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Constitutional Law and Ethics

You have one hour and thirty minutes to complete this test.  Sometimes responding to essay questions first helps to focus our minds on the topic.  Read the essay questions before beginning the test and decide if you want to tackle it first.
True/False (2 points per question)
Indicate whether the sentence or statement is true or false.
 

 1. 
A group of laws put together in an organized form is called a statute.
 

 2. 
The Supreme Court of the United States is the final interpreter of the federal Constitution.
 

 3. 
Administrative agencies are usually controlled by the judicial branch of the government.
 

 4. 
The Uniform Commercial Code (UCC) is a federal statute.
 

 5. 
The system of law in the United States is based on the English common law.
 

 6. 
The doctrine of stare decisis requires lower courts to follow established case law in deciding similar cases.
 

 7. 
A regulation made by a federal agency does not have the same effect as a law made by Congress.
 

 8. 
Even though political parties are very important in the selection of candidates for federal offices, they are not mentioned in the Constitution.
 

 9. 
The right of privacy is not specifically mentioned in the Constitution or the Bill of Rights.
 

Multiple Choice (1 point per question)
Identify the letter of the choice that best completes the statement or answers the question.
 

 10. 
The power to decide a case is termed
a.
fiat.
c.
sanction.
b.
the long arm of the law.
d.
jurisdiction.
 

 11. 
When Dorothea moved into her community and wanted to start a home-based business, the city required her to purchase a $20 permit and to register her business name with the local county government. This situation is an example of a(n)
a.
ordinance.
c.
administrative law.
b.
constitutional law.
d.
criminal law.
 

 12. 
Which type of law allows for flexibility within a legal system?
a.
jurisdictional law
c.
positive law
b.
common law
d.
sovereign law
 

 13. 
Governing rules and regulations passed by a city council or county government are referred to as
a.
statutes.
c.
case law.
b.
ordinances.
d.
promulgations.
 

 14. 
Which of the following is true regarding federal case law?
a.
created by legislature
b.
created after a trial has ended and one of the parties appeals case to a higher court
c.
created by the judicial branch
d.
both b and c
 

 15. 
In order to provide stability to a legal system, courts use prior cases as a guide for deciding similar new cases. These prior cases are known as
a.
precedents
c.
jurisdiction.
b.
equity.
d.
statutes.
 

 16. 
At what level are laws created in the United States?
a.
federal government
c.
local government
b.
state government
d.
all of these
 

 17. 
Raye and Yasmin own and operate a trucking company in which they transport goods and supplies from their home state to 43 other states in the United States. Who has the power to provide regulations that Raye and Yasmin must follow in their type of commerce?
a.
federal government
c.
local government
b.
state government
d.
both a and b
 

 18. 
The division of powers between people and their governments protecting U.S. citizens from government actions is set forth in the
a.
U.S. Constitution.
b.
Bill of Rights.
c.
first ten amendments of the U.S. Constitution.
d.
both b and c.
 

 19. 
The document that sets forth the framework of a government and its relationship to the people it governs is
a.
the Bill of Rights.
c.
a constitution.
b.
an ordinance.
d.
the Uniform Commercial Code.
 

 20. 
If a state constitution and the U.S. Constitution conflict, which prevails?
a.
the U.S. Constitution
b.
the state constitution
c.
neither prevails—the matter is referred to Congress
d.
neither prevails—the matter is referred to the President
 

 21. 
The third stage in the growth of law is
a.
personal revenge.
b.
substitution of damages for revenge.
c.
leader or central authority gives power to a system of courts.
d.
leader or central authority sets down a constitution.
 

 22. 
Which of these is based on the current standards or customs of the people?
a.
civil law
c.
codes
b.
positive law
d.
common law
 

 23. 
An open, peaceful violation of a law to protest its alleged, or supposed, injustice is referred to as
a.
political protest.
c.
civil disobedience.
b.
civil riot.
d.
ethical posturing.
 

 24. 
Which of these terms describes using prior cases as a guide for deciding similar new cases?
a.
injunction
c.
precedent
b.
code
d.
jurisdiction
 

 25. 
The subject area of business law would include which of the following topics?
a.
commercial torts
c.
criminal conspiracies to fix prices
b.
contracts
d.
all of the above
 

 26. 
The U.S. Constitution provided that persons may not be deprived of the following without due process of law:
a.
life, liberty, or property.
b.
food, clothing, and shelter.
c.
health, happiness, and prosperity.
d.
life, liberty, or the pursuit of happiness.
 

 27. 
If convicted under due process of law, a criminal may be deprived of
a.
liberty, by imprisonment.
b.
property, by fine or order to make restitution.
c.
life, by execution.
d.
all, or a combination, of these.
 

 28. 
Under the Constitution, our federal government is a
a.
republic, or representative democracy.
b.
two-political-party balance of interests and power.
c.
democracy, tainted by special interests.
d.
pure democracy.
 

 29. 
Which of the following areas of law is primarily a concern and responsibility of individual state governments?
a.
interstate commerce law
c.
import and export law
b.
business and contract law
d.
military and national defense law
 

 30. 
Which amendment to the U.S. Constitution abolished slavery?
a.
First
c.
Fourteenth
b.
Thirteenth
d.
none of the above
 

 31. 
Which federal agency is charged with the responsibility of preserving employees' rights to join labor unions and participate in collective bargaining?
a.
Interstate Commerce Agency
c.
Federal Labor Agency
b.
Federal Trade Agency
d.
none of the above
 

 32. 
Roland and Vivian prefer to practice religion privately in their home with family and a few close friends. What protects Roland and Vivian's religious freedom?
a.
Fifth amendment to the U.S. Constitution
b.
Preamble to the U.S. Constitution
c.
First Amendment to the U.S. Constitution
d.
none of the above
 

 33. 
Personal, natural rights guaranteed by the Constitution are known as
a.
legal rights.
c.
peripheral rights.
b.
civil rights.
d.
due process rights.
 

 34. 
The three branches of the U.S. government are
a.
President, Congress, and Supreme Court.
b.
President, House of Representatives, and Senate.
c.
executive, legislative, and judicial.
d.
President, Vice President, and Supreme Court.
 

Matching
 
 
Place the correct letter in the blank box next to the question. (Two points per question)
a.
Amendment I
f.
Amendment VI
b.
Amendment II
g.
Amendment VII
c.
Amendment III
h.
Amendment VIII
d.
Amendment IV
i.
Amendment IX
e.
Amendment V
j.
Amendment X
 

 35. 
This Amendment limits police power concerning search and seizure.
 

 36. 
This Amendment states that no person shall be forced to be a witness against himself.
 

 37. 
This Amendment guarantees free speech, religion, and the right to assemble.
 

 38. 
This Amendment protects against cruel and unusual punishment.
 

 39. 
This Amendment guarantees the right to bear arms.
 

 40. 
This Amendment protects against the use of property by the militia or army during times of peace.
 

 41. 
This Amendment guarantees the right to a speedy trial and counsel.
 

 42. 
This Amendment allows for a trial by jury in civil cases.
 



 
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