, TESTBANK FOR
The Law and Special Education, 6th edition Yell
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, Chapter 1
Test Item File
The Law and Special
Education
Sixth Edition
Mitchell L. Yell
University of South Carolina
Prepared by
Mitchell L. Yell
,This work is protected by United States copyright laws and is provided solely for
the use of instructors in teaching their courses and assessing student learning.
Dissemination or sale of any part of this work (including on the World Wide Web)
will destroy the integrity of the work and is not permitted. The work and materials
from it should never be made available to students except by instructors using
the accompanying text in their classes. All recipients of this work are expected to
abide by these restrictions and to honor the intended pedagogical purposes and
the needs of other instructors who rely on these materials.
Content Producer: Shubha Banerjee
Product Manager: Rebecca Fox-Gieg
Copyright © 2026, 2019, 2016 by Pearson Education, Inc. or its affiliates. All Rights
Reserved. Manufactured in the United States of America. This publication is protected
by copyright, and permission should be obtained from the publisher prior to any
prohibited reproduction, storage in a retrieval system, or transmission in any form or by
any means, electronic, mechanical, photocopying, recording, or otherwise. For
information regarding permissions, request forms, and the appropriate contacts within
the Pearson Education Global Rights and Permissions department, please visit
www.pearsoned.com/permissions/.
PEARSON is exclusive trademark owned by Pearson Education, Inc. or its affiliates in
the U.S. and/or other countries.
Unless otherwise indicated herein, any third-party trademarks, logos, or icons that may
appear in this work are the property of their respective owners, and any references to
third-party trademarks, logos, icons, or other trade dress are for demonstrative or
descriptive purposes only. Such references are not intended to imply any sponsorship,
endorsement, authorization, or promotion of Pearson’s products by the owners of such
marks, or any relationship between the owner and Pearson Education, Inc., or its
affiliates, authors, licensees, or distributors.
ii
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
, Table of Contents
Chapter 1 Introduction to the American Legal System 1
Learning Objective Quiz 1
Application Exercises 9
Test Bank 14
iii
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
, Chapter 1 Introduction to the American Legal System
Learning Objective Quiz
Learning Objective 1.1: Define federalism and describe how federalism underlies our system of
laws.
[Q1]
Under the United States system of federalism, the federal government has only those powers granted
expressly by the U.S. Constitution; those powers not specifically granted to the federal government are
the province of the
1. states
2. federal district courts
3. courts of appeals
4. Supreme Court
ANSWER: 1. states
[Q1 Feedback to Answer Choice 1 [correct]]
The 10th Amendment to the U.S. Constitution states that powers not delegated to the federal government
are reserved to the states.
[Q1 Feedback to Answer Choice 2]
The U.S. system of federalism only involves the relationship between the federal government and state
governments as outlined in the U.S. Constitution. Federalism does not involve courts.
[Q1 Feedback to Answer Choice 3]
The U.S. system of federalism only involves the relationship between the federal government and state
governments as outlined in the U.S. Constitution. Federalism does not involve courts.
[Q1 Feedback to Answer Choice 4]
The U.S. system of federalism only involves the relationship between the federal government and state
governments as outlined in the U.S. Constitution. Federalism does not involve courts.
[Q2]
Which amendment to the U.S. Constitution specifically reserves power to the states?
1. The 4th amendment
2. The 5th amendment
3. The 10th amendment
4. The 14th amendment
ANSWER: 3. The 10th amendment
[Q2 Feedback to Answer Choice 1]
This amendment protects persons from unreasonable searches and seizures.
[Q2 Feedback to Answer Choice 2]
This amendment protects persons from government abuses in criminal cases (e.g., it requires due
process of law before the government can deprive an individual of life, liberty, or property).
1
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
,[Q2 Feedback to Answer Choice 3 [correct]]
This amendment requires that any powers not delegated to the federal government are reserved to the
states.
[Q2 Feedback to Answer Choice 4]
This amendment grants citizenship to all persons born or naturalized in the United States.
Learning Objective 1.2: Identify the four sources of law: constitutional law, statutory law,
regulatory law, and case law.
[Q3]
There are many sources of U.S. law. Which type of law is passed by Congress or state legislatures and
signed into law by the president or a governor?
