CHAPTER 1
TEST BANK
MULTIPLE CHOICE
1. The theory of incorporation finally adopted by the Supreme Court was _____
incorporation.
a. total
b. selective
c. case-by-case
d. categorical
ANS: B LO: 8 REF: p. 29
2. The U.S. Supreme Court case that established the principle of judicial review was
a. Mapp v. Ohio
b. Marbury v. Madison
c. Maryland v. Garrions
d. Tennessee v. Garner
ANS: B LO: 5 REF: p. 23
3. The doctrine of _____ allows two jurisdictions to try an individual for the same offense
without violating double jeopardy.
a. tandem courts
b. double court jurisdiction
c. duality of venue
d. dual sovereignty
ANS: D LO: 1|3 REF: p. 13
4. Which of the following rights has not been incorporated?
a. the Fifth Amendment right to grand jury review
b. the Fourth Amendment right to protection against unreasonable search and seizure
c. the Sixth Amendment right to an attorney
d. the First Amendment right to freedom of speech
ANS: B LO: 8 REF: p. 28
5. An example of selective incorporation can be found in the case of
a. Palko v. Connecticut
b. Miranda v. Arizona
c. Duncan v. Louisiana
d. Frisbie v. Collins
ANS: C LO: 8 REF: p. 28
,6. The judicial power of the federal government is created in Article _____ of the U.S.
Constitution.
a. I
b. II
c. III
d. IV
ANS: C LO: 1 REF: p. 3
7. What clause of the Fourteenth Amendment was the vehicle for incorporation of rights
against the states?
a. due process
b. equal protection
c. privileges and immunities
d. citizenship
ANS: A LO: 8 REF: p. 25
8. If a court has the legal authority to hear a case, this means that the court has:
a. precedent
b. equal protection
c. due process
d. jurisdiction
ANS: D LO: 4 REF: p. 13
9. U.S. magistrate courts are part of the:
a. State Court System
b. Federal District Court System
c. County Court System
d. None of these
ANS: B LO: 1 REF: p. 2
10. The only court established by the U.S. Constitution was the:
a. U.S. Court of Appeal
b. U.S. Supreme Court
c. U.S. Court of Claims
d. U.S. Court of Last Resort
ANS: B LO: 1 REF: p. 3
11. The ban on cruel and unusual punishment and excessive fines and bail is found in the
_____ Amendment.
a. First
b. Fourth
c. Eighth
d. Ninth
, ANS: C LO: 7 REF: p. 20
12. The trial court in the federal system is the _____ court.
a. common pleas
b. criminal
c. quarter Sessions
d. district
ANS: D LO: 1 REF: p. 7
13. The rights to speedy, public and jury trials, and to confront adverse witnesses are found
in the _____ Amendment.
a. Sixth
b. Seventh
c. Eighth
d. Ninth
ANS: A LO: 7 REF: p. 20
14. Courts do not ignore decisions from other jurisdictions because:
a. there may be no settled law on an issue in a given area
b. decisions in other jurisdictions may enable lawyers to detect a trend and anticipate
what local courts might do in the future
c. both of these
d. none of these
ANS: C LO: 2 REF: p. 10
15. An easily accessible source of court decisions is the:
a. internet
b. local library
c. book store
d. all of these
ANS: A LO: 7 REF: p. 15
16. The incorporation controversy involves:
a. the Constitution
b. the Declaration of Independence
c. the Bill of Rights
d. none of these
ANS: C LO: 8 REF: p. 25
17. To find the case law, one would consult:
a. statutes
b. constitutions
c. judicial opinions
d. administrative regulations
, ANS: C LO: 7 REF: p. 22
18. U.S. District Court opinions are published in the:
a. Federal Supplement
b. Federal Reports
c. U.S. Reporter
d. U.S. Cases Review
ANS: A LO: 7 REF: p. 15
19. Jurisdiction refers to:
a. the power of a court to try a case
b. the location of a crime
c. the Courts power to determine constitutionality
d. none of these
ANS: A LO: 4 REF: p. 13
20. The protection against double jeopardy is found in the _____ Amendment.
a. First
b. Fourth
c. Fifth
d. Sixth
ANS: C LO: 7 REF: p. 19
21. The most important rights available to an accused in a criminal prosecution come from:
a. the state constitutions
b. the federal statutes
c. the federal court rules
d. the U.S. Constitution
ANS: D LO: 7 REF: p. 18
22. The concept of venue refers to:
a. which court has jurisdiction
b. the place where the case will be tried
c. which judge will try the case
d. the decision as to whether there will be a bench or jury trial
ANS: B LO: 4 REF: p. 14
23. The court of last resort in most states for both civil and criminal cases is called the:
a. court of criminal appeals
b. Supreme Court
c. district court
d. court of appeals
TEST BANK
MULTIPLE CHOICE
1. The theory of incorporation finally adopted by the Supreme Court was _____
incorporation.
