Constitutional Law And The Criminal Justice SySTEM

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Constitutional Law And The Criminal Justice System - Quiz

This quiz is a foundation for understanding Constitutional Law.


Questions and Answers
  • 1. 

    The first three articles of the Constitution establish:

    • A.

      Judicial activism.

    • B.

      The legislative, executive and judicial branches of government.

    • C.

      The Articles of Confederation.

    • D.

      Names of the states.

    • E.

      All of the above.

    Correct Answer
    B. The legislative, executive and judicial branches of government.
    Explanation
    The first three articles of the Constitution establish the legislative, executive, and judicial branches of government. These articles outline the powers and responsibilities of each branch and establish the system of checks and balances that ensures no single branch becomes too powerful. This answer is correct because it accurately describes the content of the first three articles of the Constitution.

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  • 2. 

    The Quartering Act

    • A.

      Paid for the British troops staying in the colonies.

    • B.

      Required colonists to feed and house British solders.

    • C.

      Established the United States Mint.

    • D.

      Created the Secret Service to combat counterfeiting.

    • E.

      All of the above.

    Correct Answer
    B. Required colonists to feed and house British solders.
    Explanation
    The correct answer is "required colonists to feed and house British soldiers." The Quartering Act was a law passed by the British Parliament in 1765 that required colonists to provide housing, food, and other provisions to British soldiers stationed in the American colonies. This act was seen as a form of taxation without representation and was one of the factors that contributed to growing tensions between the colonists and the British government, ultimately leading to the American Revolution.

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  • 3. 

    The Articles of Confederation were found to be inadequate as the foundation for an effective government because they:

    • A.

      Established a league of friendship between the states.

    • B.

      Copied the antiquated Magna Carta

    • C.

      None of these choices.

    • D.

      Lacked a balance of power between the states and the central government.

    • E.

      All of the above.

    Correct Answer
    D. Lacked a balance of power between the states and the central government.
    Explanation
    The Articles of Confederation were found to be inadequate as the foundation for an effective government because they lacked a balance of power between the states and the central government. This meant that the central government did not have enough authority to effectively govern the states and make important decisions. As a result, the states had too much power and could act independently, leading to a lack of unity and difficulty in making collective decisions. This imbalance of power ultimately hindered the effectiveness of the government under the Articles of Confederation.

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  • 4. 

    The Constitution is considered a "living law" because:

    • A.

      It has the ability to change to meet the currents.

    • B.

      Those who promulgated it were alive at the time.

    • C.

      It represented the "living tree of freedom."

    • D.

      Only political office holders can affect it.

    • E.

      All of the above.

    Correct Answer
    A. It has the ability to change to meet the currents.
    Explanation
    The Constitution is considered a "living law" because it has the ability to change to meet the currents. Unlike other laws that are static and rigid, the Constitution is designed to adapt and evolve with the changing needs and values of society. This allows it to remain relevant and effective over time. The concept of a "living tree of freedom" suggests that the Constitution is meant to be interpreted in a flexible and dynamic manner, ensuring that it can address new challenges and protect the rights and liberties of the people.

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  • 5. 

    The requirements for a fair trial are found in:

    • A.

      The Second Amendment.

    • B.

      The Sixth Amendment.

    • C.

      The Third Amendment.

    • D.

      The Second Amendment.

    • E.

      All of the above.

    Correct Answer
    B. The Sixth Amendment.
    Explanation
    The correct answer is the Sixth Amendment. The Sixth Amendment of the United States Constitution outlines the requirements for a fair trial. It guarantees the right to a speedy and public trial, an impartial jury, the right to confront witnesses, and the right to legal representation. The Second and Third Amendments are unrelated to the requirements for a fair trial, making them incorrect options. Therefore, the correct answer is the Sixth Amendment.

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  • 6. 

    The first ten amendments to the Constitution are known as the:

    • A.

      Magna Carta.

    • B.

      Articles of Confederation.

    • C.

      Constitution.

    • D.

      Bill of Rights.

    • E.

      All of the above.

