if a trash can were stolen from in front of a school, the case would most likely be heard by a

if a trash can were stolen from in front of a school, the case would most likely be heard by a


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Which best describes how the structure of the judicial branch affects the judicial branch's interpretation of the Constitution? The system of federal courts and a Supreme Court give the judicial branch many opportunities to interpret the Constitution. The system of federal courts and a Supreme Court give the judicial branch few opportunities to interpret the Constitution. The system of federal courts and a Supreme Court force the judicial branch to answer to the executive branch. The system of federal courts and a Supreme Court force the judicial branch to answer to the legislative branch.The system of federal courts and a Supreme Court give the judicial branch many opportunities to interpret the Constitution.
The diagram shows one way that cases reach the Supreme Court. The diagram is an example of original jurisdiction. appellate jurisdiction. executive jurisdiction. legislative jurisdiction.Not original jurisdiction.
Which would most likely fall under the original jurisdiction of the Supreme Court? a case involving the laws of a single state a case between two companies a case appealed from a lower court a case between two statesa case between two states
An unanswered Constitutional question about the judicial branch is who should approve judges and justices. how to create lower federal courts. how to create a Supreme Court. who should appoint judges and justices.how to create lower federal courts.
The Constitution gives Congress the power to create federal courts lower than the Supreme Court. higher than the Supreme Court. equal to the Supreme Court. unaffected by the Supreme Court.lower than the Supreme Court.
The judicial branch has the power to try criminal cases byjury
The selection of federal judges by the executive branch is an example of checks and balances. original jurisdiction. advice and consent. appellate jurisdiction.Not advice and consent.
Compared with the executive and legislative branches, the main purpose of the judicial branch is to make laws. to execute laws. to interpret laws. to overrule laws.to interpret laws.
Which explains why the Constitution gave Congress the power to create a system of federal courts? The Constitution wanted Congress to share power with the judicial branch. The Constitution anticipated the need for courts lower than the Supreme Court. The Constitution wanted Congress to share power with the appellate courts. The Constitution anticipated the need for courts equal to the Supreme Court.The Constitution anticipated the need for courts lower than the Supreme Court.
Appellate jurisdiction refers to the Supreme Court's authority to hear a case for the first time. the Supreme Court's authority to hear a case from a lower court. a lower court's authority to hear a case from the executive branch. a lower court's authority to hear a case from the legislative branch.the Supreme Court's authority to hear a case from a lower court.
In McCulloch v. Maryland, what did the State of Maryland argue? Banks cannot be created by Congress. States can determine which institutions within its borders must pay taxes. A federal bank must pay taxes to the state in which it is located. Banks may only be created by Congress, not by individuals.Banks cannot be created by Congress.
In the case Marbury v. Madison, what was William Marbury's appointment? He was appointed as a federal judge. He was appointed secretary of state. He was appointed as a state judge. He was appointed to serve on the Supreme Court.Not He was appointed to serve on the Supreme Court.
Which is the best definition of "supremacy"? highest authority limitless power superior judgment greater aptitudehighest authority
What was the purpose of the Judiciary Act of 1789? It created the state court system. It created a federal court system. It created the judicial branch. It created the Supreme Court.It created a federal court system.
What was a result of Gibbons v. Ogden? Aaron Ogden got permission to operate his steamboats in New York. Thomas Gibbons was allowed to operate his steamboats in New York. Thomas Gibbons won a federal license to operate his steamboats. Aaron Ogden maintained a monopoly on steamboat operation in New York.Thomas Gibbons was allowed to operate his steamboats in New York.
By ruling in James McCulloch's favor in McCulloch v. Maryland, the Supreme Court agreed that Congress should not be involved in creating banks. McCulloch could continue to pay state, not federal, taxes. Congress had the power to create a federal bank. McCulloch could run a state bank under federal laws.Congress had the power to create a federal bank.
An implied power is one that is clearly outlined in the Constitution. gives the Supreme Court power to revise the Constitution. overrules the wording of the Constitution. is suggested by the Constitution.is suggested by the Constitution.
What is the definition of "interstate commerce"? commerce between states commerce between state and federal governments commerce between steamboat operators commerce between different parts of the same stateNot commerce between steamboat operators Not commerce between state and federal governments
Review this quote from the decision in Marbury v. Madison. It is emphatically the province and duty of the Judicial Department to say what the law is. How does this excerpt summarize the case? It explains why the Supreme Court ruled in favor of William Marbury in the case of Marbury v. Madison. It explains that the Supreme Court should decide whether a law or action is constitutional. It explains why the judicial department ruled that the Judiciary Act of 1789 was constitutional. It explains that the judicial department has powers that go beyond the limits of the Constitution.It explains that the Supreme Court should decide whether a law or action is constitutional.
