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Review for Judicial Branch

Total questions: 40

Worksheet time: 33mins

Name
Class
Date
1.

Read the excerpt from the student text, then answer the question. "...that no person be denied access to or refused service in various 'public accomodations' -- hotels, motels, restaurants, theaters, and like -- because of race, color, religion, national origin, or physical disability." -- Civil Rights Act of 1964, Title II


This Section of the Civil Rights Act of 1964 was passed because Congress was able to base it on

a)

the case of Brown v. Board of Education.

b)

the commerce power.

c)

the 14th Amendment's Equal Protection Clause.

d)

anti-trust laws.

2.

Which of the following is true of Title IX

a)

It determines how parochial schools may charge tuition.

b)

It has virtually elimited segregation related to housing in the United States.

c)

It fails to enure that women receive equal treatment.

d)

It applies to all public and private schools that receive federal funds.

3.

What is the central legal reason for why gender discrimination cases are different from racial discrimination?

a)

The Constitution makes little specific reference to gender.

b)

Gender discrimination is easier to prove in court.

c)

Men have long been perceived in the United States as the primary workers and earners.

d)

Fewere judges are willing to hear gender discrimination cases.

4.

The case of Loving v. Virginia in 1967, which struck down statutes forbidding interracial marriages is an example of

a)

a de facto segregation law.

b)

a rational basis test regarding how States view race.

c)

The Supreme Court taking a leading role in desegregation.

d)

The Supreme Court challenging the purpose of the 14th Amendment.

5.

The rational basis test

a)

examines classifications made by the government.

b)

defines how majority groups should be treated under the law.

c)

ensures that not all sex-based discriminations are unconstitutional.

d)

protects the government from lawsuits related to the 14th Amendment.

6.

Chief Justice Fred Vinson used _________ to justify the Opinion of the Court in the Sweatt v. Painter case of 1950.

a)

13th Amendment

b)

Civil Rights Act

c)

Due Process Clause of the 5th Amendment

d)

Equal Protection Clause of the 14th Amendment

7.

The following are "Milestones in the Fight Against Gender Discrimination." Which event belongs in the blank: Seneca Falls "Declaration of Sentiments"; Equal Pay Act of 1963; ___________________; Lily Ledbetter Fair Pay Act.

a)

19th Amendment

b)

Civil Rights Act of 1964

c)

Voting Rights Act of 1965

d)

Equal Rights Amendment

8.

Which of the following is an example of discrimination against Asian Americans

a)

minority group with the least diversity

b)

wrote the Seneca Falls "Declaration of Sentiments"

c)

largest minority group in the United States

d)

came to the United States to work in mines and building railroads.

9.

Native Americans faces systemic elimination by white settlers as they moved west.

a)

True

b)

False

10.

Which of the following is the best reason why the Civil War did not completely end racial segregation in America?

a)

The Thirteenth Amendment, which ended slavery, was not ratified until a decade after the war ended.

b)

The Civil War era lacked the powerful, bold leaders that later generations had, such as Martin Luther King, Jr.

c)

Racial attitudes and policies had been a part of American life for a long time and were not going to change easily.

d)

The Civil War mostly impacted the southern states that seceded and formed the Confederacy, racist attitudes continued to persist in the North.

11.

What was the impact of the Immigration Act of 1990?

a)

doubled the size of Border Patrol

b)

outlawed the hiring of illegal immigrants

c)

increased the number of immigrants allowed yearly.

d)

suspended deportation of children of illegal immigrants.

12.

Ellis Island is a representation of the idea that

a)

all Americans are created equal.

b)

the United States is a nation of immigrants.

c)

America is the need of meaningful immigration reform.

d)

citizens of the United States are entitled to the protection of its laws.

13.

If an unmarried 28 year old American woman gives birth to a daughter working abroad. Her daughter is an American citizen as long as the woman

a)

has lived in the United States for at least 5 years.

b)

was born in the United States, its territories, a US embassy, or US public vessel.

c)

gets married to a United States citizen who has lived in the United States or an American territory for a period of time.

d)

has lived in the United States for at least 5 years and raises her daughter in the United States for at least 5 years after her daughter turns 14.

14.

