Test Bank For
The Law and Special Education, 6th edition Mitchell L. Yell Chapter 1-13
Chapter 1 Introduction to the American Legal System
Learning Objective Quiz Learning Objective 1.1: Define federalism and describe how federalism underlies our system of laws. [Q1] Under the United States system of federalism, the federal government has only those powers granted expressly by the U.S. Constitution; those powers not specifically granted to the federal government are the province of the 1. states 2. federal district courts 3. courts of appeals 4. Supreme Court ANSWER: 1. states [Q1 Feedback to Answer Choice 1 [correct]] The 10th Amendment to the U.S. Constitution states that powers not delegated to the federal government are reserved to the states. [Q1 Feedback to Answer Choice 2] The U.S. system of federalism only involves the relationship between the federal government and state governments as outlined in the U.S. Constitution. Federalism does not involve courts. [Q1 Feedback to Answer Choice 3] The U.S. system of federalism only involves the relationship between the federal government and state governments as outlined in the U.S. Constitution. Federalism does not involve courts. [Q1 Feedback to Answer Choice 4] The U.S. system of federalism only involves the relationship between the federal government and state governments as outlined in the U.S. Constitution. Federalism does not involve courts. [Q2] Which amendment to the U.S. Constitution specifically reserves power to the states? 1. The 4th amendment 2. The 5th amendment 3. The 10th amendment
4. The 14th amendment ANSWER: 3. The 10th amendment [Q2 Feedback to Answer Choice 1] This amendment protects persons from unreasonable searches and seizures. [Q2 Feedback to Answer Choice 2] This amendment protects persons from government abuses in criminal cases (e.g., it requires due process of law before the government can deprive an individual of life, liberty, or property). [Q2 Feedback to Answer Choice 3 [correct]] This amendment requires that any powers not delegated to the federal government are reserved to the states. [Q2 Feedback to Answer Choice 4] This amendment grants citizenship to all persons born or naturalized in the United States. Learning Objective 1.2: Identify the four sources of law: constitutional law, statutory law, regulatory law, and case law. [Q3] There are many sources of U.S. law. Which type of law is passed by Congress or state legislatures and signed into law by the president or a governor? 1. Constitutional law 2. Statutory law 3. Regulatory law 4. Case law ANSWER: 2. Statutory law [Q3 Feedback to Answer Choice 1] Constitutional law is the supreme law of the nation. It is the body of law that defines the structure and powers of the federal government. [Q3 Feedback to Answer Choice 2 [correct]] Statutory law refers to laws enacted by legislative bodies such as Congress and the state legislatures. [Q3 Feedback to Answer Choice 3] Regulatory law defines the rules and regulations created by government agencies to implement and enforce laws passed by Congress. [Q3 Feedback to Answer Choice 4] Case law is established by the outcomes of court cases.
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[Q4] The 1. 2. 3. 4.
branch of government interprets the law. legislative executive judicial constitution ANSWER: 3. judicial f i l l
i n
t h e
b l a n k
[Q4 Feedback to Answer Choice 1] The legislative branch creates law. [Q4 Feedback to Answer Choice 2] The executive branch enforces the law. [Q4 Feedback to Answer Choice 3 [correct]] The judicial branch interprets the law. [Q4 Feedback to Answer Choice 4] The Constitution is the supreme law of the nation and not a branch of government. [Q5] Which one of the following components of U.S. law does not have the force of law? 1. Rulings of the U.S. Supreme Court 2. Federal statutes 3. Federal regulations 4. Federally issued policy guidance ANSWER: 4. Federally issued policy guidance [Q5 Feedback to Answer Choice 1] Rulings of the U.S. Supreme Court become law throughout the nation. [Q5 Feedback to Answer Choice 2] Federal statutes have the force of law. [Q5 Feedback to Answer Choice 3] Federal regulations have the force of law. [Q5 Feedback to Answer Choice 4 [correct]] Federally issued policy guidance does not have the force of law. Learning Objective 1.3: Explain how law is created in the federal system. [Q6] What actions can the president take regarding a bill that is passed by Congress? 3 Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
Amend the law Veto the bill and amend it Return the bill to Congress for specific revisions Sign the bill into law ANSWER: 4. Sign the bill into law 1. 2. 3. 4.
[Q6 Feedback to Answer Choice 1] The president may either sign the law or veto it, but the president does not amend the law. [Q6 Feedback to Answer Choice 2] The president may veto a law, but the president cannot amend it. [Q6 Feedback to Answer Choice 3] The president may veto a law or sign the law, but the president cannot send it back for specific revisions. [Q6 Feedback to Answer Choice 4 [correct]] The president may sign or veto bills that come from Congress. [Q7] To override the presidential veto, both houses of Congress need what majority to override the presidential veto? 1. A simple majority 2. 2/3 majority 3. 3/4 majority 4. Unanimous consent ANSWER: 2. 2/3 majority [Q7 Feedback to Answer Choice 1] A simple majority is enough to pass a bill but not to override a veto. [Q7 Feedback to Answer Choice 2 [correct]] A 2/3 majority is needed to override a veto. [Q7 Feedback to Answer Choice 3] Only a 3/4 majority is needed to override a veto. [Q7 Feedback to Answer Choice 4] Only a 2/3 majority is needed to override a veto. Unanimous consent is not needed. Learning Objective 1.4: Describe the hierarchy of the federal court system. [Q8] In the federal judicial system, which of the following is also known as the court of last resort? 1. The Constitutional Court 4 Copyright © 2026 Pearson Education, Inc. All Rights Reserved.
2. The U.S. District Court 3. The U.S. Court of Appeals 4. The U.S. Supreme Court ANSWER: 4. The U.S. Supreme Court [Q8 Feedback to Answer Choice 1] No court in the U.S. federal system is titled a Constitutional Court. [Q8 Feedback to Answer Choice 2] The U.S. District Court is the lowest court in the federal system. It is sometimes known as the trial court. [Q8 Feedback to Answer Choice 3] The U.S. Court of Appeals is the level of court that hears appeals from the U.S. District Court. It is the appellate or intermediate court. [Q8 Feedback to Answer Choice 4 [correct]] The U.S. Supreme Court is the highest court in the land. The highest court is also called the court of last resort. [Q9] When a due process hearing is appealed to a federal court, the judge’s task is to 1. determine if the hearing officer applied the law correctly. 2. retry the case. 3. reverse the ruling of the hearing officer. 4. affirm the ruling of the hearing officer. ANSWER: 1. determine if the hearing officer applied the law correctly. [Q9 Feedback to Answer Choice 1 [correct]] When a due process is appealed to a federal court, the judge’s task is to determine if the hearing officer applied the law correctly. [Q9 Feedback to Answer Choice 2] In any appeal, the task of the judge is to determine if the law was applied correctly. The court does not retry the case. [Q9 Feedback to Answer Choice 3] When a due process is appealed to a federal court, the judge’s task is to determine if the hearing officer applied the law correctly. A judge may choose to reverse the hearing officer’s ruling, but that is not their primary task. [Q9 Feedback to Answer Choice 4] When a due process is appealed to a federal court, the judge’s task is to determine if the hearing officer applied the law correctly. A judge may choose to affirm the hearing officer’s ruling, but that is not their primary task. 5 Copyright © 2026 Pearson Education, Inc. All Rights Reserved.