Question 1

Our Constitution and governmental system is designed to

Accepted Answer

A)   Give the government unlimited power over people
B)   Give people the freedom to pursue their legitimate interests within limits necessary to have a functioning society
C)   Allow wise individuals of integrity and good faith to govern despite the laws
D)   Help people develop contracts that govern relationships between private partiesE) None of the above
F) A) and C)

Question 2

In all civil cases,

Accepted Answer

A)   The state is necessarily a party
B)   Losing defendants pay heavy fines to the government
C)   Plaintiffs represent the government
D)   The dispute is between private partiesE) All of the above
F) B) and C)

Question 3

All of these are broad classes of government power in the United States except

Accepted Answer

A)   sovereign powers
B)   police powers
C)   parens patriae ( parent of the nation) D) A) and C)
E) A) and B)

Question 4

The Constitution contains a system of separation of powers and checks and balances because the founders

Accepted Answer

A)   had faith in the wisdom and personal integrity of the leaders of their day
B)   wanted to guard against arbitrary actions by any one branch of government
C)   had a mechanical and engineering model for government in mind
D)   had faith in the judiciary but not in the legislatureE) A) and B)
F) B) and D)

Question 5

Of all criminal cases, most are settled by

Accepted Answer

A)   a jury as a matter of right
B)   a waiver to civil court
C)   a plea bargain
D)   an adversarial bench trialE) None of the above
F) All of the above

Question 6

The Constitution of the United States

Accepted Answer

A)   increases the power of the federal government.
B)   limits the power of federal government to insure that individual rights will be preserved.
C)   only affects the power of state governments, not federal
D)   does not affect the power of any governmentE) B) and D)
F) B) and C)

Question 7

All of these can be considered aspects of due process except

Accepted Answer

A)   governments and government officials cannot act arbitrarily
B)   "fundamental fairness" to justice and value assigned to individual rights and dignity
C)   each court case deserves an ample or "due" processing period, or amount of time, to review facts and try individuals accused of a crime
D)   All of these are examples of due processE) B) and D)
F) A) and D)

Question 8

The ultimate arbiter of the legal relationship between the states and the federal government is

Accepted Answer

A)   the highest court in the state who is in conflict with the federal government.
B)   the legislative body of the state in conflict with the federal government
C)   The Congress
D)   The Supreme CourtE) A) and B)
F) All of the above

Question 9

The Court of Last Resort is usually the last stop in the appeals process, and a court like this, which is comparable to the U.S. Supreme Court

Accepted Answer

A)   is only found in some states
B)   Is found in all states
C)   Is not found in any states, but is a federal branch of government
D)   Is a court that specifically focuses on capital punishment cases e.E) B) and C)
F) All of the above

Question 10

In the American legal system

Accepted Answer

A)   government is organized as a contract between the people and the government.
B)   some individuals are above the law.
C)   individual interests are not restrained although the interests of corporations and other entities are restrained.
D)   unlimited powers are granted to the Federal GovernmentE) A) and B)
F) A) and C)

Question 11

When the Supreme court establishes a constitutional interpretation

Accepted Answer

A)   only congress can undo it.
B)   only state legislatures can undo it
C)   neither state legislatures nor the congress can undo it
D)   A Supreme Court ruling can never be undone by anyone or in any circumstancesE) A) and B)
F) C) and D)

Question 12

When comparing criminal and civil trials, it can be noted that

Accepted Answer

A)   in a criminal trial, the defendant can plead elect not to testify and no inference can be drawn about his or her guilt (responsibility)  by this decision, whereas, in a civil trial this is not the case.
B)   in both criminal and civil cases, the defendant can decide not to testify and the decision will not be used to infer the defendants guilt (responsibility) .
C)   In a civil trial, the defendant can refuse to testify and no inference can be drawn about his or her guilt (responsibility)  by this decision, whereas, in a criminal court, this is not the case.
D)   None of the aboveE) A) and B)
F) A) and C)

