Law and Politics quizzes

The Articles of the United States Constitution were ratified in ________.

1789 (Maybe)

The Interstate Commerce Act of 1887 created which administrative agency.

Interstate Commerce Commission

Colonial laws consisted of which of the following elements:

Remembered folks law, laws born of brute necessity, and settler ideology

Courts of Original Jurisdiction are to _____, as Courts of Appeal are to ________.

Federal District Courts, Appellate Jurisdiction

The background of American law shows that several colonial powers contributed to its modern day offices and institutions. Which of the following represents a colonial power and its modern day contribution?
I .The Spanish and the creation of the modern mortgage
II. The Portuguese and the wrongful death statutes
III. The Dutch and the office of the District Attorney
IV. The British and the Courts of Equity
V. The Navajo Tribe and the Creation of the United States Constitution

III and IV alone

The Madisonian system of "Checks and Balances" is to _____ control as Federalism is to _____ control.

Horizontal; vertical

Which of the following jurists serve for life?
I. Chief Justice of the US Supreme Court
II. Associate Justice to the US Federal Circuit Court of Appeal
III. Federal District Court Magistrate
IV. Orleans Parish Louisiana Justice of the Peace
V. Federal District Court Judge

All but III and IV

True or false: Massachusetts law, inevitably, was simpler than the general law of England

True: Massachusetts law was stripped bare of old technicalities, for the most part; it was streamlined and altered so as to make it easier to handle

The US Congress is said to be a _____ body consisting of the Senate and House of Representatives

Bicameral

The United States Constitution contains ___ articles and ___ amendments

7 and 27

Since 1919, most proposed Constitutional amendments have included a requirement that ratification be obtained in a certain number of years. Based on the common time frame, if one were to propose an amendment today on what date would the amendment fail for lack of ratification?

Seven years and one day from today's date

Which of the following, according to Article II, Section III is NOT a presidential duty?

Select the speaker of the house

True or False: the US Supreme Court has both Original and Appellate Jurisdiction

True

An example of Checks and Balances would be which of the following:
I. Congress's ability to pass laws that circumvent the Supreme Court's rulings
II. The president vetoing congressional legislation
III. The supreme Court declaring an act of Congress unconstitutional
IV. The President choosing not to nominate a Supreme Court Justice to fill a vacancy
V. The Supreme Court nullifying an impeachment vote in the House of Representatives

All but IV and V

If a federal court judge determines that a prisoner is being held without just cause he can issue a _____ directing the sheriff/warden of the prison to present the prisoner before them, however, the sheriff/warden may object to this demand if _____

Writ of habeas corpus; there is a clear and present danger to the public that is likely to occur upon presentment

True or False: Privileges and Immunities was meant to protect non-state citizens from being treated differently, whereas privileges OR immunities was meant to protect state citizens from being treated differently than other state citizens

True

True or False: The VP presides over meetings of the Senate and is permitted to vote only when there is a tie

True

The US House of Representatives are composed of ____ members. The number of members in the House of Representatives is determined by the _____

435 and the US Census

Congress has the power to raise taxes according to which article and amendment of the US Constitution?

Article I, Section VIII, Clause I, and Amendment XVI

True or False: The VA plan called for a bicameral legislature in which the lower chamber, the House of Representatives would be apportioned according to the number of free inhabitants in each state plus ⅗ of the slaves

False: a bicameral legislature with the lower chamber chosen by the people and the smaller upper chamber chosen by the lower chamber from nominees selected by state legislatures

The Connecticut Compromise's greatest gift, in equalizing power between the smaller and larger states was found in what adopted the constitutional provision

Article I, Clause III, Section I

Which of the following would NOT be considered Supreme Law of the land?

Presidential executive orders

True or False: According to Article I, Section VIII, Clause IX, Congress would have the authority to create a court that has all of the same authority as the United States Supreme Court but would be subject to complete congressional authority.

