4th Book 1st Checkup

Question 1

According to the United States Constitution, the ______ is empowered to establish the various Federal courts.
a. Legislative
b. Executive

Answer 1

Legislative

Question 2

The framers of our Constitution envisioned a relatively _____ judicial branch (as compared with the other two branches).
(strong, weak)

Answer 2

Weak

Question 3

“The authority to try cases and controversies according to the law and in accordance with
procedures recognized by the letter and the spirit of the law,” is a definition of ______.
a. jurisdiction
c. Judicial Review
b. finality of decision
d. judicial power

Answer 3

judicial power

Question 4

What is the only Federal court specifically established by the Judicial Article of the United
States Constitution?

Answer 4

The Supreme Court

Question 5

What qualifications for Federal judges does the Constitution demand?

Answer 5

No qualifications

Question 6

Which article of the Constitution delineates the mechanism of choosing Federal judges?

Answer 6

Article III

Question 7

“Controversies” are ____
a. civil
c. both civil and criminal
b. the Executive Article
b. criminal
d. neither civil nor criminal suits.

Answer 7

Civil

Question 8

Which clause of the national Constitution has served as the authority for expanding the
Scope of Federal jurisdiction in admiralty and maritime cases?

Answer 8

Commerce clause

Question 9

List two types of water-related cases which fall under Article III, Section 2, Paragraph a, Clause 5:

Answer 9

Cases involving the diversion and/or the depletion of water and
Cases involving the pollution of waterways

Question 10

Federal jurisdiction in “diversity cases” is based on _____.
a. subject matter
b. parties involved
c. both subject matter and parties involved
d. neither subject matter nor parties involved

Answer 10

parties involved

Question 11

Which court is the “court of last resort”?

Answer 11

The Supreme Court

Question 12

Name two types of appellate jurisdiction:

Answer 12

Appeal, Certiorari

Question 13

What two fundamentally important guarantees are made in Article III, Section 2, Paragraph c?

Answer 13

The guarantee of trial by jury,
The guarantee that a case will be tried in the state in which the offense occurred.

Question 14

List the primary responsibilities of the United States Supreme Court:

Answer 14

To interpret the Constitution, to hear cases appealed to it, to decide the constitutionality of a legislation enacted.

Question 15

An individual being tried in a Federal court may elect to refuse trial by a jury of his peers.
(True or false?)

Answer 15

True

Question 16

Identify each of the following, whether “treason” or “sedition”:
(a) An overt and usually violent act of rebellion against one’s country or the person of
that nation’s sovereign:
(b) The inciting of others, as in speaking or writing–may involve some degree of violence,
but does not include a provable overt act:

Answer 16

Treason, Sedition

Question 17

In what three ways was a traitor to be punished under ancient English Common Law?

Answer 17

Hanged, disemboweled, quartered.

Question 18

List three overt acts constitutionally defined as treason against the United States:

Answer 18

Levying war against the United States, adhering to their enemies, giving aid and comfort to enemies.

Question 19

List the only two means whereby a conviction for treason may be obtained in a Federal
court:

Answer 19

The individual accused of the crime makes a full confession in open court or two witnesses testify to the same overt act.

Question 20

Who or what institution has been empowered to set the limits of punishment which can
be imposed upon a conviction of treason against the United States?

Answer 20

Congress.

Question 21

What does the term “attainder” mean?

Answer 21

The loss of Rights and properties of a person convicted of a capital crime.