    Correct Answer
    D. Bill of Rights.
    Explanation
    The first ten amendments to the Constitution are known as the Bill of Rights. These amendments were added to the Constitution to protect the individual rights and freedoms of citizens. The Magna Carta is a historical document that influenced the development of constitutional law, but it is not the correct answer in this context. The Articles of Confederation were the first governing document of the United States, but they did not include the Bill of Rights. The Constitution is the overall framework for the government, but it does not specifically refer to the first ten amendments as the Bill of Rights. Therefore, the correct answer is Bill of Rights.

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  • 7. 

    Pluralism is defined as:

    • A.

      Many people, many laws.

    • B.

      An existential framework upon which a complex set of substantive and procedural law is built

    • C.

      A liberal ideal that seeks to incorporate the thoughts and ideas of many into a single government.

    • D.

      A society in which many distinct ethnic, religious or cultural groups coexist within one nation, each contributing to the societal whole.

    • E.

      All of the above.

    Correct Answer
    D. A society in which many distinct ethnic, religious or cultural groups coexist within one nation, each contributing to the societal whole.
    Explanation
    Pluralism is defined as a society in which many distinct ethnic, religious or cultural groups coexist within one nation, each contributing to the societal whole. This definition emphasizes the coexistence and contribution of diverse groups within a single nation, highlighting the importance of inclusivity and diversity in society. It implies that a pluralistic society values and respects the thoughts, ideas, and contributions of various ethnic, religious, and cultural groups, recognizing the strength that comes from their collective existence.

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  • 8. 

    The Magna Carta:

    • A.

      Established the concept of due process in Roman law.

    • B.

      Was drafted in England after the establishment of American colonies.

    • C.

      Was relatively unimportant to the development of the American Constitution.

    • D.

      Was drafted in England prior to the establishment of American colonies.

    • E.

      All of the above.

    Correct Answer
    D. Was drafted in England prior to the establishment of American colonies.
    Explanation
    The Magna Carta was drafted in England prior to the establishment of American colonies. This document, signed in 1215, was a crucial milestone in the development of constitutional law and individual rights. It limited the power of the monarchy and established the principle that the king was subject to the law, not above it. While it did not directly influence the American Constitution, it laid the groundwork for the concept of limited government and the protection of individual liberties, making it an important historical document.

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  • 9. 

    Opponents of capital punishment most frequently cite this amendment:

    • A.

      The Sixth Amendment.

    • B.

      The Ninth Amendment.

    • C.

      The Second Amendment.

    • D.

      The Eighth Amendment.

    • E.

      All of the above.

    Correct Answer
    D. The Eighth Amendment.
    Explanation
    The Eighth Amendment is the correct answer to this question because it prohibits cruel and unusual punishment. Opponents of capital punishment often argue that it violates this amendment as they believe that the death penalty is a form of cruel and unusual punishment. This amendment serves as a basis for their opposition to capital punishment.

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  • 10. 

    The president is the commander in chief of the armed forces, but the legislative branch declares war and authorizes payment for it; this is an example of the checks and balances found in:

    • A.

      Article 5.

    • B.

      Article 6.

    • C.

      Article 2.

    • D.

      Article 3.

    • E.

      All of the above.

    Correct Answer
    D. Article 3.
    Explanation
    This question is testing knowledge of the checks and balances system in the United States government. The correct answer is Article 3 because it establishes the judicial branch of the government, which is separate from the executive branch (where the president is) and the legislative branch (which declares war and authorizes payment for it). The checks and balances system ensures that no one branch of government becomes too powerful by allowing each branch to limit the powers of the other branches.

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  • 11. 

    ___________were colonist who opposed a strong federal government.

    • A.

      Delegates

    • B.

      Federalists

    • C.

      Anti-federalist

    • D.

      Founding fathers

    • E.

      All of the above.

    Correct Answer
    C. Anti-federalist
    Explanation
    The correct answer is "Anti-federalist" because they were colonists who opposed a strong federal government. The term "Anti-federalist" refers to a group of individuals who were against the ratification of the United States Constitution in the late 18th century. They believed that a strong central government would lead to a loss of individual liberties and rights, and advocated for a more decentralized system of government with power vested in the states.

