Deck 2: The US Legal System

Question 1

The Supremacy Clause is found in which article of the U.S. Constitution?

A) Article I
B) Article II
C) Article III
D) Article IV

Answer 1

D

Question 2

In the federal system, statutory law adopted by Congress is normally included in which publication?

A) The Code of Federal Regulations
B) The Constitution
C) The United States Code
D) The Federal Code

Answer 2

C

Question 3

The court resolves disputes by:

A) making new laws to meet the situation.
B) asking the legislature to make a new law to meet the situation.
C) applying existing constitutional, statutory, and case law to the situation.
D) applying only existing case law or precedent to the situation.
E) None of the above

Answer 3

C

Question 4

The powers granted to the U.S. government are found in which article of the U.S. Constitution?

A) Article I
B) Article II
C) Article III
D) Article IV

Question 5

What is the name for laws that impose criminal responsibility for acts that were not crimes at the time the acts occurred?

A) Ex post facto laws
B) Habeas corpus laws
C) Codes
D) Constitutions

Question 6

Which of the following is not a branch of the federal government?

A) Executive
B) Legislative
C) Judicial
D) The president
E) None of the above

Question 7

When both state and federal governments have the right to regulate an area, those governments have:

A) exclusive jurisdiction.
B) concurrent jurisdiction.
C) original jurisdiction.
D) bicameral legislatures.
E) None of the above

Question 8

Which power does federal congress not expressly have?

A) Regulate commerce between the states
B) Punish counterfeiting
C) Establish inferior courts
D) Punish drug offenders
E) None of the above; Congress has the express power to do all of the above.

Question 9

The common law is a body of law that is developed through which branch of government?

A) Executive branch
B) Judicial branch
C) Legislative branch
D) Administrative agencies

Question 10

Administrative regulations come from:

A) federal boards, departments, commissions, and agencies.
B) state boards, departments, commission, and agencies.
C) federal courts.
D) state courts.
E) Both a and b

Question 11

Which type of powers given to Congress are spelled out in the U.S. Constitution?

A) Express powers
B) Implied powers
C) Inherent powers
D) Police powers

Question 12

In order to override a presidential veto, each house of Congress must approve the presidential override by vote?

A) One-third
B) Majority vote
C) Two-thirds
D) Three-fourths

Question 13

The Statutes at Large:

A) are a topical organization of statutory law.
B) are a chronological organization of statutory law.
C) is another name for code.
D) are easily used by legal researchers.
E) Both b and c

Question 14

Another term for stare decisis is:

A) precedent.
B) common law.
C) statutory law.
D) initiative.
E) referendum.

Question 15

A system of government in which the people are regulated by both federal and state governments is known as ______.

A) implied powers
B) divided government
C) federalism
D) concurrent jurisdiction

Question 16

Who has the final say on the interpretation of the U.S. Constitution?

A) President
B) Congress
C) U.S. Supreme Court
D) Vice President

Question 17

Which of the following powers is preempted by the federal government?

A) Power to regulate criminal conduct
B) Power to regulate civil tort liability
C) Power to regulate the coining of money
D) Power to regulate business organizations
E) Both a and c

Question 18

Which type of powers means that means that states can make laws that provide for the general health, welfare, and safety of its citizens?

A) Express powers
B) Implied powers
C) Inherent powers
D) Police powers

Question 19

The power of government to regulate is sometimes referred to as:

A) preemption.
B) jurisprudence.
C) jurisdiction.
D) supremacy.
E) federalism.

Question 20

Stare decisis requires that:

A) all courts follow decisions of all other courts.
B) all courts follow only those decisions from the U.S. Supreme Court.
C) trial courts follow all decisions from appellate courts.
D) all appellate courts follow all decisions of other appellate courts.
E) None of the above

Question 21

Administrative regulations are laws passed by various governmental boards, departments, commissions, and agencies.

Question 22

The Ninth Amendment to the U.S. Constitution states that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Question 23

The Supremacy Clause, making the Constitution and the laws of the United States the supreme law of the land, is found in Article I of the U.S. Constitution.

Question 24

The federal legislature consists of a bicameral structure.

Question 25

When a conflict between state and federal laws exists, federal law controls.

Question 26

States can grant more rights to criminal defendants and not be in conflict with federal law because the federal government has not preempted this area of law.

Question 27

All case law originates with a factual controversy between two or more parties.

Question 28

Express powers are granted to the U.S. Congress in Article I, Section 8 of the U.S. Constitution.

Question 29

When the President refuses to either sign or veto proposed legislation, the bill is automatically vetoed.

Question 30

If Congress adjourns within ten days of submitting a bill to the President, and the President does nothing with the bill, the bill is deemed vetoed.

Question 31

State constitutions as interpreted by the highest court of the state control within the state unless the state constitution conflicts with the U.S. Constitution.

Question 32

In the United States, government operates under federalism where both the federal and state regulate citizens.

Question 33

Federalism means that two separate governments, state and federal, regulate citizens in the United States.

Question 34

Courts of appeals in the various states decide many cases that never become stare decisis.

Question 35

The U.S. Supreme Court has the power to declare state laws unconstitutional.

Question 36

Article I of the U.S. Constitution provides that federal statutes can be created by initiative if a petition gathers a sufficient number of signatures.

Question 37

The concept of stare decisis prevents one Supreme Court from overruling decisions of prior Supreme Courts.

Question 38

In the area of criminal law, the powers of the federal government and state governments are concurrent.

Question 39

Income tax is an example where the federal government has exclusive jurisdiction to pass laws.

Question 40

The Commerce Clause is one source of power of the federal government to pass laws.

Question 41

What is the difference between concurrent jurisdiction and exclusive jurisdiction?

Question 42

In a split 5-4 decision, the U.S. Supreme Court upheld the validity of the individual mandate to buy health insurance as a constitutional exercise of Congress's taxing power under the Affordable Care Act in National Federation of Business v. Sebelius (2012). Do you agree with the majority opinion or dissenting opinion in National Federation of Business v. Sebelius. Explain your position.

Question 43

Explain the concept of federalism.

Question 44

Explain whether a new state law requiring sex offenders to register in a new registry is considered an ex post facto law.

Question 45

Article I, Section 10 of the U.S. Constitution prohibits states from enacting _____ laws that make a person criminally responsible for an act that was committed before the act was made a crime.

Question 46

When both state and federal governments have the right to regulate an area, those governments have _____jurisdiction.

Question 47

Case law is created by the judicial branch and statutory law is created by the _____ branch of government.

Question 48

The _____ Clause is the section of the U.S. Constitution found in Article 1, Section 8 giving the U.S. Congress the right to regulate foreign and interstate commerce.

Question 49

The system of government where both the federal and state governments regulate citizens is known as _____.

Question 50

Explain how the U.S. Supreme Court can invalidate state laws that conflict with federal law.

Question 51

Explain the difference between the common law and statutory law.

Question 52

Tax measures or spending bills in Congress must originate in the _______.

Question 53

Where a conflict exists between federal and state laws, _____law controls.

Question 54

U.S. law is based primarily on English common law, based on the concept of _____ where there is an example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases.

Question 55

What are the limits on the power of the state governments to make laws set forth in Article I, Section 10 of the U.S. Constitution?

Question 56

The Supremacy Clause states that the U.S. Constitution is the _____law of the land.

Question 57

Describe the Commerce Clause in the U.S. Constitution and how the U.S. Supreme Court has interpreted the Commerce Clause.

Question 58

The federal government consists of three branches-executive, legislative, and
_____- with each branch having separate and distinct powers.