STUDY GUIDE Three Branches Test NAME (Remember to review your notes and class materials as well as this guide.) 1 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.
2 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.
3 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) U. S. Court b) U. S. of c) 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 - U. S. District Court 31. 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 )
4 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. 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 when a law has been broken a formal charge by a grand jury a punishment given to a person convicted of a crime a serious crime punishable by at least one year in jail 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 A. civil case B. acquit C. grand jury D. indictment E. preliminary hearing F. bail G. sentence H. misdemeanor I. felony J. criminal case
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 ) 5 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.
6 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 ).