Midterm 1 Bergstrom MGMT 200 UW| 166
QUESTIONS| WITH COMPLETE SOLUTION
state of nature Correct Answer: symbol of anarchy, the condition before the rule of positive law
comes into being
4th amendment Correct Answer: Protection from unreasonable search and seizure. Jacobsen v.
Seattle, US v. skip worth
Jacobsen v. Seattle (1983) Correct Answer: decided that there were exceptions to the search
warrant requirement that 'provided for those cases where societal costs of obtaining a warrant
could pose danger toward a law enforcement official or risk the destruction of evidence. these
exceptions are:
1) consensual searches
2) stop and frisk searches
3) Border searches
4) Hot pursuit
5) Airport and courthouse searches
United states v. skipworth Correct Answer: questioned whether pre boarding searches at airports
violated the 4th amendment after defendant who was searched without a warrant was found with
cocaine.
Judgement to US- people boarding aircraft are subject to search based upon mere or unsupported
suspicion
Three-part test Correct Answer: 1) public necessity: will not searching cause harm to the public?
2) efficacy of the search: will the search be effective in averting potential harm?
3) degree of intrusion: How far are the searchers infringing on the privacy of the searchee?
Natural law Correct Answer: life, liberty, and property rights
Positive law Correct Answer: those laws necessary to regulate an ordered society
Hierarchy of government Correct Answer: federal, state, county, city
9th amendment Correct Answer: protection of rights not specifically enumerated in the bill of
rights
federalism Correct Answer: political arrangement in which two more levels of government
provide a variety of services to a given number of citizens in a specified area, and how the power
to enforce governmental decisions is shared among feral, state and local governments.
Supremacy clause Correct Answer: Directly related to federalism, establishes a ranking of the
relative power of one level of government over the lower levels of government. Federal law
trumps state and local law
,Federal law Correct Answer: Each state has authority to make laws within its borders, as long as
those laws don't conflict with federal law of the US constitution.
Federal and state laws on the same subject- general rules Correct Answer: 1) the highest govt
that passes a law wins
2) states may add their own stricter rules to strengthen the effect of a federal law in their state if
the state rule does not conflict with intent of the federal law and does not hurt commerce
3) lower levels of govt may not pass rules or laws which are less strict than the laws of a higher
level of govt (ex. minimum wages)
4) States cannot pass laws that restrict interstate commerce (ex. states cannot pass laws that favor
their own businesses)
5) a lower govt level may regulate an area in the absence of a higher govt
10th amendment Correct Answer: powers not delegated to the US by the constitution, nor
prohibited by it to the states, are reserved to the states or the people
Police power Correct Answer: the power to enact laws for the prevention of crime and promote
safety and health of the people, this right is reserved to the states by the both amendment. may
not contravene either federal or state constitutions
Couch dancing - Bellevue Correct Answer: Bellevue tried to outlaw all nude dancing, even in
businesses that sold no alcohol, which violated the free speech clause of the 1st amendment.
When it tried again, it enacted an ordinance requiring nude dancers to be at least 4 feet away
from patrons, which was deemed constitutional
separation of powers Correct Answer: relationship among the three branches of the federal,
state, or local government. Check and balances utilized to avoid one branch having too much
power (ex. Congress passes a law (legislative) and the president vetoes it (executive)
Congressional districts Correct Answer: 435 districts, total pop/districts = ideal size of each
district, X. then look at each state's population, divide the population by X, which gives you the
number of congressional districts the state is allowed
Electoral college votes a state is allowed Correct Answer: # of congressional districts the state
has + 2 (1 for each of the two senators, regardless of the state population
Executive branch powers Correct Answer: 1) electoral college
2) veto
3) terms (22nd amendment)
4) appoint federal judges with 'consent' of senate
5) executive orders
6) appoints members/directors of administrative agencies w/ senate confirmation
7) commander in chief of military
8) cabinet (secretary of...)
9) signing statements
, 10) presidential pardons: executive branch check on judicial branch abuse of power
Legislative branch Correct Answer: - no term limits for federal branch
- term limits for state branches
- Congress and house of representatives
Making laws Correct Answer: Federal and state = statutes
counties and cities = ordinances
Gerrymandering Correct Answer: Manipulate the boundaries of (an electoral constituency) so as
to favor one party or class.
Power of the house of representatives Correct Answer: - 2 year terms
- 1 person = 1 vote
- Declare war
- Establish courts
- Over-ride veto of presidential veto
- Impeachment
Senate Correct Answer: - 6 year terms
- 2 senators/state (amendment: Direct Election)
- Confirm all federal judges, including supreme court justices
- confirm president's cabinet
- confirm high ranking executive branch officials as well as directors of administrative agencies
- can override presidential veto of legislation
Filibuster Correct Answer: an action such as a prolonged speech that obstructs progress in a
legislative assembly while not technically contravening the required procedures.
Cloture Correct Answer: (in a legislative assembly) a procedure for ending a debate and taking a
vote (60 votes needed for cloture)
Commerce Clause Correct Answer: Gives federal government the power to regulate
commerce... among the several states. Congress has the power to regulate any activity that affect
interstate commerce. in practice, gives federal government the power to make many types of
laws
Power to tax Correct Answer: Congress has the power to law and collect taxes (ex. supreme
court found that this power allowed congress to pay the new health care law)
- Nothing in constitution that prevents the federal government from imposing a sales tax too
Judicial Branch Correct Answer: Federal: Supreme court (9 justices), Federal court of appeals
(13 circuit courts; 179 judges), Federal district courts (100s)
-Lifetime appointment by pres/confirmed by majority of senate
-Cases about guns, abortion, property rights, gay rights, affirmative action, capital punishment
get the most attention
QUESTIONS| WITH COMPLETE SOLUTION
state of nature Correct Answer: symbol of anarchy, the condition before the rule of positive law
comes into being
4th amendment Correct Answer: Protection from unreasonable search and seizure. Jacobsen v.