Which is an example of federal supremacy? State banks must pay taxes to the more powerful federal government. The Supreme Court can decide whether a law or act is constitutional. Congress has powers that are not specifically outlined in the Constitution. A state is not allowed to tax federal money because federal law is superior.Not The Supreme Court can decide whether a law or act is constitutional. Not State banks must pay taxes to the more powerful federal government.
Before McCulloch v. Maryland went to court, the state of Maryland argued that James McCulloch must pay federal taxes. created the first federal bank in the state. said that only state banks were allowed within Maryland's borders. passed a law that required federal banks to pay state taxes.passed a law that required federal banks to pay state taxes.
Why did William Marbury support the Judiciary Act of 1789? It allowed Marbury to take his case to the Supreme Court. It overruled James Madison and confirmed Marbury's appointment. It said that James Madison's actions were unconstitutional. It limited the Constitution's power to affect Marbury's case.It allowed Marbury to take his case to the Supreme Court.
How might the decision in McCulloch v. Maryland make future Supreme Court decisions more complicated? The principle of federal supremacy meant the Court would more often rule in favor of federal powers over those of individual states. The principle of implied powers meant the Court could rule based on what it felt was right rather than basing its decisions on the Constitution. The principle of implied powers meant the Court might spend more time interpreting the Constitution rather than simply following it to the letter. The principle of federal supremacy meant the Court would have to determine new limits on the federal government's power.The principle of implied powers meant the Court might spend more time interpreting the Constitution rather than simply following it to the letter.
James McCulloch most likely supported the idea that Congress could create banks because he knew that Maryland law did not allow for state-run banks. he believed the Court should follow the implied powers of the Constitution. he supported the idea of federal supremacy. he didn't want to pay state taxes on his bank.he didn't want to pay state taxes on his bank.
What was James Madison's position regarding the Supreme Court ruling in Marbury v. Madison? He agreed that the Judiciary Act of 1789 was constitutional. He opposed the Supreme Court ruling in Marbury v. Madison. He believed the Supreme Court should consider Marbury's case. He supported the Supreme Court ruling in Marbury v. Madison.He supported the Supreme Court ruling in Marbury v. Madison.
US District Courts hear federal cases involving state and local issues. civil and state issues. civil and criminal issues. criminal and international issues.civil and criminal issues.
In state court, a losing party can appeal a case if a jury is unable to make a decision. a judge disagrees with a jury's decision. a precedent does not exist. a higher court agrees to hear it.a higher court agrees to hear it.
Judges in federal appellate courts determine whether a case should be heard in federal court. a defendant is innocent or guilty. a lower court made an error in a case. a case should go to the Supreme Court.a lower court made an error in a case.
Which type of jurisdiction do federal trial courts have? limited original appelate generaloriginal
Cases heard by appellate courts are decided by a judge. a judge and jury. a panel of judges. a jury.a panel of judges.
In addition to the Supreme Court, the federal court system includes appellate and trial courts. trial and district courts. appellate and superior courts. trial and superior courts.appellate and trial courts.
Courts of general jurisdiction typically have a judge and jury. a judge only. a jury only. a panel of judges.a judge and jury.
A divorce case would most likely be assigned to a court with which jurisdiction? a court of civil jurisdiction a court of original jurisdiction a court of limited jurisdiction a court of general jurisdictiona court of limited jurisdiction
Jurisdiction gives federal courts the authority to hear certain kinds of cases. to make decisions based on the law. to hear arguments from different parties. to make decisions based on precedents.to hear certain kinds of cases.
A person who is not satisfied with an appellate court's decision can take the case to another state's court. can take the case to a different trial court. can take the case to a higher court. can take the case to a federal court.can take the case to a higher court.
A losing party in a federal trial court can appeal to the US Supreme Court. appeal to a higher federal court. ask for a retrial in the same court. ask for a different judge in the same court.appeal to a higher federal court.
A dispute over a contract between two people in the same city would most likely be heard first in a federal trial court. a federal appellate court. a state trial court. a state appellate court.a state trial court.
If a trash can were stolen from in front of a school, the case would most likely be heard by a juvenile court. superior court. family court. district court.Not juvenile court. Not district court.