A writ of habeus corpus is a

a)

court order preventing an unjust arrest or imprisonment

b)

legislative act that inflicts punishment without a coutt trial.

c)

law applied to an act committed before the law was passed.

d)

formal complaint to a grand jury that accuses someone with a crime.

15.

The ruling in Miranda v. Arizona is based on

a)

right of privacy.

b)

right to trial by jury.

c)

guarantee against self-incrimination.

d)

security of home and person.

16.

In the case of Stanley v. Georgia the Court sought to

a)

limit the power of the police to conduct searches.

b)

link the right of privacy to the original intention of the Framers of the Constitution.

c)

deal with the government's power of eminent domain.

d)

emphasize the government's authority to conduct drunk driving tests, later applied in Shmerber v. California.

17.

Which of the following would be an unconstitutional violation of rights according to the text.

a)

The police arrest a group of civil rights activists who have commited an act of civil disobedience.

b)

the local authorities refuse to issue a parade permit to a group who wants to march past a school during school hours.

c)

the police arrest a man for giving a speech that urges the violent overthrow of the government.

d)

the authorities refuse to give a demonstration permit to a group that wants to hold a rally promoting racist beliefs.

18.

What must the Federal government due in order to exercise eminent domain

a)

get permission from the State government.

b)

provide fair compensation to the owners of any property taken.

c)

secure permission of the original owners of the property.

d)

do so only in the case of a national emergency.

19.

Which of the following is a violation of procedural due process?

a)

The law requires all citizens to show a form of photo ID when applying for a job.

b)

A police department has an official policy that it will not hire women to drive patrol cars.

c)

A person is sent to prison without first being advised of what crime he or she has committed.

d)

A government agency requires all of its employees to belong to a specific political party.

20.

How do 1st Amendment protections of freedom of assembly apply to private versus public property?

a)

The constitutional right to assemble peacefully is a protected right on both private and public property.

b)

There is no constitutional right to assemble on private property, but peaceful assembly on public property is a protected right.

21.

How do the free speech protections of the 1st Amendment apply to radio and television broadcasts compard to other types of media?

a)

Broadcasts have the same strong protections given the newspapers and books.

b)

Broadcasts have the same limited protections as the motion picture industry.

c)

Broadcasts have very limited protections-- less than newspapers and fimls.

d)

Broadcasts have no protections und the 1st Amendment because they use public property.

22.

Which statement BEST expresses what the Supreme Court is saying about freedom of expression in the case of West Virginia Education v. Barnette?

a)

Freedom of expression must first pass a test based on political and religious standards before it is acceptable.

b)

Freedom of expression means that people cannot be required to say or believe in specific political or religious ideas.

c)

Freedom of expression is fine as long as the ideas being expressed deal with personal opinions rather than important topics.

d)

Freedom of expression needs to take into account the political and religious beliefs of others so that it is not offensive.

23.

In the case of Texas v. Johnson (buring a flag to make a statement) and Virginia v. Black (buring a cross to scare someone) the Court ruled

a)

Burning an American flag is a form of free expression; Burning a cross is also a form of free expression

b)

Burning an American flag is not a form of free expression; Burning a cross is also not a form of free expression.

c)

Buring an American flag is not a form of free expression; Buring a cross is a form of free expression.

d)

Buring an American flag is a form of free expression. Burning a cross is not a form of free expression.

24.

Which constitutional clause is used as the basis for the separation of church and State at the federal level of the US government?

a)

Due Process Clause

b)

Establishment Clause

c)

Free Exercise Clause

d)

Taking Clause

25.

How has the Lemon test affected the Supreme Court rulings about public aid to church-related schools?

a)

The Court has used the Lemon test to ban all public funding to religiously affiliated schools.

b)

The Court has interpreted the Lemon test in a way that allows most public funding of religous schools to continue.

c)

The Court has used the Lemon test to rule that most public aid to relgious schools is unconstitutional.

d)

The Court has abandoned the Lemon test in recent rulings and is establishing a new standard.

26.

Many states refused to ratify the Constitution unless

a)

it established a one-house legislature with each State equally represented.

b)

Congress promised to ban the slave trade at once.

c)

a general listing of rights of the people were added to it.

d)

it stipulated that the provisions of the Bill of Rights would apply to both the States and the National Government.

