Imprisonment is one of the possible verdicts during a civil trial.
a. True
b. False
Answer: B
Imprisonment is one of the possible verdicts during a civil trial.
a. True
b. False
a. True
b. False
Where is one authority for a court to impose jurisdiction over persons beyond their geographical boundaries?
Where is one authority for a court to impose jurisdiction over persons beyond their geographical boundaries?
a. Original jurisdiction
b. Personam geographical jurisdiction
c. Long-arm statutes
d. State extradition statutes
Answer: C
Which of the following provides the authority of a court over the actual dispute between the parties?
Which of the following provides the authority of a court over the actual dispute between the parties?
a. Federal statute
b. Long-arm statute
c. Subject matter jurisdiction
d. Quasi in rem jurisdiction
Answer: C
Which of the following governs issues arising between parties in regard to private rights?
Which of the following governs issues arising between parties in regard to private rights?
a. Civil law
b. Criminal law
c. Personal law
d. Substantive law
Answer: A
When does default judgment on the complaint occur?
When does default judgment on the complaint occur?
a. During the sentencing phase
b. During closing arguments
c. When a plaintiff does not respond within the allotted time
d. When the defendant does not respond within the allotted time
Answer: D
What may be filed if the complaint is deficient in some way?
What may be filed if the complaint is deficient in some way?
a. Motion for bill of particulars
b. Motion to dismiss
c. Motion to readdress
d. Motion to respond
Answer: B
How do the parties involved in a lawsuit communicate requests with the court?
How do the parties involved in a lawsuit communicate requests with the court?
a. Appellate procedures
b. Hearings
c. Motions
d. Rulings
Answer: C
What type of motion occurs should be filed when asking the judge to issue a final decision on the issues of the lawsuit without a trial?
What type of motion occurs should be filed when asking the judge to issue a final decision on the issues of the lawsuit without a trial?
a. Motion to compel
b. Motion for final resolution
c. Motion for sanctions
d. Motion for summary judgment
Answer: D
What are additional monies that a defendant may be required to pay as a form of punishment?
What are additional monies that a defendant may be required to pay as a form of punishment?
a. Compensatory
b. Exemplary or Punitive
c. Penitentiary
d. Settlement
Answer: B
According to the video we watched, in some states, Electors from the Electoral College are not bound to vote for the candidate they are pledged to.
According to the video we watched, in some states, Electors from the Electoral College are not bound to vote for the candidate they are pledged to.
a. True
b. False
Answer: A
Administrative agencies have adjudicatory powers.
Administrative agencies have adjudicatory powers.
a. True
b. False
Answer: A
In the case of U.S. v. Mitchell, the respondent was being charged with trying to aid the enemy in the civil war.
In the case of U.S. v. Mitchell, the respondent was being charged with trying to aid the enemy in the civil war.
a. True
b. False
Answer: B
The War Powers Resolution allows the introduction of U.S. troops into war as long as Congress issues formal declaration of war within one year.
The War Powers Resolution allows the introduction of U.S. troops into war as long as Congress issues formal declaration of war within one year.
a. True
b. False
Answer: B
The President has never again attempted to suspend the rights that were at issue in Ex-Parte Milligan as the U.S. Supreme Court decided that issue once and for all in the Milligan case.
The President has never again attempted to suspend the rights that were at issue in Ex-Parte Milligan as the U.S. Supreme Court decided that issue once and for all in the Milligan case.
a. True
b. False
Answer: B
The ability to respond quickly to rapidly changing needs of industries or citizens is one of the advantages of administrative agencies.
The ability to respond quickly to rapidly changing needs of industries or citizens is one of the advantages of administrative agencies.
a. True
b. False
Answer: A
Administrative agencies are sometimes referred to as:
Administrative agencies are sometimes referred to as:
a. The first branch of government
b. The fourth branch of government
c. The second branch of government
d. The only branch of government
Answer: B
Comparisons can be made between Ex-Parte Milligan and cases today dealing with:
Comparisons can be made between Ex-Parte Milligan and cases today dealing with:
a. the draft
b. military detention and trials
c. Presidential war making powers
d. the Commerce Clause
Answer: B
Which of the following were not included in the three steps we talked about concerning administrative agency rulemaking?
Which of the following were not included in the three steps we talked about concerning administrative agency rulemaking?
a. Notice
b. Presidential Review
c. Right to be heard
d. Publication
Answer: B
The premise that Congress cannot delegate any of its lawmaking power is based on
The premise that Congress cannot delegate any of its lawmaking power is based on
a. a constitutional amendment.
b. an enabling act.
c. a delegation doctrine.
d. an executive order.