If a person in Idaho buys a faulty camera from a company in Texas, which court would most likely handle the case first? a state trial court in Idaho a state appellate court in Texas a federal trial court a federal appellate courtNot a state trial court in Idaho
How are state and federal appellate courts similar? Both hear cases from lower courts. Both have judges and juries. Both hear civil cases only. Both send cases to higher courts.Not Both send cases to higher courts.
Before a case can be heard in a state high court, it must go through a jury trial. go through a selection process. be decided by a panel of judges. be decided by a single judge.Not be decided by a single judge.
A main difference between state and federal courts is state courts try disputes between states, while federal courts try cases between citizens of a state. state courts try cases between citizens of a state, while federal courts try disputes between states. state courts consider the facts and law in making a decision, while federal courts consider the law, facts, and precedents. state courts consider the facts and precedents in a decision, while federal courts consider the law, facts, and precedents.state courts try cases between citizens of a state, while federal courts try disputes between states.
The establishment clause would prevent a church from being built in a Jewish area the mayor's office from displaying a cross a citizen from placing a religious scene in a business the president from having a Christmas party at homethe mayor's office from displaying a cross
What is the purpose of the establishment clause? to give citizens the right to form religious groups to stop government from supporting one religion to give government power to choose a state religion to stop citizens from practicing religion in publicto stop government from supporting one religion
Which scenario is allowed under the free-exercise clause? A parent leads a prayer in a public park. A teacher gives out crosses at school. A doctor charges religious patients less money. A worker places a menorah in the lobby at city hallA parent leads a prayer in a public park.
Courts that use a landmark case as precedent for a decision are using an earlier case as a guide. changing the previous case's decision. using a third party to review the case. sending the case to a higher court for review.using an earlier case as a guide.
In the American colonies, which document called for religious freedom? The Mayflower Compact The US Constitution The Bill of Rights The Virginia Declaration of RightsThe Virginia Declaration of Rights
What does separation of church and state mean? Churches cannot make laws that violate state laws. The government cannot make laws based on religion. Churches are built a certain distance from state buildings. The government has to make separate laws for churches.The government cannot make laws based on religion.
A student is praying alone in his public school cafeteria before lunch. This activity is acceptable according to the establishment clause because prayer is not allowed in government places. other students might feel pressured to pray. the school is not asking the student to pray. daily prayer is held at some public schools.the school is not asking the student to pray.
What is true of a secular activity? It is compatible with all religious traditions. It is separate from all religious traditions. It is specific to Christian religious traditions. It is specific to Puritan religious traditions.It is separate from all religious traditions.
Why was freedom of religion added to the First Amendment? The colonists wanted prayer taken out of schools. The colonists suffered persecution for their religious beliefs. The colonists wanted Catholicism to be the country's main religion. The colonists thought the government needed to have religious control.The colonists suffered persecution for their religious beliefs.
The First Amendment's free-exercise clause gives the government the right to promote specific religions and faiths. the people the right to set up religious displays on public property. the government the right to create a national religion for all people. the people the right to choose their own set of religious beliefs.the people the right to choose their own set of religious beliefs.
Read the excerpt from the US Constitution. Congress shall make no law respecting . . . religion, or prohibiting the free exercise thereof. Which example violates this portion of Amendment I? A student is allowed to read the Bible in class. A woman is allowed to hold a religious meeting in a park. A mayor attends a different church than his employees. A governor declares a new state religion.A governor declares a new state religion.
The government gives public funds to low performing schools for new computers. They decide to give more money to the lowest performers which are religious schools. According to the establishment clause, how would a court rule on this case? as a violation of the clause because government institutions cannot support religious institutions. as a violation of the clause because the government gave more money to religious schools than public schools. as not in violation of the clause because they gave out money due to guidelines that gave all schools an equal chance to receive the funding. as not in violation of the clause because they gave money to fewer religious schools than public schools.as not in violation of the clause because they gave out money due to guidelines that gave all schools an equal chance to receive the funding.
According to the establishment clause, how would a historical society's posting of the Ten Commandments along with the history of religion and its beliefs and practices be viewed? The posting would be in violation of the clause because religious items cannot be put in public places. The posting would be in violation of the clause because the items relate to a particular religion. The posting would not be in violation of the clause because people willingly go to the historical society. The posting would not be in violation of the clause because there is a learning purpose to the items.The posting would not be in violation of the clause because there is a learning purpose to the items.
In Engel v. Vitale, why did the courts rule that prayer in schools was unconstitutional? The prayer took time away from instruction. The prayer was considered a religious activity. The prayer promoted one religion. The prayer was required in the school.Not The prayer was required in the school.
