The Legislative Process – Quizzes – Quiz 1

Question 1
The Progressive Era lasted from:

1960 – 1969
1890 – 1920
1933 – 1836
1901 – 1909

Question 2
5 / 5 pts
____________ created and passed by a legislature was considered inferior to the judge-made common law for most of America’s history.

Criminal law
Administrative law
Statutory law
Common law

Question 3
5 / 5 pts
____________ has come to dominate the American legal system.

Federal law
Statutory law
Common law
Criminal law

Question 4
5 / 5 pts
During their first year, most law school students are immersed in the common law system.

True
False

Question 5
5 / 5 pts
Chief Justice Melville Weston Fuller proclaimed the superiority of legislation in 1908.

True
False

Question 6
5 / 5 pts
Two ways in which the courts impede or thwart social legislation by the industrial conditions of today include:

illiberal construction and federal power
express language and legislative demand
narrow construction of constitutional provisions and narrow attitude toward legislation
through alien element and state provision

Question 7
5/ 5 pts
Which of the following is NOT one of the four ways in which courts might deal with a legislative innovation?

They might receive it fully into the body of law to be reasoned from by analogy the same as any other rule.
They might not make it a rule to be applied or a principle from which to reason and not hold it as an expression of good will.
They might refuse to reason from it by analogy and apply it only directly.
They might refuse to receive it fully into the body of law and only give direct effect to it.

Question 8
5 / 5 pts
Which of the following represents the orthodox common law attitude toward legislative innovations?

They might not make it a rule to be applied or a principle from which to reason and not hold it as an expression of good will.
They might receive it fully into the body of law to be reasoned from by analogy the same as any other rule.
They might refuse to receive it fully into the body of law and only give direct effect to it.
They might refuse to reason from it by analogy and apply it only directly

Question 9
5 / 5 pts
American courts are restrained by doctrine of parliamentary supremacy.

True
False

Question 10
5 / 5 pts
Common law was believed superior to legislation because:

it was common among the people.
it was a custom of judicial decision.
it was customary and rested upon consent of the governed.
it often characterized American lawmaking, both judicial and legislative

Question 11
5 / 5 pts
When it comes to legislation, the new principles are in ______________, the old principles are in _______________.

legislation, common law
common law, legislation
the legislative, the executive
theory, practice

Question 12
5 / 5 pts
The best known saying about legislation is attributed to _______________.

United States President Woodrow Wilson
Supreme Court Chief Justice William Rehnquist
England’s Queen Elizabeth II
German Chancellor Otto von Bismarck

Question 13
5 / 5 pts
James Madison had hoped that American legislators would master three ‘fundamental competencies’ EXCEPT:

Patriotism
Justice
Partisanship
Wisdom

Question 14
5 / 5 pts
A legislator’s sympathy for the circumstances of all their constituents including opponents and strangers best reflects:

Justice
Partisanship
Wisdom
Patriotism

Question 15
5 / 5 pts
_________________ and ______________ insisted that legislative institutions in a free society must teach their members to govern well.

Roscoe Pound, Alan Rosenthal
James Madison, Alexander Hamilton
William N. Eskridge, Phillip P. Frickery
James Madison, John Stuart Mill

Question 16
5 / 5 pts
Which branch of the U.S. Government is responsible for making laws?

The Legislative Branch
The Department of Justice
The Executive Branch
The Judiciary Branch

Question 17
5 / 5 pts
The Legislative Process of American Government mainly unfolds in what institution?

The Presidency
Congress
The Courts
Supreme Court of the United States

Question 18
5 / 5 pts
Congress’ TWO most basic functions are:

Legislation and Representation
Authorization and Appropriation
Legislation and Authorization
Representation and Authorization

Question 19
5 / 5 pts
The American Legislative Process unfolds in a ___________ legsilature.

Multicameral
Bicameral
Unicameral
Republican

Question 20
5 / 5 pts
There are ______________ members that make of the U.S. Congress.

535
295
435
100

1890 – 1920, Statutory, Statutory, T,f, narrow const, not they might receive, refuse to reason,f, customary and rested, legislation & Common, German chancellor, partisanship, patriotism, james madison & John Stuart Mill, legislative branch, congress, legislation &representation, bicameral, 535