Answer: C
How can an administrative agency be created?
How can an administrative agency be created?
a. Legislative enactment
b. Order of the judiciary
c. Two-thirds approval of House of Representatives
d. Two-thirds approval of Senate
Answer: A
Which of the following provides for the agency's fair and efficient operation?
Which of the following provides for the agency's fair and efficient operation?
a. Administrative Agency Creation Act
b. Procedure and Code of Federal Regulations Act
c. Administrative Procedure Act
d. Administrative Enabling Regulations Act
Answer: C
In the case of Wickard v Filburn, the U.S. Supreme Court relied heavily on the
In the case of Wickard v Filburn, the U.S. Supreme Court relied heavily on the
a. Commerce Clause
b. Necessary and proper clause
c. General Welfare Clause
d. Supremacy Clause
Answer: A
Gerrymandering has been made illegal by the U.S. Supreme Court.
Gerrymandering has been made illegal by the U.S. Supreme Court.
a. True
b. False
Answer: B
As a general rule, unless otherwise noted, new laws are to be applied retroactively.
As a general rule, unless otherwise noted, new laws are to be applied retroactively.
a. True
b. False
Answer: B
Lobbyists are not required to register in Indiana.
Lobbyists are not required to register in Indiana.
a. True
b. False
Answer: B
Most modern Constitutional Amendments now have expirations dates to prevent them from pending for long periods of time.
Most modern Constitutional Amendments now have expirations dates to prevent them from pending for long periods of time.
a. True
b. False
Answer: A
In McCulloch v. Maryland, the U.S. Government attempted to tax a state chartered bank.
In McCulloch v. Maryland, the U.S. Government attempted to tax a state chartered bank.
a. True
b. False
Answer: B
McCulloch v. Maryland is known for two propositions, one of which is represented by the now famous quote, "the power to tax is the power to destroy."
McCulloch v. Maryland is known for two propositions, one of which is represented by the now famous quote, "the power to tax is the power to destroy."
a. True
b. False
Answer: A
A U.S. Senator must be a resident of the state he or she is elected to represent.
A U.S. Senator must be a resident of the state he or she is elected to represent.
a. True
b. False
Answer: A
Statutes are written broadly and generally do not include specific scenarios.
Statutes are written broadly and generally do not include specific scenarios.
a. True
b. False
Answer: A
Law as a protective measure began with the Bill of Rights
Law as a protective measure began with the Bill of Rights
a. True
b. False
Answer: A
The authority to regulate commerce by statute is a significant power of the executive branch.
The authority to regulate commerce by statute is a significant power of the executive branch.
a. True
b. False
Answer: B
According to Wickard, Congress may reach action (regulate it) if it exerts (a) ______ effect on interstate commerce.
According to Wickard, Congress may reach action (regulate it) if it exerts (a) ______ effect on interstate commerce.
a. minimal
b. substantial
c. no
d. none of the above
Answer: B
In the last 100 years Congress has used which clause more than the others to reach and regulate in areas that some people might think of as historically purely state affairs.
In the last 100 years Congress has used which clause more than the others to reach and regulate in areas that some people might think of as historically purely state affairs.
a. General Welfare Clause
b. Commerce Clause
c. Necessary and Proper Clause
d. Supremacy Clause
Answer: B
According to the Constitution, revenue-raising bills must be initially introduced
According to the Constitution, revenue-raising bills must be initially introduced
a. in a joint session of Congress.
b. by executive order.
c. in the Senate
d. none of the above
Answer: D
What is the term length for a member of the U.S. House?
What is the term length for a member of the U.S. House?
a. two years
b. six years
c. four years
d. Varies depending on the term limits of the individual state
Answer: A
How many voting U.S. Representatives are there?
How many voting U.S. Representatives are there?
a. 100
b. 435
c. The number varies depending on the decennial census.
d. 535
Answer: B
The number of U.S. Senators elected from each state depends on
The number of U.S. Senators elected from each state depends on
a. total state population.
b. the number of state Representatives
c. the population in a specific geographical district.
d. Each state gets two
Answer: D
Per curium opinions refer to opinions of the court where each judge signs his or her own opinion per there own desire to sustain or overrule the lower court.
Per curium opinions refer to opinions of the court where each judge signs his or her own opinion per there own desire to sustain or overrule the lower court.
a. True
b. False
Answer: B
In Indiana, ALL judges must be lawyers.
