Cobb Chapter 4 Constitutions, Law, And Justice Test Bank - Test Bank | Political Science Today 1e by Cobb by Wendy N. Whitman Cobb. DOCX document preview.
Chapter 4: Constitutions, Law, and Justice
Test Bank
Multiple Choice
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
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Knowledge
Answer Location: Introduction
Difficulty Level: Easy
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
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Application
Answer Location: Introduction
Difficulty Level: Hard
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
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Knowledge
Answer Location: Governments, Structure, and Power
Difficulty Level: Easy
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
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Knowledge
Answer Location: Governments, Structure, and Power
Difficulty Level: Easy
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
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Knowledge
Answer Location: Governments, Structure, and Power
Difficulty Level: Easy
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
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Application
Answer Location: Governments, Structure, and Power
Difficulty Level: Medium
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
Learning Objective: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Application
Answer Location: Governments, Structure, and Power
Difficulty Level: Medium
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
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Application
Answer Location: Guarantees of Rights
Difficulty Level: Medium
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
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Comprehension
Answer Location: Ease of Changes
Difficulty Level: Hard
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
Learning Objective: To identify different types of law such as constitutional, civil, and criminal
Cognitive Domain: Application
Answer Location: Constitutional Law
Difficulty Level: Medium
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
Learning Objective: To identify different types of law such as constitutional, civil, and criminal
Cognitive Domain: Knowledge
Answer Location: Statutory and Administrative Law
Difficulty Level: Easy
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
Learning Objective: To identify different types of law such as constitutional, civil, and criminal
Cognitive Domain: Application
Answer Location: Statutory and Administrative Law
Difficulty Level: Medium
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
Learning Objective: To identify different types of law such as constitutional, civil, and criminal
Cognitive Domain: Application
Answer Location: Statutory and Administrative Law
Difficulty Level: Medium
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
Learning Objective: To identify different types of law such as constitutional, civil, and criminal
Cognitive Domain: Analysis
Answer Location: Statutory and Administrative Law
Difficulty Level: Medium
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
Learning Objective: To identify different types of law such as constitutional, civil, and criminal
Cognitive Domain: Knowledge
Answer Location: Case Law
Difficulty Level: Easy
16. Which of the following countries does not have a formal Constitution document?
a. the Netherlands
b. the United States
c. Germany
d. the United Kingdom
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Application
Answer Location: English Common Law
Difficulty Level: Medium
17. 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
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Analysis
Answer Location: English Common Law
Difficulty Level: Medium
18. 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
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Analysis
Answer Location: Continental Law
Difficulty Level: Medium
19. 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
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Knowledge
Answer Location: Continental Law
Difficulty Level: Easy
20. 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
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Comprehension
Answer Location: Continental Law
Difficulty Level: Medium
21. 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
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Knowledge
Answer Location: Religious Law
Difficulty Level: Medium
22. 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
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Comprehension
Answer Location: Judicial Independence
Difficulty Level: Easy
23. 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.
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Comprehension
Answer Location: Judicial Independence
Difficulty Level: Medium
24. 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.
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Comprehension
Answer Location: Judicial Independence
Difficulty Level: Medium
25. 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
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Knowledge
Answer Location: Judicial Independence
Difficulty Level: Easy
26. 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
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Application
Answer Location: Judicial Independence
Difficulty Level: Hard
27. What justice is, exactly, has been a major topic in political philosophy since the time of ______.
a. Plato
b. Augustine
c. Rawls
d. Nozick
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Comprehension
Answer Location: Justice
Difficulty Level: Easy
28. 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
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Application
Answer Location: Substantive vs. Procedural Justice
Difficulty Level: Hard
29. 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
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Knowledge
Answer Location: Substantive vs. Procedural Justice
Difficulty Level: Easy
30. 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
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Application
Answer Location: Substantive vs. Procedural Justice
Difficulty Level: Hard
31. 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
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Application
Answer Location: Retributive Justice
Difficulty Level: Hard
32. 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
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Knowledge
Answer Location: Retributive Justice
Difficulty Level: Easy
33. 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
Learning Objective: To define judicial review and identify the purposes of judicial review in various types of governments
Cognitive Domain: Knowledge
Answer Location: Judicial Review
Difficulty Level: Easy
34. 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
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Knowledge
Answer Location: Case Study: International Law and Courts
Difficulty Level: Medium
35. 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
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Comprehension
Answer Location: Case Study: International Law and Courts
Difficulty Level: Medium
True/False
1. Individual States cannot call for a re-drafting of the Constitution of the United States.
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Knowledge
Answer Location: Introduction
Difficulty Level: Easy
2. The European Union can be considered a federal state
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Comprehension
Answer Location: Governments, Structure, and Power
Difficulty Level: Medium
3. Constitutions are binding and are themselves not meant to be changed
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Comprehension
Answer Location: Ease of Changes
Difficulty Level: Medium
4. Comprehensive systems of law are a phenomenon of the modern era.
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Comprehension
Answer Location: Systems of Law
Difficulty Level: Easy
5. Administrative law is generally a limited affair; writers do not have a lot of leeway to define regulations.
Learning Objective: To identify different types of law such as constitutional, civil, and criminal
Cognitive Domain: Comprehension
Answer Location: Statutory and Administrative Law
Difficulty Level: Medium
6. The U.S. Constitution is a product and an enshrinement of practices in common law.
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Application
Answer Location: English Common Law
Difficulty Level: Medium
7. The system of laws implemented across the United States is not only influenced by English common law, but by continental civil law as well.
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Application
Answer Location: Continental Law
Difficulty Level: Medium
8. Since 2006, judges in the United Kingdom are appointed by the Lord Chancellor, one of the oldest positions in the British government.
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Knowledge
Answer Location: Judicial Independence
Difficulty Level: Hard
9. Judicial review is not limited to interpretation of constitutional law and overturning unconstitutional legislation or decrees.
Learning Objective: To define judicial review and identify the purposes of judicial review in various types of governments
Cognitive Domain: Comprehension
Answer Location: Judicial Review
Difficulty Level: Hard
10. The International Court of Justice does not enforce international law.
Learning Objective: 4.1: Discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Comprehension
Answer Location: Case Study: International Law and Courts
Difficulty Level: Medium
Essay
1. 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.
Learning Objective: To discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended.
Cognitive Domain: Analysis
Answer Location: Chapter 4
Difficulty Level: Hard
2. 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.
Learning Objective: To discuss the characteristics of constitutions including their formality, vagueness, and ability to be amended
Cognitive Domain: Analysis
Answer Location: Specificity
Difficulty Level: Medium
3. 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?
Learning Objective: To define and compare systems of law including English common law, civil code, and religious law
Cognitive Domain: Analysis
Answer Location: Systems of Law | The Court System
Difficulty Level: Hard
4. 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?
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Analysis, Application
Answer Location: Judicial Independence
Difficulty Level: Medium
5. 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.
Learning Objective: To compare and contrast various definitions of justice and the role of judges in determining justice
Cognitive Domain: Analysis
Answer Location: Substantive vs. Procedural Justice
Difficulty Level: Medium
Document Information
Connected Book
Test Bank | Political Science Today 1e by Cobb
By Wendy N. Whitman Cobb