False

Lex Luthor has devised a plan to install himself as Supreme Dictator of the United States and in that capacity banish all 'aliens' from the face of the earth, particularly those that may have illegally immigrated to Kansas. He knows that one of the only things keeping him from his goal is the United States Constitution. Working with the reverse flash and Gorilla Grodd, he decides to go back in time to destroy the United States Constitution. If he decides to do just that what date would he need to travel to in order to accomplish this goal?

September 17, 1787

Mrs. LNU is a foreign clandestine agent who was sent to gather intelligence on the inner workings of Iran's nuclear missile development. In the process, Mrs. LNU has been caught trading American secrets to North Korea in exchange for twelve cartons of menthol cigarettes, two cases of Coors, Playgirl Magazine, a gift card to Cracker Barrel, and lottery scratchers. The precise definition of what she has done could be found where in the Constitution?

Article III, Section III, Clause I

During an Impeachment trial, who presides over the proceedings?

The Chief Justice of the United States Supreme Court John Roberts

True or False: An Atheist may not be sworn in as President of the United States because he/she does not believe in a god and therefore would be in violation of Article VI, Clause III

False, there is no religious requirement to serve as President of the United States of America.

Which of the following constitutional provisions gives Congress the authority to create legislation necessary to carrying on the proper functions of their authority?

Article I, Section VII, Clause XVIII

The New Jersey Plan provided for all but which of the following?
One State, One Vote
Serval People would be elected by Congress to form an executive office
The executive offices would appoint a Supreme Court

It actually provided for all of those things

True or False: The United States Supreme Court has both Original and Appellate jurisdiction

True

True or False: All bills that raise revenue must originate in the Senate.

False

True or False: The Virginia Plan called for a bicameral legislature in which the lower chamber, the House of Representatives, would be appointed according to the number of free inhabitants in each state, plus three-fifths of the slaves.

False, a bicameral legislature, with the lower chamber chosen by the people and the smaller upper chamber chosen by the lower chamber from nominees selected by the state legislatures.

Jonathan is a student from Maine. He is very interested in pledging to the fraternity Lambda, Omega, Lambda. Their pledge master makes them participate in all manner of cruel and sadistic activities. One of those activities is a no-holds bar mixed martial arts tournament where the pledges have to take on trained, professional MMA fighters to prove their worth. The pledge master, also from Maine, assigns Jonathan an MMA fighter from Texas. The MMA fighter and Jonathan fight. The MMA fighter knocks Jonathan unconscious. Three other brothers, one from Florida, one from New Jersey, and one from California, take his body next door, leave him on their lawn, and run away. Jonathan is taken to the hospital. He has a hospital bill of over three hundred thousand dollars. Can he sue the pledge master, the MMA fighter, and the three brothers who left him on the lawn next door in federal court?

No, while he has the amount in controversy to sue each of them, the pledge master is from the same state and therefore he could not sue all of them in federal court

On the first day that the state of Colorado made the sale, distribution, and use of marijuana legal, Max opened his first self-serve, fully automated weed dispensary. He has been awash in cash and has a number of television and web commercial advertising his dispensary and their products. On January 21, 2017, the President instructs the DEA to shut down every marijuana dispensary in Colorado and arrest everyone who owned and or worked in them. Furthermore, the House and Senate, pass bills increasing the punishments and fines for those arrested and convicted in the Government crackdown. The actions of the state are in violation of which constitutional prohibition?

None of the above, there has been no violation because selling, distributing, or using marijuana has always been regulated by Congress and it has always been illegal under federal law.

True or False: According to the Article I, Section VIII, Clause IX, Congress would have the authority to create a court that has all of the same authority as the United States Supreme Court but would be subject to complete congressional authority.

False

Congress has the authority to issue ___ in Article ___, Section ___, Clause ____ which authorize private parties to capture and destroy enemy ships in wartime.

Letters of marque and reprisal - Article 1, Section VIII, Clause XI

If a person flees from a state that has the death penalty, to a state that does not have the death penalty, under the extradition clause, the state requesting the return of the person can only have the person back if and only if they promise not to execute the person.