Which example violates the free-exercise Clause? allowing a school to run weekly prayer sessions allowing a student to wear religious clothing stopping a religious group from praying on the White House lawn stopping a religious group from buying a building based on their faithWhat does separation of church and state mean?stopping a religious group from buying a building based on their faith
According to the precedent, Santa Fe School District v. Doe, a teacher who allows a student to lead a prayer at a high school baseball game would most likely be ruled unconstitutional, because the game is affiliated with the school. unconstitutional, because a church didn't authorize the prayer. constitutional, because students have the right to practice religion. constitutional, because people pay taxes and fund the public schools.unconstitutional, because the game is affiliated with the school.
Which example violates the free-exercise Clause? allowing a school to run weekly prayer sessions allowing a student to wear religious clothing stopping a religious group from praying on the White House lawn stopping a religious group from buying a building based on their faithstopping a religious group from buying a building based on their faith
An activity passes the "Lemon Test" if it is not secular, biased, or entangled. secular, biased, and free of entanglement. secular, neutral, and free of entanglement. not secular, neutral, or free of entanglement.Not not secular, biased, or entangled.
Elmbrook School District, located in California, held graduations at a local church. How might this violate the establishment clause? The school cannot be associated with any particular religion. The school needed to go to a different church every year. The school was not promoting religion by just having a graduation. The school does not force people to attend graduation.The school cannot be associated with any particular religion.
What is true of a non-denominational activity? It supports a particular religion. It does not support any religion. It operates on private property. It separates from religious traditions.It does not support any religion.
Though the outcomes of Schenck and New York Times differed, what did these decisions have in common? The government has a heavy burden to prove harm. The government can limit speech that causes harm. The government has unlimited power to limit speech. The government must follow the First Amendment.The government can limit speech that causes harm.
Which best describes what the government had to prove for its censorship of the New York Times to have been acceptable? The articles would have had to indisputably harm the nation. The articles would have had to potentially threaten national security. The articles would have had to reveal classified information. The articles would have had to support the enemy in wartime.The articles would have had to indisputably harm the nation.
In Tinker v. Des Moines, why was it considered protected speech for students to wear armbands? Their action did not negatively influence other students. Their action was not disruptive. Their action occurred off school grounds. Their action was political speech.Their action was not disruptive.
Under what circumstances would the protest of the students in Tinker v. Des Moines be deemed unprotected speech? if their action had clearly threatened order and safety if their action had supported an unpopular opinion if their action had not been political if their action had promoted an artistic endeavorif their action had clearly threatened order and safety
According to the Supreme Court, which of these most likely prompted the arrest of the protesters in Edwards v. South Carolina? The protestors supported an unpopular view. The protesters assembled in front of the statehouse. The protesters were a threat to public safety. The protesters marched without a permit.The protestors supported an unpopular view.
Which action would be the least likely to be considered protected speech or a protected action? talking loudly on a cell phone during a movie crossing against the light to protest getting a parking ticket banning a private firm's employees from wearing political t-shirts at work burning a fire in a public park as a political protestNot talking loudly on a cell phone during a movie Not banning a private firm's employees from wearing political t-shirts at work
For prior restraint to apply, what must the government prove about the speech in question? The speech must be libelous. The speech must present a general threat. The speech must present a clear and identifiable danger. The speech must be offensive.The speech must present a clear and identifiable danger.
What is symbolic speech? an action that expresses an idea or opinion the act of peaceful protest the publication of an article despite prior restraint an idea or opinion expressed through metaphoran action that expresses an idea or opinion
The events surrounding Tinker v. Des Moines involved a school, so why did the First Amendment apply? The events involved symbolic speech without disruption. The First Amendment always applies to issues of speech. The events involved controversial issues. The protest was an act of civil disobedience.The events involved symbolic speech without disruption.
What does the First Amendment's right to assemble refer to? the right of a group to express unpopular opinions the right of a group to make false claims the right of a group to meet the right of a group to protestNot the right of a group to protest
Edwards v. South Carolina is significant in terms of selective incorporation because it limited states' abilities to restrict the freedom of speech. the right to petition the government for redress. the right to peacefully assemble. the freedom of the press.the right to petition the government for redress.
Which best describes how Tinker v. Des Moines expanded protected speech under the First Amendment? The decision affirmed the protection of unpopular opinions. The decision affirmed the protection of symbolic speech. The decision affirmed the protection of all political speech. The decision affirmed the protection of minors' speech rights.Not The decision affirmed the protection of all political speech. Not The decision affirmed the protection of unpopular opinions.