In Indiana, ALL judges must be lawyers.
a. True
b. False
Answer: B
Many people think Chief Justice Marshall should have recused himself in Marbury v Madison due to a conflict of interest.
Many people think Chief Justice Marshall should have recused himself in Marbury v Madison due to a conflict of interest.
a. True
b. False
Answer: A
Certiorari and Stare Decisis are the same.
Certiorari and Stare Decisis are the same.
a. True
b. False
Answer: B
Actual innocence is always a basis for a new trial.
Actual innocence is always a basis for a new trial.
a. True
b. False
Answer: B
"Trial de novo" means new trial.
"Trial de novo" means new trial.
a. True
b. False
Answer: A
Statutes provide highly detailed discussions of potential case scenarios.
Statutes provide highly detailed discussions of potential case scenarios.
a. True
b. False
Answer: B
How many levels are there in the Federal Court System?
How many levels are there in the Federal Court System?
a. One
b. Two
c. Three
d. Four
Answer: C
Where does the average case begin in the Federal System
Where does the average case begin in the Federal System
a. U.S. Supreme Court
b. U.S. district courts.
c. U.S. Appellate Courts
d. U.S. municipal courts.
Answer: B
The power of Eminent Domain can be found in the ______ Amendment.
The power of Eminent Domain can be found in the ______ Amendment.
a. 4th
b. 5th
c. 6th
d. 7th
Answer: B
Griswold referred to Penumbras. What were they referring to?
Griswold referred to Penumbras. What were they referring to?
a. Shadows
b. Rights
c. Constitution
d. Senators
Answer: A
Roughly how many cases will be heard by the Supreme Court each year?
Roughly how many cases will be heard by the Supreme Court each year?
a. Less than 15
b. 15-150
c. 1,500-15,000
d. over 15,000
Answer: B
When there are no judicial precedents, a judge must create one. This is known as what?
When there are no judicial precedents, a judge must create one. This is known as what?
a. Administrative law
b. Delegated law
c. Common law
d. Statutory Law
Answer: C
Which court has the general authority to change the trial court's verdict on review?
Which court has the general authority to change the trial court's verdict on review?
a. Appellate court
b. Municipal court
c. Federal district court
d. Judicial court
Answer: A
The Supreme Court most commonly employs what type of jurisdiction?
The Supreme Court most commonly employs what type of jurisdiction?
a. State jurisdiction
b. Appellate jurisdiction
c. Pendent jurisdiction
d. U.S. district court jurisdiction
Answer: B
Statutes are generally written
Statutes are generally written
a. vaguely
b. specifically
c. only for criminal issues.
d. only for civil issues
Answer: A
Dr. Martin Luther King was the organizer of the civil rights march on Washington D.C.
Dr. Martin Luther King was the organizer of the civil rights march on Washington D.C.
a. True
b. False
Answer: B
The Bill of Rights protects people from abuses by everyone, not just government actors.
The Bill of Rights protects people from abuses by everyone, not just government actors.
a. True
b. False
Answer: B
The case of Barron v. Baltimore is still good law today.
The case of Barron v. Baltimore is still good law today.
a. True
b. False
Answer: B
The Classical School (Beccaria & Bentham) had little in common with Naturalist theory and was disregarded by early American leaders.
The Classical School (Beccaria & Bentham) had little in common with Naturalist theory and was disregarded by early American leaders.
a. True
b. False
Answer: B
Beccaria's writings were influential during the formative years of American society.
Beccaria's writings were influential during the formative years of American society.
a. True
b. False
Answer: A
The executive branch was the first governmental branch established in the federal structure.
The executive branch was the first governmental branch established in the federal structure.
a. True
b. False
Answer: B
The majority of Americans have more frequent personal contact with the legislative branch than with any other branch of government.
The majority of Americans have more frequent personal contact with the legislative branch than with any other branch of government.
a. True
b. False
Answer: B
The U.S. Supreme Court is the main source of all law in this country.
The U.S. Supreme Court is the main source of all law in this country.
a. True
b. False
Answer: B
Regarding treaties and executive agreements, which is correct:
Regarding treaties and executive agreements, which is correct:
a. Treaties don't require Congressional approval, Executive Agreements do
b. Treaties require Congressional approval, Executive Agreements don't
c. Both require Congressional approval
d. Neither require Congressional approval
Answer: B
The United States is:
The United States is:
a. A member of the U.N., but not the International Court of Justice (ICJ)
b. A member of both the UN and the ICJ
c. a member of the ICJ, but not the U.N.
d. a member of neither
Answer: A
The Bill of Rights are the
The Bill of Rights are the
a. Amendments to the U.S. Constitution
b. The first ten Amendments
c. All Amendments after the first ten
d. The entire U.S. Constitution
Answer: B
In the case of Barron v Baltimore, the _____ Amendment was held ______ to the states.