False

President Miley Cyrus has embarrassed the nation with her constant declaration of holidays to mourn her deceased pets and the terribly poor way she conducted herself when meeting with the P5+1 Nations in Berlin (She did an interpreted twerk performance for Vladimir Putin to show him how happy we would be if he rejoined the world of nations). As a result, the people have become fed up with President Cyrus and accordingly have urged impeachment. According to the United States Constitution, who has the authority to accuse President Cyrus of "high crimes and misdemeanors" and who has the authority to judge her for those crimes?

The House Accuses and the Senate Judges

True or False: In principle, the delegates to the Constitutional Convention of 1787 has been sent to Philadelphia for the sole purpose of amending the constitution.

False: The delegates to the Constitutional Convention were sent to amend the articles of confederation. Only the delegates themselves knew that they intended to create a constitution.

Which of the following is NOT a function of a trial judge?

To object to the introduction of evidence

The function of the appellate court is to
I Review the actions taken by trial courts
II Decide questions of the law
III Decide questions of fact
IV Reverse any discovered errors of fact
V Remand to the lowest court for more fact findings

I and II alone

When the Appellate Division hears a case of first impression and will "make new law" with its decision, there will be ____ judges sitting to hear the case

Three

Which of the following raises a question of fact?

Whether the floor was covered by a wet substance

Which of the following raises a question of law?

Whether the police officers actions constituted entrapment

Which of the following DOES NOT raise a question of law?

The defendant drank three beers before leaving the bar

Which of the following scenarios would be filed with the probate courts of New Jersey?

Probating the will of a recently deceased person

Courts of law apply the law whereas courts of equity apply what is ______

Fair

Although the US Supreme Court is explicitly recognized in Article III of the Constitution, it was not formally established until passage of the _______.

Judiciary Act of 1789

The United States Supreme Court:
I. Hears all appeals as a group
II. Reaches decisions by majority vote
III. Consists of a Chief of Justice and eight associate judges
IV. Hears cases from State courts
V. Hears cases from foreign actors

All choices are correct

Proponents of judicial ______ generally argue for an appointive process with life tenure (the federal model) or at least long terms of office.

Independence

The function of trial courts is to
I Determine whose version of the facts is most credible.
II Apply the laws to the facts.
III Create new law.
IV Establish a base line of what is moral and immoral
V Redress wrongs with punishment

I and II only

Most cases that reach the United States Supreme Court do so by

Requesting a writ of certiorari

The federal government and each of the 50 state governments maintain their own system of courts. These systems include both trial courts and ___ courts.

Appellate

When Owen turned seventeen years old he got drunk, stole his parent's car, and went joyriding through his town. He was riding with the music turned all the way up, drove through stop signs and red lights, yelled obscenities at pedestrians, and threw his empty cans of beer and liquor bottles out of the window. He was finally stopped by the police and formally arrested. He has decided, for some unknown reason, to take the matter to trial. In what division will his case be heard?

Family Division

The Supreme Court's _____ extends to all federal cases "with such Exceptions, and under such Regulations as the Congress shall make."

Appellate jurisdiction

Which of the following is true?:
A. The primary focus of most trials is on questions of law.
B. The primary focus of most appeals is on questions of fact.
C. The primary focus of most trials is on questions of fact, but questions of law can also arise.
D. The primary focus of most appeals is on questions of law, but questions of fact can also arise.
E. The primary focus of most appeals is on questions of constitutionality.

C. The primary focus of most trials is on questions of fact, but questions of law can also arise.

What court sits between the Superior Court of NJ and the NJ Supreme Court?