Question 13

Members of the U.S. Supreme Court are supposed to be insulated from the political process

Accepted Answer

A)   because they have lifetime appointments
B)   because only highly respected men and women are acceptable for appointment to the Court
C)   because they try to be faithful to the language and meaning of the constitution, and to our form of government and traditions
D)   all of the aboveE) A) and B)
F) All of the above D

Question 14

Because of our system of federalism, laws about the same subject

Accepted Answer

A)   can be different in different states
B)   must be the same in all states
C)   can readily be imposed on the states by the Congress
D)   are determined by a libertarian viewpoint in most statesE) B) and C)
F) None of the above

Question 15

Criminal defendants

Accepted Answer

A)   are entitled by the Constitution to a high degree of procedural protection
B)   must be tried by a jury of their peers
C)   are often tried in civil court where they can more easily be found guilty
D)   are charged with breaking unwritten lawsE) A) and B)
F) A) and D)

Question 16

The nine members of the U.S. Supreme Court are called

Accepted Answer

A)   Justices
B)   judges
C)   legislators
D)   elected officialsE) None of the above
F) A) and C)

Question 17

The U.S. Constitution

Accepted Answer

A)   Gives the federal government unlimited powers
B)   Has a Bill of Rights, but these are unenforceable recommendations
C)   Provided for state sovereignty in many areas of government
D)   Is the "Supreme law of the land" and does not allow states to have their own constitutions.E) A) and C)
F) B) and C)

Question 18

In a class action suit, a group of people are allowed to bring one suit when

Accepted Answer

A)   they all suffer different wrongs but have the same lawyer
B)   the same facts and considerations of law affect all similarly
C)   a mental hospital and a prison are the named defendants
D)   legally the burden of proof is the lenient one of beyond a reasonable doubtE) All of the above
F) B) and C) B

Question 19

Explain the importance of Marbury v Madison to the balance of powers at the federal level.

Accepted Answer

Marbury v. Madison is an extremely impor...

Question 20

Criminal defendants

Accepted Answer

A)   are entitled to a higher degree of due process than civil defendants
B)   can waive the right to a trial by jury and either plea bargain or have a bench trial
C)   must have a trial by jury
D)   Both A and B
E)   Both C and BF) B) and D)
G) All of the above D

Exam 1: The American Legal System

Our Constitution and governmental system is designed to

Correct AnswerverifiedShow Answer

In all civil cases,

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All of these are broad classes of government power in the United States except

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The Constitution contains a system of separation of powers and checks and balances because the founders

Correct AnswerverifiedShow Answer

Of all criminal cases, most are settled by

Correct AnswerverifiedShow Answer

The Constitution of the United States

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All of these can be considered aspects of due process except

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The ultimate arbiter of the legal relationship between the states and the federal government is

Correct AnswerverifiedShow Answer

The Court of Last Resort is usually the last stop in the appeals process, and a court like this, which is comparable to the U.S. Supreme Court

Correct AnswerverifiedShow Answer

In the American legal system

Correct AnswerverifiedShow Answer

When the Supreme court establishes a constitutional interpretation

Correct AnswerverifiedShow Answer

When comparing criminal and civil trials, it can be noted that

Correct AnswerverifiedShow Answer

Members of the U.S. Supreme Court are supposed to be insulated from the political process

Correct AnswerverifiedD

Because of our system of federalism, laws about the same subject

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Criminal defendants

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The nine members of the U.S. Supreme Court are called

Correct AnswerverifiedShow Answer

The U.S. Constitution

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In a class action suit, a group of people are allowed to bring one suit when

Correct AnswerverifiedB

Explain the importance of Marbury v Madison to the balance of powers at the federal level.

Correct AnswerAnswered by ExamLex AIMarbury v. Madison is an extremely impor...View AnswerShow Answer

Criminal defendants

Correct AnswerverifiedD

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D

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B

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Answered by ExamLex AI
Marbury v. Madison is an extremely impor...
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D