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  • 12. 

    The requirement that colonists purchase stamps to be placed on legal documents was known as:

    • A.

      Judicial activism.

    • B.

      A compact.

    • C.

      The Quartering Act.

    • D.

      The Stamp Act.

    • E.

      All of the above.

    Correct Answer
    D. The Stamp Act.
    Explanation
    The correct answer is the Stamp Act. The Stamp Act was a law passed by the British Parliament in 1765 that required colonists to purchase special stamps to be placed on legal documents, newspapers, and other printed materials. This act was a way for the British government to generate revenue from the colonies and assert its authority over them. The Stamp Act was met with widespread opposition and protests from the colonists, who saw it as a violation of their rights and an unfair burden. Ultimately, the Stamp Act was repealed in 1766 due to the pressure and resistance from the colonists.

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  • 13. 

    How the Constitution may be amended is found in:

    • A.

      Article 3.

    • B.

      Article 6.

    • C.

      Article 2.

    • D.

      Article 5.

    • E.

      All of the above.

    Correct Answer
    D. Article 5.
    Explanation
    Article 5 of the Constitution explains how the Constitution may be amended. It outlines the process for proposing and ratifying amendments, which involves either a two-thirds majority vote in both houses of Congress or a constitutional convention called by two-thirds of the state legislatures. Once an amendment is proposed, it must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states. Therefore, Article 5 is the correct answer as it specifically addresses the amendment process in the Constitution.

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  • 14. 

    "Law" can be defined as:

    • A.

      Contributions from representatives of the pluralistic union formatting what was to become the United States of America.

    • B.

      A compact or charter.

    • C.

      A body of rules promulgated to support societal norms, enforced through legal consequences.

    • D.

      A conceptual framework.

    • E.

      All of the above.

    Correct Answer
    C. A body of rules promulgated to support societal norms, enforced through legal consequences.
    Explanation
    The correct answer is "a body of rules promulgated to support societal norms, enforced through legal consequences." This definition accurately captures the essence of law as a system of rules that are created and enforced by a governing authority to maintain order and regulate conduct within a society. It highlights the role of law in upholding societal norms and the consequences that individuals may face if they fail to comply with these rules.

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  • 15. 

    Constitutionalism refers to a government in which power is distributed and limited by a system of laws that must be obeyed by those who rule.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    Constitutionalism is a political philosophy that emphasizes the importance of a constitution as the supreme law of the land. It advocates for a government where power is not concentrated in the hands of a few individuals, but rather distributed and limited by a system of laws. These laws must be followed by those in positions of authority. Therefore, the statement that constitutionalism refers to a government in which power is distributed and limited by a system of laws that must be obeyed by those who rule is true.

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  • 16. 

    As a check against judicial power, Congress is authorized to regulate the courts' dockets by deciding what kinds of cases the Supreme Court may hear on appeal.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    Congress has the authority to regulate the dockets of the courts and determine the types of cases that the Supreme Court can hear on appeal. This serves as a check against judicial power, as it allows Congress to have some control over the cases that reach the Supreme Court. By deciding which cases can be heard on appeal, Congress can influence the types of legal issues that the Supreme Court addresses, thereby limiting the Court's power and ensuring a balance of power between the legislative and judicial branches.

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  • 17. 

    A charter is a document establishing how a community or colony chooses to govern itself.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The given statement is false. A charter is not a document establishing how a community or colony chooses to govern itself. Instead, a charter refers to a legal document that grants certain rights, powers, or privileges to an individual, organization, or entity. It is commonly used to establish corporations, universities, or municipalities. Therefore, the correct answer is false.

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  • 18. 

    The Mayflower Compact is considered to be the first formal attempt at self-government by the colonists.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The Mayflower Compact was signed by the Pilgrims aboard the Mayflower ship in 1620. It was a written agreement that established the framework for self-government and the creation of laws for the Plymouth Colony. This document is significant because it represents the colonists' desire to govern themselves and make decisions collectively, rather than being subject to the rule of a monarch or other authority. Therefore, it is considered the first formal attempt at self-government by the colonists in America.

