups
B) the establishment of pay that is determined by how much work you put in
C) the establishment of pay that is determined based on your position in the company hierarchy
D) the establishment of pay that is determined by your supervisor or manager

Question 30

Which of the following is an application of retributive justice?

A) the establishment of equal pay for equal work across groups
B) the establishment of pay that is determined by how much work you put in
C) the establishment of pay that is determined based on your position in the company hierarchy
D) the establishment of pay that is determined by your supervisor or manager

Question 31

Which concept of justice leaves the responsibility of determining which punishments should fit the crime to a legitimate, authoritative figure, such as a judge?

A) distributive justice
B) procedural justice
C) retributive justice
D) substantive justice

Question 32

Which of the following is the term for the ability of the courts and judges to overturn the decisions of other branches of government if they violate a country's constitution?

A) judicial activism
B) judicial interpretation
C) judicial jurisdiction
D) judicial review

Question 33

The Rome Statute did which of the following?

A) established the Human Rights Council
B) established the European Communities
C) established the International Criminal Court
D) Established the High Commissioner for Human Rights

Question 34

Which of the following organizations or structures represents a precursor in the evolution of a coherent international system of law?

A) the International Criminal Court
B) the United Nations
C) the European Union
D) The Council of Europe

Question 35

Individual States cannot call for a re-drafting of the Constitution of the United States.

Question 36

The European Union can be considered a federal state

Question 37

Constitutions are binding and are themselves not meant to be changed

Question 38

Comprehensive systems of law are a phenomenon of the modern era.

Question 39

Administrative law is generally a limited affair; writers do not have a lot of leeway to define regulations.

Question 40

The U.S. Constitution is a product and an enshrinement of practices in common law.

Question 41

The system of laws implemented across the United States is not only influenced by English common law, but by continental civil law as well.

Question 42

Since 2006, judges in the United Kingdom are appointed by the Lord Chancellor, one of the oldest positions in the British government.

Question 43

Judicial review is not limited to interpretation of constitutional law and overturning unconstitutional legislation or decrees.

Question 44

The International Court of Justice does not enforce international law.

Question 45

Are there benefits to having a single formal document that outlines the structure of government, power structures, power distribution, and basic rights? Are there alternatives to this approach to defining governments and systems of law within states? Propose an argument for how you might envision an optimal constitution.

Question 46

What are the benefits of specific Constitutions? What about those that are vague? What are the detriments, or cons, of either? Make an argument as to which approach you think is more sound, using examples from history or imagined (or real world) scenarios to support your thoughts.

Question 47

Thinking about different systems of law past and present, how do each of the ones discussed in your readings and in class contribute to fostering justice? What philosophies or concepts of justice do each of these systems best facilitate? Are any of the given systems of law more successful in administering one or more type of justice than the others?

Question 48

Make an argument as to how you think a judicial system should be structured. How independent should justices be, and how might you envision that level be maintained or enforced?

Question 49

There are different approaches, concepts, theories, or philosophies of justice. In the establishment of a system of law, which one ought to serve as the best approach to achieving justice? Describe the different concepts and make an argument as to which one you think makes the most sense to lay as groundwork for justice in a society.