1. Constitutional law
2. Statutory law
3. Regulatory law
4. Case law
ANSWER: 2. Statutory law
[Q3 Feedback to Answer Choice 1]
Constitutional law is the supreme law of the nation. It is the body of law that defines the structure and
powers of the federal government.
[Q3 Feedback to Answer Choice 2 [correct]]
Statutory law refers to laws enacted by legislative bodies such as Congress and the state legislatures.
[Q3 Feedback to Answer Choice 3]
Regulatory law defines the rules and regulations created by government agencies to implement and
enforce laws passed by Congress.
[Q3 Feedback to Answer Choice 4]
Case law is established by the outcomes of court cases.
[Q4]
The f i l branch of government interprets the law.
l i n t h e b l a n k
1. legislative
2. executive
3. judicial
4. constitution
ANSWER: 3. judicial
[Q4 Feedback to Answer Choice 1]
The legislative branch creates law.
[Q4 Feedback to Answer Choice 2]
The executive branch enforces the law.
[Q4 Feedback to Answer Choice 3 [correct]]
The judicial branch interprets the law.
2
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
,[Q4 Feedback to Answer Choice 4]
The Constitution is the supreme law of the nation and not a branch of government.
[Q5]
Which one of the following components of U.S. law does not have the force of law?
1. Rulings of the U.S. Supreme Court
2. Federal statutes
3. Federal regulations
4. Federally issued policy guidance
ANSWER: 4. Federally issued policy guidance
[Q5 Feedback to Answer Choice 1]
Rulings of the U.S. Supreme Court become law throughout the nation.
[Q5 Feedback to Answer Choice 2]
Federal statutes have the force of law.
[Q5 Feedback to Answer Choice 3]
Federal regulations have the force of law.
[Q5 Feedback to Answer Choice 4 [correct]]
Federally issued policy guidance does not have the force of law.
Learning Objective 1.3: Explain how law is created in the federal system.
[Q6]
What actions can the president take regarding a bill that is passed by Congress?
1. Amend the law
2. Veto the bill and amend it
3. Return the bill to Congress for specific revisions
4. Sign the bill into law
ANSWER: 4. Sign the bill into law
[Q6 Feedback to Answer Choice 1]
The president may either sign the law or veto it, but the president does not amend the law.
[Q6 Feedback to Answer Choice 2]
The president may veto a law, but the president cannot amend it.
[Q6 Feedback to Answer Choice 3]
The president may veto a law or sign the law, but the president cannot send it back for specific revisions.
[Q6 Feedback to Answer Choice 4 [correct]]
The president may sign or veto bills that come from Congress.
3
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
,[Q7]
To override the presidential veto, both houses of Congress need what majority to override the presidential
veto?
1. A simple majority
2. 2/3 majority
3. 3/4 majority
4. Unanimous consent
ANSWER: 2. 2/3 majority
[Q7 Feedback to Answer Choice 1]
A simple majority is enough to pass a bill but not to override a veto.
[Q7 Feedback to Answer Choice 2 [correct]]
A 2/3 majority is needed to override a veto.
[Q7 Feedback to Answer Choice 3]
Only a 3/4 majority is needed to override a veto.
[Q7 Feedback to Answer Choice 4]
Only a 2/3 majority is needed to override a veto. Unanimous consent is not needed.
Learning Objective 1.4: Describe the hierarchy of the federal court system.
[Q8]
In the federal judicial system, which of the following is also known as the court of last resort?
1. The Constitutional Court
2. The U.S. District Court
3. The U.S. Court of Appeals
4. The U.S. Supreme Court
ANSWER: 4. The U.S. Supreme Court
[Q8 Feedback to Answer Choice 1]
No court in the U.S. federal system is titled a Constitutional Court.
[Q8 Feedback to Answer Choice 2]
The U.S. District Court is the lowest court in the federal system. It is sometimes known as the trial court.
[Q8 Feedback to Answer Choice 3]
The U.S. Court of Appeals is the level of court that hears appeals from the U.S. District Court. It is the
appellate or intermediate court.
[Q8 Feedback to Answer Choice 4 [correct]]
The U.S. Supreme Court is the highest court in the land. The highest court is also called the court of last
resort.
[Q9]
When a due process hearing is appealed to a federal court, the judge’s task is to
1. determine if the hearing officer applied the law correctly.
