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STUDY GUIDE—Three Branches Test
NAME _____________________________
(Remember to review your notes and class materials as well as this guide.)
Circle, highlight, check, or underline the correct answers, or fill in the blanks.
1.
The U.S. Constitution limits the powers of the three branches through the principle of
____ rule of law
____ checks and balances
____ separation of checks
____ division of branches
2..
The Executive Branch holds powers over the Legislative Branch by being able to
____ veto laws Congress writes.
____ appoint federal judges.
____ call Congress into talk to the federal judges.
____ approve acts of Congress
3.
The main job of the Legislative Branch is to
____ make laws.
____ interpret laws.
____ enforce laws.
____ dispense justice.
4.
The legislative branch is made up of
____ the House of Representatives and the Senate.
____ federal judges.
____ the president, vice president, and the Cabinet.
____ regulatory commissions.
____ the bureaucracy.
5.
The Senate’s refusal to approve Judge Russell for the Supreme Court is an example of
____ absolute power.
____ federalism.
____ abuse of power.
____ checks and balances.
6.
The Constitution gives the _____________ the power to appoint a federal judge
____ House of Representatives.
____ Senate.
____ president.
____ Supreme Court.
7.
If a law is passed requiring all Americans to attend the same church, the _________________
would rule it unconstitutional. This government body interprets the law.
____ Congress.
____ Supreme Court.
____ Executive Branch.
____ None of the above.
8.
Only the ____________________ has the power to hold an impeachment trial of the
president or federal judges.
____ U.S. Senate.
____ Executive Branch
____ Congress
____ Supreme Court.
9.
The president vetoes a bill. What is the only way the bill can now become a law?
____ The Supreme Court overrides the president’s decision by a 2/3 vote.
____ Congress overrides the veto by a 2/3 majority from both houses.
____ The Congress argues it before the Supreme Court.
____ The bill is now “dead”; there is no way for it to pass.
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10.
Which of the following in NOT a qualification to become a president?
____ At least 35 years old
____ Native-born citizen
____ Resident of the U. S. for at least 14 years
____ Must be college educated
11.
An amendment is
____ granting a formal approval of the Constitution.
____ another name for an article of the Constitution.
____ important to the Constitution, but does not have to be obeyed.
____ a written change to the Constitution.
12.
The _____ Amendment reserved certain powers for the states.
____ 9th
____ 5th
____ 10th
____ 8th
13.
The right to make your views known to a public official is the freedom of
____ assembly.
____
voting.
____ speech.
____ petition.
14 . A bill is sent to a subcommittee for the House Budget Committee. What happens next?
___hearings are held, then it is debated, amended, pigeon-holed, killed or passed
___the bill goes back to the rules committee to stop the filibuster.
___a quorum is not present, so it is sent to the president.
___the president pro tempore decides whether to consider the bill or table it.
15.
A conference committee has reached a compromise on a bill. What happens next?
___It goes directly to the president to be signed or vetoed.
___It goes back to the House of Representatives and the Senate to be voted on by each of
them.
___Hearings must now be held in subcommittees.
___Any action taken on the bill after this would be unconstitutional.
16.
The qualifications for members of Congress
( are set by the president - are different in the House and the Senate change each time a new census is taken - must be approved by the Supreme Court
17.
The __________________ is the only house that is allowed to start the process for money bills
(tax revenue).
( Senate - House of Representatives - Congress - IHOP )
18 .
Which is an executive check on the powers of the judicial branch?
___Presides over Senate during hearing to impeach the president
___Nominates Supreme Court justices and federal judges
___Casts tie-breaking vote if the Supreme Court can’t reach a verdict
___Enforces term limits for Supreme Court justices
19.
After a bill is introduced into the House of Representatives it is
___sent directly to the President for the review.
___immediately referred to the Senate for a floor vote.
___assigned to a proper standing committee.
___referred to a meeting of both representatives and senators for review.
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20.
A bill was introduced to Congress asking for the purchase of a brand new assault weapon
for military combat. If Congress wishes to investigate the capabilities of this weapon,
___they may refer the bill to a subcommittee for a more detailed review.
___they can ask the President to buy it.
___Farmwell Station staff will be consulted for an opinion about the weapon.
___the U.S. Supreme Court justices will decide if buying the weapon is constitutional.
21.
Which of the following is NOT a step in the lawmaking process?
( debating the bill - signing the bill by the president - Supreme Court approving the bill both houses of Congress approving the bill ).
22.
Which Article of the U. S. Constitution establishes the judicial branch?
Article ( 1, 2, 3, 4, 5, 6, 7 )
23.
In the United States of America we have a dual court system, which consists of
________________________ courts and __________________ courts.
24.
In a federal case what are the three courts through which a case might progress?
a)
b)
c)
U. S.__________________________ Court
U. S. ________________ of __________________
U. S. ________________________ Court
25.
In which of the above courts are the judges called justices? _______________
This is the _________________ court in the nation. How many serve on this court? _________
26.