When can the government restrict information released by the press? The government can never restrict information released by the press. The government can only restrict information when it could be harmful to an individual's reputation. The government can only restrict information released when practicing prior restraint. The government can only restrict information that could present an immediate threat to security or the public.The government can only restrict information that could present an immediate threat to security or the public.
Which issue was at the heart of New York Times v. United States? libel symbolic speech civil disobedience prior restraintNot libel Not symbolic speech
Which best describes the precedent set by the Supreme Court in New York Times v. United States regarding government censorship? Government censorship cannot be arbitrary. Government censorship is almost always unconstitutional. Government censorship must further national interests. Government censorship does not apply to opinions.Not Government censorship cannot be arbitrary.
Edwards v. South Carolina focused on two issues: the right to petition the government for a redress of grievances and the right to symbolic speech. the freedom of the press. the freedom of religion. the right to peacefully assemble.the right to peacefully assemble.
Edwards v. South Carolina protected people's right to assemble and attempt to stop something from being printed. display unpopular views in a disruptive way. express unpopular views in a peaceful way. protest against something on private property.express unpopular views in a peaceful way.
The publication of false and damaging information about a person is referred to as libel. civil disobedience. an infringement. symbolic speech.libel.
Supreme Court justices are approved by the president. the vice president. Congress. the Senate.the Senate.
Original jurisdiction refers to the Supreme Court's authority to hear a case for the first time. the Supreme Court's authority to hear a case from a lower court. a lower court's authority to hear a case from the executive branch. a lower court's authority to hear a case from the legislative branch.the Supreme Court's authority to hear a case for the first time.
Which would most likely fall under appellate jurisdiction? a case involving state laws a case between two companies a case appealed from a lower court a case between two statesa case appealed from a lower court
A trial court in the federal system is the US Supreme Court. the US Court of Appeals. the US Court of Common Pleas. the US Court of Claims.the US Court of Claims.
A state court that sets a precedent makes a decision that can authorize similar action in the future. can stop similar action in the future. assigns jurisdiction to an appeals court assigns jurisdiction to a trial court.can authorize similar action in the future.
According to the establishment clause, how would displaying a "Happy Holidays" sign in class be viewed? The display violates the clause because it celebrates Christianity. The display does not violate the clause because it is secular. The display does not violate the clause because it is store-bought. The display violates the clause because holidays are forbidden in schools.The display does not violate the clause because it is secular.
Though the outcomes of Tinker and Schenck differed, which best describes what these court decisions have in common? They agreed that political expression could be restricted. They agreed that libel was not protected speech. They agreed that symbolic speech could be protected. They agreed that speech rights could be limited to protect safety.They agreed that speech rights could be limited to protect safety.
Which statement reflects Thomas Gibbons's view of interstate commerce? State and federal governments should jointly negotiate interstate commerce. The federal government should have power over interstate commerce. Individual operators should negotiate interstate commerce. State governments have power over interstate commerce.The federal government should have power over interstate commerce.
What is the difference between the establishment clause and the free-exercise clause? The establishment clause stops the government from favoring a religion while the free exercise clause allows people to express their religion. The establishment clause allows the government to favor a religion and the free exercise clause allows people to express their religion. The establishment clause stops the government from favoring a religion and the free exercise clause stops people from expressing their religious beliefs. The establishment clause allows the government to favor a religion and the free exercise clause stops people from being able to express their beliefs.The establishment clause stops the government from favoring a religion while the free exercise clause allows people to express their religion.
In Schenck v. United States, what circumstance made this speech case special? It pertained to a foreign citizen. It involved events that occurred abroad. It occurred during wartime. It related to the commission of a crime.It occurred during wartime.
The Judiciary Act of 1789 gave powers to the judicial branch that went beyond what the Constitution outlined. Because of this, the act was ruled unconstitutional. was an example of original jurisdiction. led to an amendment to the Constitution. overruled the Supreme Court.was ruled unconstitutional.
What is a landmark case? a case that is based on a dispute over land a case that is based on a previous court's decision. a case that sets a precedent for future court decisions a case that has been overturned from a previous court.a case that sets a precedent for future court decisions
In most cases, the US Supreme Court functions as a trial court. a circuit court. an appellate court. a superior court.an appellate court.
Supreme Court justices are appointed by the president. the vice president. the House. the Senate.the president.
The decision in Gibbons v. Ogden most likely resulted in more cases about state versus federal licenses. fewer applications for steamboat licenses in New York. fewer disputes about state monopolies. more challenges to federal supremacy.fewer disputes about state monopolies.
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