27.

The States have been required to change their law enforcement policies to protect criminal defendants.

a)

True

b)

False

28.

Which is MOST LIKELY to happen if a State passed a law eliminating jury trials as a cost-saving measure?

a)

The Federal Government would eventually pass a similar law.

b)

The Supreme Court would uphold this decision.

c)

The principle of federalism would be threatened.

d)

The law would be declared unconstitutional.

29.

"Congress created the United States Tax Court in 1969 as 'an independent judicial body' in the legislative branch." Based on theis exerpt from the text, for what reason is the US Tax Court not considered part of the Federal Court System?

a)

Taxation is both a federal and a State issue

b)

Tax Court judges are not nominated by the President

c)

There are no juries selected during hearings.

d)

The US Tax Court handles only civil cases.

30.

A case involving a contractor based in Washington, DC, disputing a building regulations in the US Virgin Islands would come und the jurisdiction of which of the following?

a)

The United States Tax Courts

b)

The territorial courts

c)

The Distrcit of Columbia Courts

d)

The United States Supreme Court

31.

Which of the following cases would not be tried in a US district court?

a)

a gang charged with robbing several stores at a shopping mall.

b)

a company sending out deceptive information through the mail.

c)

a corporation seeking financial protection because it has no money.

d)

a political group charged with setting off an explosion at a national monument.

32.

Charles Evans Hughes said dissenting opinions were "an appeal to the brooding spirit of the law, to the intelligence of a future day." What did he mean?

a)

Justices who dissent are less intelligent than the majority of the court.

b)

Justices who dissent are considering the precedents set by past decisions.

c)

Justices who dissent often feel angry about how the majority of the Court interprets teh law.

d)

Justices who dissent may think that future generations will see the issue differently.

33.

When a case is appealed to the Supreme Court it can do one of three things: allow the lower court ruling to stand; ___________; or decide to try the case.

a)

Declares the law involved in the case to be unconstitutional.

b)

Sends the case to Congress to decide on the legality of the law involved.

c)

Sends the case back to the lower court for reconsideration.

d)

Passes the case on to a higher court.

34.

In The Federalist No. 78, Alexander Hamilton, refers to interpretation of the law. and that the measure ought to be the Constitution over statute. To which concept is he referring?

a)

judicial review

b)

federalims

c)

limited government

d)

popular sovereignty

35.

What is the position of Chief Justice Charles Evans Hughes (1930-1941)

a)

judicial activism, because it suggests the Constitution is the law of the land.

b)

judicial restraint, because it says the nation is ruled by the Constitution.

c)

judicial activism, because it says the courts interpret the Constitution.

d)

judicial restraint, because it says the courts safeguard our liberty.

36.

How are federal judges selected?

a)

The person is named to the bench by the President and confirmed by the Senate.

b)

The person is named to the bench by the President and does not need to be confirmed.

c)

The person is publicly elected to the bench and confirmed by the Senate.

d)

The person is nominated by the Senate and chosen by the President.

37.

In a patent case being heard for the first time, this is an example of

a)

concurrent jurisdiction

b)

exclusive jurisdiction

c)

appellate jurisdiction

d)

local jurisdiction

38.

Which of these cases would be tried in a federal case?

a)

A trio of men rob a bank in Vermont but aren't arrested until after having fled to Maine.

b)

A resident of Oregon accusses a resident of Florida of stealing $50,000.

c)

A thief is arrested immediately after robbing a couple vacationing in Chicago.

d)

A woman buys a bicycle froma neighborhood shop and later claims it is defective.

39.

Why did the Constitution provide for two separate court systems?

a)

to keep the federal court system from being overwhelmed.

b)

to establish the federal court system as having more power than State courts.

c)

To maintain a balance of power between the Federal Government and States.

d)

To strengthen the balance of power between the three branches of Federal Government.

40.

What did Hamilton mean when he made the following statement?

"Laws are a dead letter without courts to expound and define their true meaning and operation." -- Alexander Hamilton

a)

For laws to be effective, there must be courts to make them known to citizens consistently.

b)

For laws to be effective, there must be courts to interpret them consistently.

c)

Laws that are not obeyed should be repealed by the courts.

d)

Laws that are not obeyed should be enforced by the courts.