All federal judges get their job
___for life
___by Senate appointment and approval by the House of Representatives
___by Senate appointment & presidential approval
___by presidential appointment & Senate approval
27.
Judicial Review allows
___ the Senate to review the decisions of the judicial branch
___the Supreme Court to determine the constitutionality of a law
___judges in lower federal courts to choose who should be on the Supreme Court
___the voters to say a law is not acceptable
28.
Which court case established the principle of judicial review? _____________________________
29.
(James Madison - Herman Plessy - William Marbury - John Marshall ) was responsible for
establishing judicial review.
30.
Which federal court has limited original jurisdiction?
Supreme Court U. S. Court of Appeals -
31.
U. S. District Court
An order requiring a person to appear in court is a(n)
( search warrant - subpoena remand - appeal ).
32. A person who issues search warrants, subpoenas, arrest warrants, summons, and sets bail is a
( court recorder
magistrate sheriff
marshal ).
33. When a convicted person asks a higher court to review his or her case, the person is asking for
a(n) ( verdict - appeal - remand )
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34. The accused must be found guilty “beyond a reasonable doubt.” This presumes that the
accused is
( not guilty - innocent until proven guilty - entitled to a grand jury - not going to receive bail. )
35. If the U. S. Supreme Court refuses to hear a case, the
____ case may be appealed to a higher court
____ ruling of the lower court stands
____ case may be appealed to another branch of government
____ case receives a new trial.
36. Which of the United States federal courts has a judge and a jury?
37. The organization and jurisdiction of the U. S. courts are obtained from the
( U. S. Constitution - state laws - federal laws ).
38. Which federal courts have appellate jurisdiction?
(Supreme Court - U. S. Court of Appeals -
U. S. District Court)
39. Virginia has its own court system whose organization and jurisdiction are derived from
Virginia’s C
___________ and Virginia’s state l
s.
40.
Match the following.
A. civil case
event where a judge can drop charges or send the
accused back to jail & set bail
group that decides if there is enough evidence to accuse
someone of a crime
B. acquit
C. grand jury
D. indictment
when a law has been broken
E. preliminary hearing
a formal charge by a grand jury
F.
bail
a punishment given to a person convicted of a crime
G. sentence
a serious crime punishable by at least one year in jail
H. misdemeanor
involves disputes over money or property between
individuals and/or businesses
money or property that guarantees an accused person will
appear in court
to find a defendant not guilty
a less serious crime like running a red light, or speeding
I.
felony
J.
criminal case
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41. A person accused of a crime in a case is a (criminal - defendant - juror -
prosecutor - witness).
A person who commits a felony is a (criminal - defendant - juror - prosecutor - witness).
A person who brings charges against another is a (plaintiff - defendant - juror - prosecutor witness).
A person who brings charges in a criminal case is a (plaintiff - defendant – juror - prosecutor )
42. A _______________case involves a disagreement between two people, usually about money
or property.
43. A type of case with charges of criminal wrongdoing is a
____________ case.
Which types of case requires “beyond a reasonable doubt”? __________________
44. Due Process is provided by which two amendments to the U.S. Constitution?
__________&__________ Why are both needed?
45 . An event that occurs before a trial, but after a formal charge against the accused is made, is
a(n)
_____________ What does the accused do at this event?
46. If a person is punished before he or she receives a fair trial , it means that the accused did not
receive
( bail - due process of law - the help of a lawyer - writ of habeas corpus. )
STATE COURTS
47.
Virginia judges get their job by the
( people electing them - governor appointing them - legislative body electing them)
48.
Virginia has ( 3
- 4 - 5 ) levels of courts. List the courts from highest to lowest.
1)
2)
3)
4)
The last one may also include the _____________ & _______________________ _____________
__________
49. Which state court(s) have a jury decide the verdict?
_______________________________________________________
50. Which state court(s) hear major civil and criminal cases?
____________________________________________
51.
Which state court(s) would hear a case about a dispute neighbors are having over their
home’s broken window? ________________________________________
This would be a
( civil - criminal ) case.
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52.
A court(s) that hears a case involving a dispute between parents & their child is _______
Can this case be appealed? (yes, no) If so, where would the first appeal for the custody
case take place?
(General District Court - Virginia Circuit Court - Court of Appeals of Virginia - Federal District Court)
53.
Judges have greater latitude, or freedom, in handling
__________ cases.
Juveniles who commit serious can be tried as (criminals - adults - defendants).
55.
How many members make up Virginia’s highest court? ( 122 - 12 - 7 - 6 ) This branch
is responsible for seeing that no state laws violate the Virginia ____________________________.
56.
The process by which bills become Virginia state laws could best be described as
__ similar to the way federal laws are interpreted.
__ the opposite of the procedure for federal laws.
__ exactly the same as the federal process.
__ similar to the procedure for federal bills and laws.
57.
It is illegal for the people of Virginia to make the governor a monarch because the U. S.
Constitution says each state must be a ( confederation - federation republic ).