True False Making Law Chapter.3 Exam Prep - Chapter Test Bank | Law & Society 4e Walsh by Anthony Walsh. DOCX document preview.
CHAPTER 3
TRUE/FALSE QUESTIONS
1. Judicial review means that the court has the power to examine a law and determine whether it is constitutional.
2. Precedent from one state is binding on all courts in the United States.
3. Distinguishing involves overruling a prior decision.
4. Supporters of a strong federal government in 1781 were referred to as Democrats.
5. The first person to hold the title of “president of the United States” was George Washington.
6. The Bill of Rights initially applied only to the federal government.
7. Freedom of speech includes only spoken words.
8. The Bill of Rights has been entirely incorporated into the due process clause of the Fourteenth Amendment.
9. Trial by jury is a right that did not exist prior to the adoption of the Bill of Rights.
10. The Eighth Amendment prohibits “cruel and unusual” punishment.
11. The Fourteenth Amendment was adopted shortly after the Civil War.
12. Under rational basis review, state actions are presumptively valid.
13. In Barron v. Baltimore, the Supreme Court held that the Bill of Rights applies to the states as well as the federal government.
14. The Supreme Court has generally followed the “selective incorporation” approach to incorporation.
15. Judicial review gives courts the power to write new laws.
16. Judicial review is not specifically provided for in the Constitution.
17. In Marbury v. Madison, the Supreme Court required President Jefferson to hire Marbury as a magistrate for the District of Columbia.
18. The term stare decisis means “let the decision stand.”
19. Statutes are often written ambiguously, requiring courts to interpret their meaning.
20. The right to petition for a writ of habeas corpus is not mentioned in the Constitution.
21. According to the total incorporation position, the due process clause of the Fourteenth Amendment is interpreted as including all of the provisions of the Bill of Rights.
22. William Blackstone was the first person to attempt to collect and explain judicial decisions.
23. Court pronouncements that establish precedent are known as ratio decidendi.
24. A bill of attainder is defined as legislation making prior conduct criminal.
25. Several of the American colonies had established religions.
26. The right to bear arms was an important right in the English Bill of Rights.
27. The Supreme Court has consistently ruled that the Second Amendment grants all Americans the right to bear arms.
28. The right against excessive bail has been incorporated.
29. In the judicial review of legislation involving suspect classifications, the rational basis test must be used.
30. Legislation involving fundamental rights must be reviewed according to strict scrutiny.