American Government- Unit 3

The Constitution gives Congress the power to create federal courts lower than the Supreme Court. higher than the Supreme Court. equal to the Supreme Court. unaffected by the Supreme Court.

During criminal cases, which are guaranteed by the Constitution? judges and lawyers trials and juries judges and trials justices and lawyers

In terms of jurisdiction, the Supreme Court has executive and appellate. original and appellate. legislative and original. original and executive.

Which would most likely fall under the original jurisdiction of the Supreme Court? a case involving the laws of a single state a case between two companies a case appealed from a lower court a case between two states

Which case would the Supreme Court hear through its original jurisdiction power? a state that sues another for violating interstate trade a man convicted of a crime based on false evidence a teacher prohibited from praying in a school cafeteria a reporter whose First Amendment rights are violated

The selection of federal judges by the executive branch is an example of checks and balances. original jurisdiction. advice and consent. appellate jurisdiction.

The judicial branch has the power to try criminal cases by

The Supreme Court is best characterized as a federal court. an appellate court. a judicial court. a inferior court.

In which jurisdiction would further review of a federal court decision fall under? original appellate superior state

Which is a true statement about federal judges? They are appointed by the Senate. They serve five-year terms. They are approved by the Supreme Court. They serve lifetime terms.

What was the purpose of the Judiciary Act of 1789? It created the state court system. It created a federal court system. It created the judicial branch. It created the Supreme Court.

Before McCulloch v. Maryland went to court, the state of Maryland argued that James McCulloch must pay federal taxes. created the first federal bank in the state. said that only state banks were allowed within Maryland's borders. passed a law that required federal banks to pay state taxes.

Which is an example of federal supremacy? State banks must pay taxes to the more powerful federal government. The Supreme Court can decide whether a law or act is constitutional. Congress has powers that are not specifically outlined in the Constitution. A state is not allowed to tax federal money because federal law is superior.

Which is the best definition of "supremacy"? highest authority limitless power superior judgment greater aptitude

How might the decision in McCulloch v. Maryland make future Supreme Court decisions more complicated? The principle of federal supremacy meant the Court would more often rule in favor of federal powers over those of individual states. The principle of implied powers meant the Court could rule based on what it felt was right rather than basing its decisions on the Constitution. The principle of implied powers meant the Court might spend more time interpreting the Constitution rather than simply following it to the letter. The principle of federal supremacy meant the Court would have to determine new limits on the federal government's power.

What was a result of Gibbons v. Ogden? Aaron Ogden got permission to operate his steamboats in New York. Thomas Gibbons was allowed to operate his steamboats in New York. Thomas Gibbons won a federal license to operate his steamboats. Aaron Ogden maintained a monopoly on steamboat operation in New York.

An implied power is one that is clearly outlined in the Constitution. gives the Supreme Court power to revise the Constitution. overrules the wording of the Constitution. is suggested by the Constitution.

Who was involved in the case of Gibbons v. Ogden? two competing owners of steamboat companies a steamboat owner and the federal government two steamboat owners who didn't want to pay federal taxes two steamboat owners who argued with federal law

Review this quote from the decision in Marbury v. Madison. It is emphatically the province and duty of the Judicial Department to say what the law is. How does this excerpt summarize the case? It explains why the Supreme Court ruled in favor of William Marbury in the case of Marbury v. Madison. It explains that the Supreme Court should decide whether a law or action is constitutional. It explains why the judicial department ruled that the Judiciary Act of 1789 was constitutional. It explains that the judicial department has powers that go beyond the limits of the Constitution.

What was James Madison's position regarding the Supreme Court ruling in Marbury v. Madison? He agreed that the Judiciary Act of 1789 was constitutional. He opposed the Supreme Court ruling in Marbury v. Madison. He believed the Supreme Court should consider Marbury's case. He supported the Supreme Court ruling in Marbury v. Madison.

Courts of general jurisdiction typically have a judge and jury. a judge only. a jury only. a panel of judges.

A losing party in a federal trial court can appeal to the US Supreme Court. appeal to a higher federal court. ask for a retrial in the same court. ask for a different judge in the same court.

Before a case can be heard in a state high court, it must go through a jury trial. go through a selection process. be decided by a panel of judges. be decided by a single judge.

US District Courts hear federal cases involving state and local issues. civil and state issues. civil and criminal issues. criminal and international issues.

A dispute over a contract between two people in the same city would most likely be heard first in a federal trial court. a federal appellate court. a state trial court. a state appellate court.

If a person in Idaho buys a faulty camera from a company in Texas, which court would most likely handle the case first? a state trial court in Idaho a state appellate court in Texas a federal trial court a federal appellate court

A landlord who sues a tenant for unpaid rent would most likely take the case to family court. appellate court. small claims court. common pleas court.