a. total
b. selective
c. case-by-case
d. categorical
ANS: B LO: 8 REF: p. 29
2. The U.S. Supreme Court case that established the principle of judicial review was
a. Mapp v. Ohio
b. Marbury v. Madison
c. Maryland v. Garrions
d. Tennessee v. Garner
ANS: B LO: 5 REF: p. 23
3. The doctrine of _____ allows two jurisdictions to try an individual for the same offense
without violating double jeopardy.
a. tandem courts
b. double court jurisdiction
c. duality of venue
d. dual sovereignty
ANS: D LO: 1|3 REF: p. 13
4. Which of the following rights has not been incorporated?
a. the Fifth Amendment right to grand jury review
b. the Fourth Amendment right to protection against unreasonable search and seizure
c. the Sixth Amendment right to an attorney
d. the First Amendment right to freedom of speech
ANS: B LO: 8 REF: p. 28
5. An example of selective incorporation can be found in the case of
a. Palko v. Connecticut
b. Miranda v. Arizona
c. Duncan v. Louisiana
d. Frisbie v. Collins
ANS: C LO: 8 REF: p. 28
,6. The judicial power of the federal government is created in Article _____ of the U.S.
Constitution.
a. I
b. II
c. III
d. IV
ANS: C LO: 1 REF: p. 3
7. What clause of the Fourteenth Amendment was the vehicle for incorporation of rights
against the states?
a. due process
b. equal protection
c. privileges and immunities
d. citizenship
ANS: A LO: 8 REF: p. 25
8. If a court has the legal authority to hear a case, this means that the court has:
a. precedent
b. equal protection
c. due process
d. jurisdiction
ANS: D LO: 4 REF: p. 13
9. U.S. magistrate courts are part of the:
a. State Court System
b. Federal District Court System
c. County Court System
d. None of these
ANS: B LO: 1 REF: p. 2
10. The only court established by the U.S. Constitution was the:
a. U.S. Court of Appeal
b. U.S. Supreme Court
c. U.S. Court of Claims
d. U.S. Court of Last Resort
ANS: B LO: 1 REF: p. 3
11. The ban on cruel and unusual punishment and excessive fines and bail is found in the
_____ Amendment.
a. First
b. Fourth
c. Eighth
d. Ninth
, ANS: C LO: 7 REF: p. 20
12. The trial court in the federal system is the _____ court.
a. common pleas
b. criminal
c. quarter Sessions
d. district
ANS: D LO: 1 REF: p. 7
13. The rights to speedy, public and jury trials, and to confront adverse witnesses are found
in the _____ Amendment.
a. Sixth
b. Seventh
c. Eighth
d. Ninth
ANS: A LO: 7 REF: p. 20
14. Courts do not ignore decisions from other jurisdictions because:
a. there may be no settled law on an issue in a given area
b. decisions in other jurisdictions may enable lawyers to detect a trend and anticipate
what local courts might do in the future
c. both of these
d. none of these
ANS: C LO: 2 REF: p. 10
15. An easily accessible source of court decisions is the:
a. internet
b. local library
c. book store
d. all of these
ANS: A LO: 7 REF: p. 15
16. The incorporation controversy involves:
a. the Constitution
b. the Declaration of Independence
c. the Bill of Rights
d. none of these
ANS: C LO: 8 REF: p. 25
17. To find the case law, one would consult:
a. statutes
b. constitutions
c. judicial opinions
d. administrative regulations
, ANS: C LO: 7 REF: p. 22
18. U.S. District Court opinions are published in the:
a. Federal Supplement
b. Federal Reports
c. U.S. Reporter
d. U.S. Cases Review
ANS: A LO: 7 REF: p. 15
19. Jurisdiction refers to:
a. the power of a court to try a case
b. the location of a crime
c. the Courts power to determine constitutionality
d. none of these
ANS: A LO: 4 REF: p. 13
20. The protection against double jeopardy is found in the _____ Amendment.
a. First
b. Fourth
c. Fifth
d. Sixth
ANS: C LO: 7 REF: p. 19
21. The most important rights available to an accused in a criminal prosecution come from:
a. the state constitutions
b. the federal statutes
c. the federal court rules
d. the U.S. Constitution
ANS: D LO: 7 REF: p. 18
22. The concept of venue refers to:
a. which court has jurisdiction
b. the place where the case will be tried
c. which judge will try the case
d. the decision as to whether there will be a bench or jury trial
ANS: B LO: 4 REF: p. 14
23. The court of last resort in most states for both civil and criminal cases is called the:
a. court of criminal appeals
b. Supreme Court
c. district court
d. court of appeals