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  • 19. 

    The Constitution and Bill of Rights abolished slavery.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The Constitution and Bill of Rights did not abolish slavery. In fact, the original Constitution protected the institution of slavery by counting enslaved people as three-fifths of a person for the purposes of representation and taxation. It wasn't until the passage of the Thirteenth Amendment in 1865, after the Civil War, that slavery was officially abolished in the United States. Therefore, the statement is false.

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  • 20. 

    A legal system used in the U.S. which place one party against another to resolve a legal issue, stipulating that only in an actual conflict will a judicial body hear the case.

    • A.

      Codified law

    • B.

      Common law system

    • C.

      Adversarial judicial system

    • D.

      Case law system

    • E.

      All of the above.

    Correct Answer
    C. Adversarial judicial system
    Explanation
    The correct answer is adversarial judicial system. This legal system used in the U.S. involves placing one party against another to resolve a legal issue. It stipulates that a judicial body will only hear the case if there is an actual conflict. This system relies on the opposing parties presenting their arguments and evidence to the court, and the judge or jury making a decision based on the merits of the case.

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  • 21. 

    The only courts that can hear specific cases.

    • A.

      General jurisdiction

    • B.

      Limited jurisdiction

    • C.

      Concurrent jurisdiction

    • D.

      Exclusive jurisdiction

    • E.

      All of the above.

    Correct Answer
    D. Exclusive jurisdiction
    Explanation
    Exclusive jurisdiction refers to the authority of a particular court to hear and decide on specific cases to the exclusion of all other courts. This means that only the court with exclusive jurisdiction has the power to handle those particular cases, and no other court can intervene or take over. Therefore, the correct answer is exclusive jurisdiction.

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  • 22. 

    Two or more courts authorized to hear a specific type of case.

    • A.

      General jurisdiction

    • B.

      Limited jurisdiction

    • C.

      Concurrent jurisdiction

    • D.

      Exclusive jurisdiction

    • E.

      All of the above

    Correct Answer
    C. Concurrent jurisdiction
    Explanation
    Concurrent jurisdiction refers to the situation where two or more courts have the authority to hear a specific type of case. This means that multiple courts have the power to handle the same type of legal matter. In such cases, the parties involved in the case have the option to choose which court they want to proceed with. This allows for flexibility and multiple options for resolving the legal matter.

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  • 23. 

    Courts have the ability to hear a wide range of cases.

    • A.

      General jurisdiction

    • B.

      Limited jurisdiction

    • C.

      Concurrent jurisdiction

    • D.

      Exclusive jurisdiction

    • E.

      All of the above.

    Correct Answer
    A. General jurisdiction
    Explanation
    Courts with general jurisdiction have the authority to hear a wide range of cases, including both civil and criminal matters. This means that they can handle cases that fall within their jurisdictional boundaries, regardless of the subject matter or the parties involved. General jurisdiction courts are typically higher-level courts and have the power to make final decisions on cases. Unlike courts with limited or exclusive jurisdiction, which are restricted to specific types of cases or parties, courts with general jurisdiction have a broader scope and can handle a variety of legal disputes. Therefore, the correct answer is general jurisdiction.

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  • 24. 

    Restriction of the types of cases a particular court might hear.

    • A.

      General jurisdiction

    • B.

      Limited jurisdiction

    • C.

      Concurrent jurisdiction

    • D.

      Exclusive jurisdiction

    • E.

      All of the above

    Correct Answer
    B. Limited jurisdiction
    Explanation
    Limited jurisdiction refers to the restriction of the types of cases that a particular court can hear. This means that the court only has authority over certain types of cases, such as small claims or traffic violations, and does not have the power to hear all types of cases. This is in contrast to general jurisdiction, which allows a court to hear a wide range of cases, and concurrent jurisdiction, which means that multiple courts have the authority to hear the same types of cases. Exclusive jurisdiction means that only one court has the authority to hear a particular type of case.

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  • 25. 