In the case of Barron v Baltimore, the _____ Amendment was held ______ to the states.
a. 5th, applicable
b. 5th, inapplicable
c. 4th, applicable
d. 4th, inapplicable
Answer: B
The Articles of Confederation were considered largely ineffective for all of the following reasons EXCEPT:
The Articles of Confederation were considered largely ineffective for all of the following reasons EXCEPT:
a. No federal judges
b. The national government lacked enforcement power.
c. Corruption was rampant
d. Power to tax
Answer: C
We talked about Beccaria in relation to what theory
We talked about Beccaria in relation to what theory
a. Sociological
b. Positivist
c. Psyco-Social Contract
d. Social Contract
Answer: D
The primary source of new law is the
The primary source of new law is the
a. executive branch.
b. U.S. Constitution.
c. Congress.
d. popular vote.
Answer: C
Federal laws take precedence over conflicting state laws because of the
Federal laws take precedence over conflicting state laws because of the
a. legislative clause.
b. judicial clause.
c. statutory clause.
d. supremacy clause.
Answer: D
The positivist theory was based on what belief?
The positivist theory was based on what belief?
a. All governmental entities should be identical
b. There should be a superior governmental entity
c. All individuals have the ability to distinguish between right and wrong.
d. The court system has the ability to distinguish between right and wrong
Answer: B
The issue of "comparable worth" addresses the question of "equal pay for equal work".
The issue of "comparable worth" addresses the question of "equal pay for equal work".
Answer: True
Collective bargaining requires all parties involved to address the management function in all its dimensions and to identify managerial weaknesses. Collective bargaining usually leads to an enhanced training function and employee perceptions of an improved quality of work life.
Collective bargaining requires all parties involved to address the management function in all its dimensions and to identify managerial weaknesses. Collective bargaining usually leads to an enhanced training function and employee perceptions of an improved quality of work life.
Answer: True
The creation of the Executive Office of the President coincided with the rise of performance budgeting.
The creation of the Executive Office of the President coincided with the rise of performance budgeting.
Answer: True
The Reagan administration generally preferred political responsiveness over political neutrality in the U.S. Civil Service.
The Reagan administration generally preferred political responsiveness over political neutrality in the U.S. Civil Service.
Answer: False
The separation of politics and administration and the elimination of corruption first became major goals of public personnel administration during the period of government by the "efficient".
The separation of politics and administration and the elimination of corruption first became major goals of public personnel administration during the period of government by the "efficient".
Answer: True
The labor relations situation for public employees is different in every city, county, and state, and the general status of public sector labor relations is still undefined.
The labor relations situation for public employees is different in every city, county, and state, and the general status of public sector labor relations is still undefined.
Answer: True
Unions dominate decision making concerning public personnel administration.
Unions dominate decision making concerning public personnel administration.
Answer: False
Labor-management relations are ultimately the framework of collective bargaining.
Labor-management relations are ultimately the framework of collective bargaining.
Answer: True
Throughout most of U.S. history, budgeting has been incremental.
Throughout most of U.S. history, budgeting has been incremental.
Answer: True
The goal of the Civil Service Act of 1883 was to create a politically neutral civil service where hiring and promotion were to be based upon ability to do the job (competence or merit).
The goal of the Civil Service Act of 1883 was to create a politically neutral civil service where hiring and promotion were to be based upon ability to do the job (competence or merit).
Answer: False
Tax breaks have grown to the point that if we were to eliminate all of those currently in existence we also could all but eliminate annual budget deficits.
Tax breaks have grown to the point that if we were to eliminate all of those currently in existence we also could all but eliminate annual budget deficits.
Answer: True
The evolution of the civil services system can be divided into historical periods. Government by the "common man" has existed since 1955 and continues today.
The evolution of the civil services system can be divided into historical periods. Government by the "common man" has existed since 1955 and continues today.
Answer: False
Which type of committee is responsible overseeing annual budgets in their entirety?
Which type of committee is responsible overseeing annual budgets in their entirety?
A. appropriations committees
B. budget committees
C. oversight committees
D. tax-legislation committees
Answer: B
An agency directly involved in administering monetary policy is the:
An agency directly involved in administering monetary policy is the:
A. Federal Reserve Board
B. General Accounting Office
C. Office of Management and Budget
D. none of the above
Answer: C
Which of the following established a mandatory deadline for a balanced budget?