4
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
, 2. retry the case.
3. reverse the ruling of the hearing officer.
4. affirm the ruling of the hearing officer.
ANSWER: 1. determine if the hearing officer applied the law correctly.
[Q9 Feedback to Answer Choice 1 [correct]]
When a due process is appealed to a federal court, the judge’s task is to determine if the hearing officer
applied the law correctly.
[Q9 Feedback to Answer Choice 2]
In any appeal, the task of the judge is to determine if the law was applied correctly. The court does not
retry the case.
[Q9 Feedback to Answer Choice 3]
When a due process is appealed to a federal court, the judge’s task is to determine if the hearing officer
applied the law correctly. A judge may choose to reverse the hearing officer’s ruling, but that is not their
primary task.
[Q9 Feedback to Answer Choice 4]
When a due process is appealed to a federal court, the judge’s task is to determine if the hearing officer
applied the law correctly. A judge may choose to affirm the hearing officer’s ruling, but that is not their
primary task.
Learning Objective 1.5: Recognize precedence and its importance in the court system.
[Q10]
The ability of a well-reasoned court ruling to influence the decisions of other courts in different
jurisdictions is referred to as
1. precedent.
2. persuasive authority.
3. probative authority.
4. controlling authority.
ANSWER: 2. persuasive authority.
[Q10 Feedback to Answer Choice 1]
Precedent refers to an earlier court ruling that serves as an authority for courts when deciding
subsequent, similar cases.
[Q10 Feedback to Answer Choice 2 [correct]]
Persuasive authority is a type of authority when a court follows the precedent from another court that the
court is not bound to follow but does so because it is persuaded by the decision.
[Q10 Feedback to Answer Choice 3]
There is no such authority in court rulings known as probative authority.
[Q10 Feedback to Answer Choice 4]
Controlling authority is the same as stare decisis. Lower courts are expected to follow these decisions.
5
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
The Law and Special Education, 6th edition Yell
Important Notes
The file includes the complete test bank, organized chapter by chapter.
A sample of selected pages has been provided for preview.
All available appendices and Excel files (if included in the original resources) are
provided.
We continuously update our files to ensure you receive the latest and most accurate
editions.
New editions are added regularly – stay connected for updates!
Purchase Guarantee
If you believe you have purchased the wrong file, don’t worry. Contact us anytime and we
will gladly replace it with the correct version.
Contact Email:
, Chapter 1
Test Item File
The Law and Special
Education
Sixth Edition
Mitchell L. Yell
University of South Carolina
Prepared by
Mitchell L. Yell
,This work is protected by United States copyright laws and is provided solely for
the use of instructors in teaching their courses and assessing student learning.
Dissemination or sale of any part of this work (including on the World Wide Web)
will destroy the integrity of the work and is not permitted. The work and materials
from it should never be made available to students except by instructors using
the accompanying text in their classes. All recipients of this work are expected to
abide by these restrictions and to honor the intended pedagogical purposes and
the needs of other instructors who rely on these materials.
Content Producer: Shubha Banerjee
Product Manager: Rebecca Fox-Gieg
Copyright © 2026, 2019, 2016 by Pearson Education, Inc. or its affiliates. All Rights
Reserved. Manufactured in the United States of America. This publication is protected
by copyright, and permission should be obtained from the publisher prior to any
prohibited reproduction, storage in a retrieval system, or transmission in any form or by
any means, electronic, mechanical, photocopying, recording, or otherwise. For
information regarding permissions, request forms, and the appropriate contacts within
the Pearson Education Global Rights and Permissions department, please visit
www.pearsoned.com/permissions/.
PEARSON is exclusive trademark owned by Pearson Education, Inc. or its affiliates in
the U.S. and/or other countries.
Unless otherwise indicated herein, any third-party trademarks, logos, or icons that may
appear in this work are the property of their respective owners, and any references to
third-party trademarks, logos, icons, or other trade dress are for demonstrative or
descriptive purposes only. Such references are not intended to imply any sponsorship,
endorsement, authorization, or promotion of Pearson’s products by the owners of such
marks, or any relationship between the owner and Pearson Education, Inc., or its
affiliates, authors, licensees, or distributors.
ii
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
, Table of Contents
Chapter 1 Introduction to the American Legal System 1
Learning Objective Quiz 1
Application Exercises 9
Test Bank 14
iii
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
, Chapter 1 Introduction to the American Legal System
Learning Objective Quiz
Learning Objective 1.1: Define federalism and describe how federalism underlies our system of
laws.