    Law specifically set fort in organized, structured codes such as the U. S. Criminal code, state statutes or local ordinances.  Also called statutory law.

    • A.

      Codified law

    • B.

      Common law

    • C.

      Case law

    • D.

      Comparative law

    • E.

      All of the above.

    Correct Answer
    A. Codified law
    Explanation
    The correct answer is codified law. Codified law refers to laws that are specifically set forth in organized, structured codes such as the U.S. Criminal code, state statutes, or local ordinances. It is also known as statutory law. This type of law is different from common law or case law, which are based on judicial decisions and precedents. Comparative law, on the other hand, is the study of different legal systems and how they compare to each other.

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  • 26. 

    Invoked when a case comes to court too soon, preventing the court from getting prematurely involved in a case may eventually resolve through other measures.

    • A.

      Consensus theory

    • B.

      Mootness

    • C.

      Ripeness doctrine

    • D.

      Conflict theory

    • E.

      All of the above.

    Correct Answer
    C. Ripeness doctrine
    Explanation
    The ripeness doctrine is the correct answer because it refers to a legal principle that determines when a case is ready to be heard in court. It states that a case should not be heard prematurely, but rather when all necessary facts and issues have been fully developed. This prevents the court from getting involved too soon and allows for other measures, such as negotiation or settlement, to potentially resolve the case before it goes to court. The other options, consensus theory, mootness, and conflict theory, are not directly related to the concept of ripeness doctrine.

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  • 27. 

    The geographical area in which a specific case may come to trial and the area from which the jury is selected.

    • A.

      Jurisdiction

    • B.

      Common law

    • C.

      Standing

    • D.

      Venue

    • E.

      All of the above

    Correct Answer
    D. Venue
    Explanation
    Venue refers to the geographical area where a specific case may be tried and the location from which the jury is selected. It determines the appropriate court or jurisdiction where the case will be heard. This term is commonly used in legal proceedings to ensure that the trial takes place in a fair and convenient location for all parties involved.

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  • 28. 

    Changes to a contitution or bylaws.

    • A.

      Pluralism

    • B.

      Law

    • C.

      Charters

    • D.

      Amendments

    • E.

      All of the above

    Correct Answer
    D. Amendments
    Explanation
    Amendments refer to changes made to a constitution or bylaws. In this context, pluralism, law, charters, and amendments are all related to the process of making changes to a constitution or bylaws. Therefore, "all of the above" is the correct answer as it encompasses all the given options.

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  • 29. 

    A system of basic laws and principles that establish the nature, functions and limits of a government or other institution.

    • A.

      Constitution

    • B.

      Pluralism

    • C.

      Compacts

    • D.

      Constitutionalism

    • E.

      All of the above

    Correct Answer
    A. Constitution
    Explanation
    A constitution is a system of basic laws and principles that establish the nature, functions, and limits of a government or other institution. It serves as a framework for governing and provides a set of rules and principles that guide the actions and decisions of those in power. A constitution is essential for ensuring the proper functioning and balance of power within a government or institution. It establishes the rights and responsibilities of citizens and provides a basis for resolving disputes and maintaining order. Constitutionalism refers to the adherence and respect for the principles and provisions outlined in a constitution.

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  • 30. 

    A society in which numerous distinct ethnic, religious or cultural groups coexist with one nation, each contributing to the society as a whole.

    • A.

      Constitution

    • B.

      Pluralism

    • C.

      Constitutionalism

    • D.

      Compacts

    • E.

      All of the above

    Correct Answer
    B. Pluralism
    Explanation
    Pluralism refers to a society where multiple diverse ethnic, religious, or cultural groups coexist within a single nation and contribute to the overall society. This concept emphasizes the acceptance and recognition of different identities and the belief that these various groups can live harmoniously together. Pluralism promotes inclusivity, diversity, and equal rights for all individuals, fostering a society that values and appreciates different perspectives and cultures. Therefore, the term "pluralism" accurately describes a society in which numerous distinct ethnic, religious, or cultural groups coexist and contribute to the society as a whole.

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  • Mar 22, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Aug 13, 2009
    Quiz Created by
    Williamscjw
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