Deck 4: Lawmaking

Question 1

Which of the following is a theoretical perspective on the lawmaking process?

A) critical
B) functionalist
C) public opinion
D) customs

Answer 1

B

Question 2

An example of the moral entrepreneur theory is the _____________.

A) Volstead Act
B) Harrison Tax Act
C) Marijuana Tax Act
D) Opiate Tax Act

Answer 2

C

Question 3

Which of the following is not a way that legislation can be generated?

A) social unrest
B) a particular incident
C) written recommendation
D) apprehension

Answer 3

C

Question 4

Which of the following does not increase the likelihood of legislative response?

A) all members of a party agree
B) mobilized interest groups
C) the concern of an unorganized public
D) no pressure to maintain the status quo

Question 5

The first stage of pre-lawmaking activity is _____________.

A) information gathering
B) formulation
C) mobilization
D) investigation and publicizing

Question 6

How many stages make up the pre-lawmaking process?

A) 4
B) 3
C) 9
D) 6

Question 7

The last stage of the pre-lawmaking process is _____________.

A) modification
B) formulation
C) investigation and publicizing
D) information gathering

Question 8

Which of the following is not a stage in the pre-lawmaking process?

A) interests-aggregation
B) mobilization
C) apprehension
D) formulation

Question 9

Administrative agencies engage in lawmaking through _____________.

A) special interest
B) grassroots issues
C) rulemaking
D) none of these

Question 10

A _______ is a law made by an administrative agency.

A) statute
B) rule
C) code
D) administrative law

Question 11

According to the Federal Administrative Procedure Act, where must notice of proposed rulemaking be published?

A) major media outlets
B) in the agency newsletter
C) in government buildings
D) in the Federal Register

Question 12

From 1968 to 2010, administrative lawmaking _____________.

A) increased dramatically
B) decreased dramatically
C) stayed about the same
D) slowly decreased

Question 13

The process by which an administrative agency issues an order:

A) administrative rulemaking
B) administrative adjudication
C) stare decisis
D) executive order

Question 14

How do rulemaking and adjudication differ?

A) They don't; they are the same.
B) Adjudication is a process of the judicial branch.
C) Rulemaking is informal.
D) Adjudication applies to parties involved in a case.

Question 15

Over the years, the rate of judicial lawmaking has _____________.

A) stayed about the same
B) increased
C) decreased
D) fallen to nearly zero

Question 16

Using due process and equal protection to justify making law rather than interpreting it is called _____________.

A) judicial rulemaking
B) stare decisis
C) judicial activism
D) judicial planning

Question 17

Brown v. Board of Education dealt with which issue?

A) segregation
B) teacher salaries
C) bilingual education
D) locker searches

Question 18

The Miranda v. Arizona case dealt with which issue?

A) rights of immigrants
B) jail segregation
C) permission to have an attorney at interrogation
D) juvenile rights after arrest

Question 19

Which of the following is not a criticism of judicial activism?

A) the policy-making role of judges
B) the election of judges
C) exceeding powers granted to the judicial branch
D) unaccountability

Question 20

There are ____ types of judicial lawmaking.

A) 2
B) 3
C) 4
D) 5

Question 21

Judicial lawmaking includes all of the following types except _____________.

A) precedent
B) activism
C) interpretation of constitutions
D) All of these are types of judicial lawmaking.

Question 22

What does stare decisis mean?

A) "stand by and follow case law"
B) "look at the previous decision"
C) "stand by case law decision"
D) "stand by what has been decided"

Question 23

Lawmaking by precedent is based on which doctrine?

A) judicial activism
B) case law doctrine
C) codified systems of law
D) none of these

Question 24

Following precedents results in all of the following characteristics of law except _____________.

A) predictability
B) certainty
C) morality
D) continuity

Question 25

Which of the following is not a reason why statues are sometimes unclear?

A) the law is badly written
B) the legislature only publishes once a year
C) the law is too vague
D) unintentional errors

Question 26

Influences on the lawmaking process include all but which of the following?

A) previous penal code
B) social science
C) interest groups
D) public opinion

Question 27

What is an amicus curiae?

A) a test case
B) a report prepared by an interest group
C) a friend of the court brief
D) a brief of prerequisite

Question 28

Which of the following is not an example of an interest group?

A) the NAACP
B) the ACLU
C) the AARP
D) the LLBNO

Question 29

Which of the following is not a type of public opinion influence on lawmakers?

A) inverse
B) group
C) direct
D) indirect

Question 30

The use of polls in lawmaking is generally _____________.

A) required
B) encouraged
C) rare
D) ill-advised

Question 31

This study had a profound impact on school busing in the 1960s:

A) the Armor Report
B) the Moynihan Report
C) the Green Report
D) the Coleman Report

Question 32

This book about the Chicago stockyards created a furor after its publication:

A) The Jungle
B) This Endangered Planet
C) Silent Spring
D) Moment in the Sun

Question 33

This attorney wrote Unsafe at Any Speed:

A) F. Lee Bailey
B) Upton Sinclair
C) Fairfield Osborn
D) Ralph Nader

Question 34

Which of the following is an example of the way mass media influences lawmakers?

A) Iran-Contra
B) Watergate
C) Whitewater
D) all of the above

Question 35

The most important legal task of legislative bodies is to make law.

Question 36

Legislation is the only way laws can be enacted in the United States.

Question 37

Most of the code of federal regulations is composed of criminal law.

Question 38

Most agencies can choose which method of lawmaking to use.

Question 39

Just like a court, an agency must wait for issues to be brought before it.

Question 40

Over the years, judicial lawmaking has increased.

Question 41

Following precedent is usually much harder in common-law systems.

Question 42

Due to stare decisis a precedent is usually stronger and more authoritative than a statute.

Question 43

Opinion polls are a strong influence on lawmakers.

Question 44

An example of a social movement as an impetus of law is pro-choice organizations.

Question 45

Compare and contrast the three processes of lawmaking. Include examples to illustrate the similarities and differences.

Question 46

What is judicial lawmaking, and what are the methods judges use to make law? How does judicial activism relate to these methods?

Question 47

Compare and contrast the various influences on the lawmaking processes and use examples of each to illustrate your answer.

Question 48

Define "impetus for law" and describe the sources of impetus for law discussed in the text. Include at least two examples of each source.

Question 49

What is meant by "A Voice from the Wilderness"? Discuss three examples of this impetus for law.