[Q1]
Under the United States system of federalism, the federal government has only those powers granted
expressly by the U.S. Constitution; those powers not specifically granted to the federal government are
the province of the
1. states
2. federal district courts
3. courts of appeals
4. Supreme Court
ANSWER: 1. states
[Q1 Feedback to Answer Choice 1 [correct]]
The 10th Amendment to the U.S. Constitution states that powers not delegated to the federal government
are reserved to the states.
[Q1 Feedback to Answer Choice 2]
The U.S. system of federalism only involves the relationship between the federal government and state
governments as outlined in the U.S. Constitution. Federalism does not involve courts.
[Q1 Feedback to Answer Choice 3]
The U.S. system of federalism only involves the relationship between the federal government and state
governments as outlined in the U.S. Constitution. Federalism does not involve courts.
[Q1 Feedback to Answer Choice 4]
The U.S. system of federalism only involves the relationship between the federal government and state
governments as outlined in the U.S. Constitution. Federalism does not involve courts.
[Q2]
Which amendment to the U.S. Constitution specifically reserves power to the states?
1. The 4th amendment
2. The 5th amendment
3. The 10th amendment
4. The 14th amendment
ANSWER: 3. The 10th amendment
[Q2 Feedback to Answer Choice 1]
This amendment protects persons from unreasonable searches and seizures.
[Q2 Feedback to Answer Choice 2]
This amendment protects persons from government abuses in criminal cases (e.g., it requires due
process of law before the government can deprive an individual of life, liberty, or property).
1
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
,[Q2 Feedback to Answer Choice 3 [correct]]
This amendment requires that any powers not delegated to the federal government are reserved to the
states.
[Q2 Feedback to Answer Choice 4]
This amendment grants citizenship to all persons born or naturalized in the United States.
Learning Objective 1.2: Identify the four sources of law: constitutional law, statutory law,
regulatory law, and case law.
[Q3]
There are many sources of U.S. law. Which type of law is passed by Congress or state legislatures and
signed into law by the president or a governor?
1. Constitutional law
2. Statutory law
3. Regulatory law
4. Case law
ANSWER: 2. Statutory law
[Q3 Feedback to Answer Choice 1]
Constitutional law is the supreme law of the nation. It is the body of law that defines the structure and
powers of the federal government.
[Q3 Feedback to Answer Choice 2 [correct]]
Statutory law refers to laws enacted by legislative bodies such as Congress and the state legislatures.
[Q3 Feedback to Answer Choice 3]
Regulatory law defines the rules and regulations created by government agencies to implement and
enforce laws passed by Congress.
[Q3 Feedback to Answer Choice 4]
Case law is established by the outcomes of court cases.
[Q4]
The f i l branch of government interprets the law.
l i n t h e b l a n k
1. legislative
2. executive
3. judicial
4. constitution
ANSWER: 3. judicial
[Q4 Feedback to Answer Choice 1]
The legislative branch creates law.
[Q4 Feedback to Answer Choice 2]
The executive branch enforces the law.
[Q4 Feedback to Answer Choice 3 [correct]]
The judicial branch interprets the law.
2
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
,[Q4 Feedback to Answer Choice 4]
The Constitution is the supreme law of the nation and not a branch of government.
[Q5]
Which one of the following components of U.S. law does not have the force of law?
1. Rulings of the U.S. Supreme Court
2. Federal statutes
3. Federal regulations
4. Federally issued policy guidance
ANSWER: 4. Federally issued policy guidance
[Q5 Feedback to Answer Choice 1]
Rulings of the U.S. Supreme Court become law throughout the nation.
[Q5 Feedback to Answer Choice 2]
Federal statutes have the force of law.
[Q5 Feedback to Answer Choice 3]
Federal regulations have the force of law.
[Q5 Feedback to Answer Choice 4 [correct]]
Federally issued policy guidance does not have the force of law.
Learning Objective 1.3: Explain how law is created in the federal system.
[Q6]
What actions can the president take regarding a bill that is passed by Congress?