No court sits in between

The United States Supreme Court consists of

Nine members

When a panel of federal judges decides a case, this is called

Justice en entire

Criminal ___ is the offense of engaging in contemptuous behavior in the presence of the court as to interrupt/hinder the judicial proceedings

Contempt

True or False: if an appellate decision is not unanimous, there may also be a concurring and dissenting opinion

True: if there is no unanimous decision it is likely that there will be a dissenting opinion, and though less likely will be a concurring opinion

The losing party takes an appeal from a federal district court decision to ____

The appropriate federal circuit court of appeals

Which of the following is NOT true

State trial courts always have general jurisdiction

At Susan's trial, Susan chose not to testify and in her closing argument the prosecutor commented on Susan's silence. During the trial Susan's attorney objected to the reliability of a blood test that the prosecution used. Finally, an eyewitness testified he saw Susan at the scene of the crime. However, a close friend of Susan's testified that Susan had been with him the entire evening. At various times during the trial the jury foreman continued to look at Susan with disgust and slowly shake his head in a disapproving manner. Susan wishes to appeal her conviction. She can base her appeal on
I. The prosecutor's statement
II. The questionable reliability of the blood test
III. The jury's failure to believe her close friend
IV. The jury foreman's disapproving looks at her

All but III

Two justices appointed by Barack Obama are

Sotomayor and Kagan

Bruce was in an automobile accident. So far, Bruce's medical bills have exceeded $80,000. In addition, his car was damaged. The repairs cost him $10,000. Bruce is from NY. The person he wants to sue is also a resident of NY.

Bruce may bring his suit only in a NY state court

The federal courts' _____ applies only to civil suits and is unrelated to the presence of a question of federal law

Diversity jurisdiction

Jim, a Massachusetts resident, slipped on a banana peel in the Shop Here Grocery store located near his home. Jim wants to sue the store for the negligent failure to maintain its premises in a safe condition. Because Shop Here Grocery store was incorporated in Delaware, Jim can sue in federal court under diversity of citizenship jurisdiction. The decision of the Massachusetts federal district court

will be binding in Joe's case, but will only be persuasive in future cases litigated in Massachusetts state courts.

Which of the following is not true

Constitutional judges must be at least 35 years old

The United States ____ Courts are the major trial courts in the federal judiciary

District

Which of the following is true?
A. Questions of law can only be decided at a bench trial
B. Questions of law are never decided by trial courts
C. Trials always consist of determining the answers to questions of law and questions of fact
D. Appellate courts are most suited to determining questions of fact
E. Trial courts are by their nature courts of limited jurisdiction.

C. Trials always consist of determining the answers to questions of law and questions of fact

Which of the following can be filed in Special Civil Part in the state of New Jersey?
I. Request for Restraining Order
Il. Cases where the amount in controversy is less than fifteen thousand dollars
III. Evictions from commercial lease space
IV. Injunctions against persons seeking to destroy private property
V. Pre-Trial motions

All but I

In family law disputes and personal injury cases, parties often agree to ____.

Mediation

Some states have a ____ that has been delegated authority to regulate the legal profession, usually under the oversight of the state's highest court.

unified bar

If the United States Supreme Court denies a writ of certiorari, this means

The Court neither agrees nor disagrees with the circuit court. It simply does not want to hear the case.

Federal courts may hear cases

dealing with state law issues if the litigants are from different states and the amount in controversy is over $75,000.

A criminal defendant appealed his conviction. If after its review, the appellate court disagreed with the result reached by a trial court, it could _____.

reverse and remand the decision.

Jim, a Massachusetts resident, slipped on a banana peel in the Shop Here Grocery store located near his home. Jim wants to sue the store for the negligent failure to maintain its premises in a safe condition. Because Shop Here Grocery store was incorporated in Delaware, Jim can sue in federal court under diversity of citizenship jurisdiction. In deciding the case, the federal court will rely upon

Massachusetts negligence law.

The case of Mcdonald v. Santa Fe Trail Transportation Company (1976) and United Steelworkers v. Weber (1979) were two cases that highlighted the Supreme Court’s theoretical law making function by means of _______. In these cases, the Court’s definition of terms in essence created new law. This stands in sharp conflict with Congress’s presumed exclusive authority to create and pass laws.