Seattle, US v. skip worth
Jacobsen v. Seattle (1983) Correct Answer: decided that there were exceptions to the search
warrant requirement that 'provided for those cases where societal costs of obtaining a warrant
could pose danger toward a law enforcement official or risk the destruction of evidence. these
exceptions are:
1) consensual searches
2) stop and frisk searches
3) Border searches
4) Hot pursuit
5) Airport and courthouse searches
United states v. skipworth Correct Answer: questioned whether pre boarding searches at airports
violated the 4th amendment after defendant who was searched without a warrant was found with
cocaine.
Judgement to US- people boarding aircraft are subject to search based upon mere or unsupported
suspicion
Three-part test Correct Answer: 1) public necessity: will not searching cause harm to the public?
2) efficacy of the search: will the search be effective in averting potential harm?
3) degree of intrusion: How far are the searchers infringing on the privacy of the searchee?
Natural law Correct Answer: life, liberty, and property rights
Positive law Correct Answer: those laws necessary to regulate an ordered society
Hierarchy of government Correct Answer: federal, state, county, city
9th amendment Correct Answer: protection of rights not specifically enumerated in the bill of
rights
federalism Correct Answer: political arrangement in which two more levels of government
provide a variety of services to a given number of citizens in a specified area, and how the power
to enforce governmental decisions is shared among feral, state and local governments.
Supremacy clause Correct Answer: Directly related to federalism, establishes a ranking of the
relative power of one level of government over the lower levels of government. Federal law
trumps state and local law
,Federal law Correct Answer: Each state has authority to make laws within its borders, as long as
those laws don't conflict with federal law of the US constitution.
Federal and state laws on the same subject- general rules Correct Answer: 1) the highest govt
that passes a law wins
2) states may add their own stricter rules to strengthen the effect of a federal law in their state if
the state rule does not conflict with intent of the federal law and does not hurt commerce
3) lower levels of govt may not pass rules or laws which are less strict than the laws of a higher
level of govt (ex. minimum wages)
4) States cannot pass laws that restrict interstate commerce (ex. states cannot pass laws that favor
their own businesses)
5) a lower govt level may regulate an area in the absence of a higher govt
10th amendment Correct Answer: powers not delegated to the US by the constitution, nor
prohibited by it to the states, are reserved to the states or the people
Police power Correct Answer: the power to enact laws for the prevention of crime and promote
safety and health of the people, this right is reserved to the states by the both amendment. may
not contravene either federal or state constitutions
Couch dancing - Bellevue Correct Answer: Bellevue tried to outlaw all nude dancing, even in
businesses that sold no alcohol, which violated the free speech clause of the 1st amendment.
When it tried again, it enacted an ordinance requiring nude dancers to be at least 4 feet away
from patrons, which was deemed constitutional
separation of powers Correct Answer: relationship among the three branches of the federal,
state, or local government. Check and balances utilized to avoid one branch having too much
power (ex. Congress passes a law (legislative) and the president vetoes it (executive)
Congressional districts Correct Answer: 435 districts, total pop/districts = ideal size of each
district, X. then look at each state's population, divide the population by X, which gives you the
number of congressional districts the state is allowed
Electoral college votes a state is allowed Correct Answer: # of congressional districts the state
has + 2 (1 for each of the two senators, regardless of the state population
Executive branch powers Correct Answer: 1) electoral college
2) veto
3) terms (22nd amendment)
4) appoint federal judges with 'consent' of senate
5) executive orders
6) appoints members/directors of administrative agencies w/ senate confirmation
7) commander in chief of military
8) cabinet (secretary of...)
9) signing statements
, 10) presidential pardons: executive branch check on judicial branch abuse of power
Legislative branch Correct Answer: - no term limits for federal branch
- term limits for state branches
- Congress and house of representatives
Making laws Correct Answer: Federal and state = statutes
counties and cities = ordinances
Gerrymandering Correct Answer: Manipulate the boundaries of (an electoral constituency) so as
to favor one party or class.
Power of the house of representatives Correct Answer: - 2 year terms
- 1 person = 1 vote
- Declare war
- Establish courts
- Over-ride veto of presidential veto
- Impeachment
Senate Correct Answer: - 6 year terms
- 2 senators/state (amendment: Direct Election)
- Confirm all federal judges, including supreme court justices
- confirm president's cabinet
- confirm high ranking executive branch officials as well as directors of administrative agencies
- can override presidential veto of legislation
Filibuster Correct Answer: an action such as a prolonged speech that obstructs progress in a
legislative assembly while not technically contravening the required procedures.
Cloture Correct Answer: (in a legislative assembly) a procedure for ending a debate and taking a
vote (60 votes needed for cloture)
Commerce Clause Correct Answer: Gives federal government the power to regulate
commerce... among the several states. Congress has the power to regulate any activity that affect
interstate commerce. in practice, gives federal government the power to make many types of
laws
Power to tax Correct Answer: Congress has the power to law and collect taxes (ex. supreme
court found that this power allowed congress to pay the new health care law)
- Nothing in constitution that prevents the federal government from imposing a sales tax too
Judicial Branch Correct Answer: Federal: Supreme court (9 justices), Federal court of appeals
(13 circuit courts; 179 judges), Federal district courts (100s)
-Lifetime appointment by pres/confirmed by majority of senate
-Cases about guns, abortion, property rights, gay rights, affirmative action, capital punishment
get the most attention