1. Amend the law
2. Veto the bill and amend it
3. Return the bill to Congress for specific revisions
4. Sign the bill into law
ANSWER: 4. Sign the bill into law
[Q6 Feedback to Answer Choice 1]
The president may either sign the law or veto it, but the president does not amend the law.
[Q6 Feedback to Answer Choice 2]
The president may veto a law, but the president cannot amend it.
[Q6 Feedback to Answer Choice 3]
The president may veto a law or sign the law, but the president cannot send it back for specific revisions.
[Q6 Feedback to Answer Choice 4 [correct]]
The president may sign or veto bills that come from Congress.
3
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
,[Q7]
To override the presidential veto, both houses of Congress need what majority to override the presidential
veto?
1. A simple majority
2. 2/3 majority
3. 3/4 majority
4. Unanimous consent
ANSWER: 2. 2/3 majority
[Q7 Feedback to Answer Choice 1]
A simple majority is enough to pass a bill but not to override a veto.
[Q7 Feedback to Answer Choice 2 [correct]]
A 2/3 majority is needed to override a veto.
[Q7 Feedback to Answer Choice 3]
Only a 3/4 majority is needed to override a veto.
[Q7 Feedback to Answer Choice 4]
Only a 2/3 majority is needed to override a veto. Unanimous consent is not needed.
Learning Objective 1.4: Describe the hierarchy of the federal court system.
[Q8]
In the federal judicial system, which of the following is also known as the court of last resort?
1. The Constitutional Court
2. The U.S. District Court
3. The U.S. Court of Appeals
4. The U.S. Supreme Court
ANSWER: 4. The U.S. Supreme Court
[Q8 Feedback to Answer Choice 1]
No court in the U.S. federal system is titled a Constitutional Court.
[Q8 Feedback to Answer Choice 2]
The U.S. District Court is the lowest court in the federal system. It is sometimes known as the trial court.
[Q8 Feedback to Answer Choice 3]
The U.S. Court of Appeals is the level of court that hears appeals from the U.S. District Court. It is the
appellate or intermediate court.
[Q8 Feedback to Answer Choice 4 [correct]]
The U.S. Supreme Court is the highest court in the land. The highest court is also called the court of last
resort.
[Q9]
When a due process hearing is appealed to a federal court, the judge’s task is to
1. determine if the hearing officer applied the law correctly.
4
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
, 2. retry the case.
3. reverse the ruling of the hearing officer.
4. affirm the ruling of the hearing officer.
ANSWER: 1. determine if the hearing officer applied the law correctly.
[Q9 Feedback to Answer Choice 1 [correct]]
When a due process is appealed to a federal court, the judge’s task is to determine if the hearing officer
applied the law correctly.
[Q9 Feedback to Answer Choice 2]
In any appeal, the task of the judge is to determine if the law was applied correctly. The court does not
retry the case.
[Q9 Feedback to Answer Choice 3]
When a due process is appealed to a federal court, the judge’s task is to determine if the hearing officer
applied the law correctly. A judge may choose to reverse the hearing officer’s ruling, but that is not their
primary task.
[Q9 Feedback to Answer Choice 4]
When a due process is appealed to a federal court, the judge’s task is to determine if the hearing officer
applied the law correctly. A judge may choose to affirm the hearing officer’s ruling, but that is not their
primary task.
Learning Objective 1.5: Recognize precedence and its importance in the court system.
[Q10]
The ability of a well-reasoned court ruling to influence the decisions of other courts in different
jurisdictions is referred to as
1. precedent.
2. persuasive authority.
3. probative authority.
4. controlling authority.
ANSWER: 2. persuasive authority.
[Q10 Feedback to Answer Choice 1]
Precedent refers to an earlier court ruling that serves as an authority for courts when deciding
subsequent, similar cases.
[Q10 Feedback to Answer Choice 2 [correct]]
Persuasive authority is a type of authority when a court follows the precedent from another court that the
court is not bound to follow but does so because it is persuaded by the decision.
[Q10 Feedback to Answer Choice 3]
There is no such authority in court rulings known as probative authority.
[Q10 Feedback to Answer Choice 4]
Controlling authority is the same as stare decisis. Lower courts are expected to follow these decisions.
5
Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