A person who is not satisfied with an appellate court's decision can take the case to another state's court. can take the case to a different trial court. can take the case to a higher court. can take the case to a federal court.

Which steps make up the judicial process in the federal court system? assigning jurisdiction, selecting a jury, appealing the case assigning jurisdiction, selecting a jury, making a decision assigning jurisdiction, making a decision, appealing the case assigning jurisdiction, selecting a jury, going to court

A main difference between state and federal courts is state courts try disputes between states, while federal courts try cases between citizens of a state. state courts try cases between citizens of a state, while federal courts try disputes between states. state courts consider the facts and law in making a decision, while federal courts consider the law, facts, and precedents. state courts consider the facts and precedents in a decision, while federal courts consider the law, facts, and precedents.

What is the purpose of the establishment clause? to give citizens the right to form religious groups to stop government from supporting one religion to give government power to choose a state religion to stop citizens from practicing religion in public

Senator Quintero donates money to his local church from his personal checking account. Senator Kleinman donates money from a federally funded account to her church. Based on this scenario, which senator is in violation of the establishment clause? They are both in violation because government officials are not allowed to donate to one religion Senator Quintero is in violation because he donated a large amount of money to the church. Senator Kleinman is in violation because she took the money from a federally funded account. Neither senator is in violation because they have the right to donate to any religious group.

In Engel v. Vitale, why did the courts rule that prayer in schools was unconstitutional? The prayer took time away from instruction. The prayer was considered a religious activity. The prayer promoted one religion. The prayer was required in the school.

Why was freedom of religion added to the First Amendment? The colonists wanted prayer taken out of schools. The colonists suffered persecution for their religious beliefs. The colonists wanted Catholicism to be the country's main religion. The colonists thought the government needed to have religious control.

What is true of a non-denominational activity? It supports a particular religion. It does not support any religion. It operates on private property. It separates from religious traditions.

Courts that use a landmark case as precedent for a decision are using an earlier case as a guide. changing the previous case's decision. using a third party to review the case. sending the case to a higher court for review.

According to the precedent, Santa Fe School District v. Doe, a teacher who allows a student to lead a prayer at a high school baseball game would most likely be ruled unconstitutional, because the game is affiliated with the school. unconstitutional, because a church didn't authorize the prayer. constitutional, because students have the right to practice religion. constitutional, because people pay taxes and fund the public schools.

The establishment clause would prevent a church from being built in a Jewish area the mayor's office from displaying a cross a citizen from placing a religious scene in a business the president from having a Christmas party at home

The First Amendment guarantees due process of law. religious freedom. the right to a fair trial. the right to bear arms.

An activity passes the "Lemon Test" if it is not secular, biased, or entangled. secular, biased, and free of entanglement. secular, neutral, and free of entanglement. not secular, neutral, or free of entanglement.

The government tried to stop the New York Times from publishing classified material by using a concept known as the Espionage Act. prior restraint. symbolic speech. clear and present danger.

Though the outcomes of Schenck and New York Times differed, what did these decisions have in common? The government has a heavy burden to prove harm. The government can limit speech that causes harm. The government has unlimited power to limit speech. The government must follow the First Amendment.

Freedom of speech can be limited or restricted in cases involving

In Tinker v. Des Moines, why was it considered protected speech for students to wear armbands? Their action did not negatively influence other students. Their action was not disruptive. Their action occurred off school grounds. Their action was political speech.

The events surrounding Tinker v. Des Moines involved a school, so why did the First Amendment apply? The events involved symbolic speech without disruption. The First Amendment always applies to issues of speech. The events involved controversial issues. The protest was an act of civil disobedience.

According to the Supreme Court, which of these most likely prompted the arrest of the protesters in Edwards v. South Carolina? The protesters supported an unpopular view. The protesters assembled in front of the statehouse. The protesters were a threat to public safety. The protesters marched without a permit.

What is symbolic speech? an action that expresses an idea or opinion the act of peaceful protest the publication of an article despite prior restraint an idea or opinion expressed through metaphor

When can the government restrict information released by the press? The government can never restrict information released by the press. The government can only restrict information when it could be harmful to an individual's reputation. The government can only restrict information released when practicing prior restraint. The government can only restrict information that could present an immediate threat to security or the public.

Which best describes the precedent set by the Supreme Court in New York Times v. United States regarding government censorship? Government censorship cannot be arbitrary. Government censorship is almost always unconstitutional. Government censorship must further national interests. Government censorship does not apply to opinions.

What does the First Amendment's right to assemble refer to? the right of a group to express unpopular opinions the right of a group to make false claims the right of a group to meet the right of a group to protest