Making Law Chapter 3 Complete Test Bank

CHAPTER 3

MAKING LAW

MULTIPLE CHOICE QUESTIONS

1. Laws are created by

a) courts.

b) lawyers.

c) the executive branch.

d) legislatures.

2. The first written legal code was the

a) Code of Hammurabi.

b) Twelve Tables.

c) Field Code.

d) Babylonia Code.

3. Common law is

a) the law of the House of Commons in England.

b) judge-made law.

c) statutory law.

d) biblical law.

4. Stare decisis involves

a) respect for the common law.

b) interpretation of statutes.

c) respect for, and belief in, the validity of precedent.

d) disregard for prior decisions of the same court.

5. Primary sources of law include

a) judge-made law and common law.

b) common law and legislative law.

c) judicial law and common law.

d) statutes and bills.

6. The first document creating a U.S. government was called the

a) Article of Confederation.

b) Constitution.

c) Bill of Rights.

d) Assize of Clarendon.

7. The Constitution is primarily concerned with setting forth the

a) duties of the states.

b) rights of individuals.

c) powers and limits of the federal government.

d) judicial branch and the legislative branch.

8. The three individual rights contained in the Constitution are concerned with

a) freedom of speech, religion, and assembly.

b) treason, habeas corpus, and religion.

c) freedom of the press, speech, and assembly.

d) habeas corpus, bills of attainder, and ex post facto laws.

9. The Bill of Rights originally applied only to the

a) federal government.

b) states.

c) individual citizens.

d) none of the above.

10. The First Amendment includes the freedom of

a) speech.

b) assembly.

c) religion.

d) all of the above.

11. The Fourth Amendment prohibits what types of searches and seizures?

a) unreasonable

b) illegal

c) unconstitutional

d) those without a warrant

12. The Fifth Amendment includes which of the following?

a) the right to counsel

b) the right to a public trial

c) the privilege against self-incrimination

d) the right to bear arms

13. The Eighth Amendment prohibits excessive bail and

a) double jeopardy.

b) cruel and unusual punishment.

c) the death penalty.

d) unreasonable searches and seizures.

14. The Fourteenth Amendment includes the

a) due process clause and equal protection clause.

b) privileges and immunities clause and equal rights clause.

c) both of the above.

d) none of the above.

15. The Thirteenth Amendment was intended to

a) incorporate the Bill of Rights.

b) end the Civil War.

c) make slaves of U.S. citizens.

d) end slavery.

16. The Fourteenth Amendment was clearly intended by its writers to

a) incorporate the Bill of Rights.

b) make it difficult for states to restrict the rights of freed slaves.

c) end the Civil War.

d) restrict the powers of the federal government.

17. The equal protection clause

a) makes all discrimination illegal.

b) prohibits racial, religious, and age discrimination.

c) prohibits discrimination by private citizens.

d) requires states to make only reasonable classifications.

18. Fundamental rights are defined as those that are

a) included in the Bill of Rights.

b) essential to the concept of ordered liberty.

c) included in the original Constitution.

d) unnecessary in a modern society.

19. Under strict scrutiny review, legislation must

a) be narrowly tailored.

b) be based on reason.

c) prohibit suspect classifications.

d) none of the above.

20. The term incorporation refers to

a) the adoption of fundamental rights.

b) the Bill of Rights and the equal protection clause of the Fourteenth Amendment.

c) the inclusion of the Bill of Rights into the due process clause of the Fourteenth Amendment.

d) the means of applying the Constitution to the states.

21. ________ is known as the father of common law.

a) Henry de Bracton

b) Henry II

c) Ranulf de Granville

d) William Blackstone

22. ________ is known as the father of case law.

a) Henry de Bracton

b) Henry II

c) Ranulf de Granville

d) William Blackstone

23. Which of the following rights was not mentioned in the Constitution itself?

a) right to seek habeas corpus

b) prohibition of bills of attainder

c) right to be accorded due process of law

d) prohibition against ex post facto laws

24. Eminent domain is part of the

a) due process clause of the Fourteenth Amendment.

b) troop quartering clause of the Third Amendment.

c) confrontation clause of the Sixth Amendment.

d) taking clause of the Fifth Amendment.

25. Which amendment was the basis for granting people rights not specifically enumerated in the Bill of Rights first mentioned in Griswold v. Connecticut?

a) First

b) Fifth

c) Seventh

d) Ninth

26. Which of the below classifications is not a suspect or quasi-suspect classification?

a) race

b) sex/gender

c) sexual orientation

d) religion

27. In terms of incorporating the Bill of Rights, the position maintaining that nonfundamental rights should be left as state concerns is known as

a) selective incorporation.

b) state’s rights incorporation.

c) incorporation plus.

d) incorporation minus.

e) total incorporation.

28. Which of the following was the Supreme Court’s first constitutional decision?

a) Marbury v. Madison.

b) Chisholm v. Georgia.

c) Baron v. Baltimore.

d) Slaughterhouse cases.

29. A Supreme Court ruling can be overturned by a

a) congressional act.

b) presidential executive order.

c) constitutional amendment.

d) ruling by the World Court.

30. A criminal protection not yet incorporated from the Bill of Rights is

a) cruel and unusual punishment.

b) grand jury indictment.

c) self-incrimination.

d) ex post facto laws.