Which of the following established a mandatory deadline for a balanced budget?
A.Congressional Budget Act
B. Economic Stabilization Act
C. Gramm-Rudman-Hollings Act
D. sunset laws
Answer: A
Which budgetary approach requires the budget agency to adopt a policy role, is characterized by a systematic policy-making style, and has a scope that includes inputs, outputs, effects, and alternatives?
Which budgetary approach requires the budget agency to adopt a policy role, is characterized by a systematic policy-making style, and has a scope that includes inputs, outputs, effects, and alternatives?
A. incremental budget making
B. line-item budgeting
C. performance budgeting
D. planning-programming budgeting (PPB)
E. zero-base budgeting (ZBB)
Answer: C
During which step of the budgetary cycle is power given to incur financial obligations?
During which step of the budgetary cycle is power given to incur financial obligations?
A. appropriations
B. audit
C. authorization
D. execution
E. preparation
Answer: A
The legislature is not directly involved in which step of the budgetary cycle?
The legislature is not directly involved in which step of the budgetary cycle?
A. appropriations
B. audit
C. authorization
D. execution
E. preparation
Answer: E
Which is not a fiscal policy tool?
Which is not a fiscal policy tool?
A. government expenditures
B. management of the national debt
C. regulating the money supply
D. tax breaks
E. taxation
Answer: D
Which group or law called for the decentralization of public personnel administration and permitting federal agencies to design their own performance managers and reward systems?
Which group or law called for the decentralization of public personnel administration and permitting federal agencies to design their own performance managers and reward systems?
A. National Performance Review, also known as the National Partnership for Reinventing Government
B. Civil Service Reform Act
C. Hatch Act
D. Hoover Commission
E. Pendleton Act
Answer: A
Top public managers are either elected or politically appointed; both processes are influenced by public employee organizations and the general public.
Top public managers are either elected or politically appointed; both processes are influenced by public employee organizations and the general public.
A. Collective bargaining is often multilateral instead of bilateral.
B. Those involved in the process must be mindful of both public and clientele sentiment.
C. There is a wide range of mechanisms available that can modify the "final" outcome of the collectively bargained-for agreement.
D. Job security is part of the scope of collective bargaining in either the private or the public sector, but not in both.
Answer: B
All of the following are differences between the private and public sectors that significantly affect the collective bargaining process except:
All of the following are differences between the private and public sectors that significantly affect the collective bargaining process except:
A. Top public managers are either elected or politically appointed; both processes are influenced by public employee organizations and the general public.
B. Collective bargaining is often multilateral instead of bilateral.
C. Those involved in the process must be mindful of both public and clientele sentiment.
D. There is a wide range of mechanisms available that can modify the "final" outcome of the collectively bargained-for agreement.
E. Job security is part of the scope of collective bargaining in either the private or the public sector, but not in both.
Answer: E
The Civil Service Reform Act of 1978:
The Civil Service Reform Act of 1978:
A. created the Merit Systems Protection Board (MSPB), the Office of Personnel Management (OPM), and the Civil Service Commission (CSC)
B. delegated all personnel administration and collective bargaining responsibilities to agencies
C. streamlined disciplinary procedures, except for dismissal procedures
D. strengthened protections for "whistle-blowers"
E. none of the above
Answer: D
"Scientific management," goodness, merit, morality, and neutrality were considered virtues and job classification and the separation of politics from administration were used. These characteristics describe:
"Scientific management," goodness, merit, morality, and neutrality were considered virtues and job classification and the separation of politics from administration were used. These characteristics describe:
a. government by "gentlemen"
b. government by the "common man"
c. government by the "good"
d. government by the "efficient"
e. government by "administrators"
Answer: D
The president best known for his use of patronage without necessarily being known as the "patronage" president, was:
The president best known for his use of patronage without necessarily being known as the "patronage" president, was:
A. Andrew Jackson
B. Thomas Jefferson
C. Abraham Lincoln
D. James Polk
E. Richard Nixon
Answer: A
The Civil Service Reform Act of 1978 was designed to solve the following personnel management weaknesses in the U.S. Civil Service except:
The Civil Service Reform Act of 1978 was designed to solve the following personnel management weaknesses in the U.S. Civil Service except:
A. lack of clear mechanisms and principles for performance appraisal
B. existence of "protected employment"
C. excessive presidential control over the Civil Service Commission
D. a lack of standardization and professionalization by the U.S. government in how it conducts collective bargaining with its employees
Answer: C
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