Judicial interpretation

All laws criminalizing and prohibiting behavior contain which of the following- implied or explicit - elements:
I. A clear and expressed warning to the public not to do the thing prohibited
II. A charge to law enforcement officials, prosecutors, and judges to do their job
III. A consequence for violating the law
IV. A moral condemnation for committing the act
Citizens' condemnation of the prohibited wrong

All but IV

In order to appeal an administrative agency decision to the Federal District Court or state court, the appellant should first show that they have taken every opportunity to resolve their case within the administrative agency first. This is known as ______.

Exhaustion of Right Doctrine

One office in an administrative agency that is out of the chain of command, but integral to providing necessary internal control over the agency by evaluating and investigating employee and public complaints of agency behavior is:

The Office of the Ombudsman

_______ are at the heart of modern law and American government. A vast civil service grinds away in thousands of tiny offices, creating rules and applying them.

Bureaucracies

Which famous New Deal era Supreme Court case caused such a public uproar that it effectively ended the practice of aggressive judicial review of administrative agency decisions?

Schechter Poultry Corp. v. United States

An administrative agency can be broadly categorized by _____, _____, and/or ______.

Subject-matter, independence, friendliness

Administrative agencies are subject to outside and inside control. An example of inside control would be ____, while an example of an outside control would be ______.

"On-spot" inspections, the Administrative Procedures Act (APA) (my quiz says this one)

Which of the following would be considered "private" law?

The State of Utah passing a law granting lifetime sales, income, and property tax exempt status to the widow of an inmate wrongly executed for a crime the deceased did not commit

When an administrative agency, specifically its commissioners, are said to be doing the bidding of the industries they are supposed to regulate, they are said to be_____.

Captured

Federal District Courts, State Courts, and even Federal Circuit Courts, will rarely reverse an agency decision when the decision is one made pursuant to that agency's expressed statutory authority and the agency has followed the Administrative Procedures Act (APA). This is known as

Chevron Deference

All laws criminalizing and prohibiting behavior contain which of the following - implied and or expressed elements:
I. A clear and expressed warning to the public not to do the thing prohibited.
II. A charge to law enforcement officials, prosecutors, and judges to do their job.
III. A consequence for violating the law.
IV. A moral condemnation for committing the act.
V. Citizens' condemnation of the prohibited wrong.

All but IV

Which of the following would be considered a "private" law.

The State of Utah passing a law granting lifetime sales, income, and property tax exempt status to the widow of an inmate wrongly executed for a crime the deceased did not commit.

Law firms that specialize in combating administrative agencies on behalf of consumers are best known as ____ firms.

public interest

Delegation of authority is to Devolution of authority as:
I. a unitary system of government is to a confederal system of government.
Il. a congressional agency is to an independent federal agency.
III. horizontal federalism is to vertical federalism.
IV. the United States Congress is to President of the United States
V. a congressional agency is to a state legislative body.

Ill and V only

What was the historical and legal significance of the Field Code?

It was the first legislatively adopted codification of the law. Though it focused exclusively on civil procedure, the state legislator would later insist that all judge-made law be codified. This brought uniformity and consistency to the common law system of jurisprudence.

True or False: As a form of legal behavioral control, common law is superior to civil law.

False: Common law in the United States, with its fifty states, is especially ragged, nonuniform, inconsistent. Civil law by contrast has the consistency of codification and a single voice of authority on matters of legal rights and wrongs.

The most celebrated common law writ was _____.

Habeas corpus

In his famous "Letter from a Birmingham Jail," _____ defended his disobedience of a law he regarded as unjust

Dr. Martin Luther King Jr

The _____ movement in academia carries on the radical tradition in legal thought

Critical legal studies

In Summa Theologica, the medieval philosopher ______ characterized natural law as the “participation in the Eternal Law by rational creatures”

Thomas Aquinas

The Napoleonic Code, promulgated under Napoleon Bonaparte in 1804 as a codification of all the civil and criminal laws of France, was based in large part on ______.

The Code of Justinian