Chapter 24 and 25 – Flashcards

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question
According to most State constitutions, if a governor resigns or leaves office midterm the _____ serves the remainder of his term. A. lieutenant governor B. secretary of state C. president of the senate D. attorney general
answer
lieutenant governor
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All of the following are methods of proposing changes to a State constitution EXCEPT A. by the legislature B. by voter initiative C. by constitutional convention D. by the governor
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by the governor
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All of the following are nonlegislative powers held by State legislatures EXCEPT the A. power to approve certain gubernatorial appointments B. power of impeachment C. police power D. power to make and revise constitutional amendments
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police power
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How long are the terms of State legislators? A. 1 or 3 years B. 1 or 2 years C. 2 or 4 years D. 2 or 3 years
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2 or 4 years
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In 27 States, voters may propose the passage of laws by A. initiative B. writer-in ballot C. optional referendum D. mandatory referendum
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initiative
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In most State governments, the secretary of state A. acts as the legal advisor to all State officers B. acts as the chief clerk and record-keeper C. is the chief tax collector D. presides over the Senate
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acts as the chief clerk and record-keeper
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In some States, a serious criminal case may be heard without a petit jury if the A. jurors waive their right to hear and decide the case B. accused waives the right to a trial by jury C. State permits the prosecuting attorney to use information instead D. judge orders that a gran jury be used instead
answer
accused waives the right to a trial by jury
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In States that have a bicameral legislature, the lower house A. elects a president to preside B. always has nonpartisan leadership C. elects a speaker to preside D. has two presiding officers
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elects a speaker to preside
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Most State constitutions need reform because they are A. all of the above B. too long C. unclear about the difference between fundamental and statutory law D. too old
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all of the above
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Most State legislatures today are A. nonpartisan B. unicameral C. relatively powerless D. bicameral
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bicameral
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The branch of law called equity A. consists of rules and regulations based on the United States Constitution B. is used to prevent potential wrongs before they occur C. consists of statutes enacted by legislative bodies or by the people D. is used to settle disputes after they happen
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is used to prevent potential wrongs before they occur
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The form of law enacted both by the people, through referendum or initiative, and by legislative bodies is called A. common law B. equity C. constitutional law D. statutory law
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statutory law
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The fundamental laws of each State are A. established by the governor B. never subject to change C. determined by State courts D. the State constitution
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the State constitution
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The major function of _____ is to determine whether the evidence against a person charged with a crime is sufficient to justify a trial. A. a grand jury B. the prosecuting attorney C. the magistrate D. a petit jury
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a grand jury
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The names of potential jurors are often selected from A. telephone books B. postal service lists C. political party rolls D. motor vehicle and driver's license lists
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motor vehicle and driver's license lists
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The popular election of judges is supported mainly on the grounds that A. most people believe that the characteristics that make a good judge and those that make a good candidate are always found in the same person B. most people believe that judges should be involved in politics C. it ensures the selection of the best-qualified candidates D. it makes those who apply the law directly accountable to the people
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it makes those who apply the law directly accountable to the people
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The primary cause of long State constitutions is A. the successful separation of fundamental law from statutory law B. too much stress on fundamental law C. distrust of the government D. the desire to be thorough
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distrust of the government
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The _____ is a petition procedure by which voters may remove an elected official from office before the completion of his or her regular term. A. recall B. initiative C. referendum D. commutation
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recall
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The _____ is the usual device by which new State constitutions are written and older constitutions revised. A. constitutional convention B. selection by public initiative C. selection by legislature D. selection by governor
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constitutional convention
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Today, the most widely used method for selecting judges to sit in State and local courts is A. selection by the legislature B. selection by the governor C. popular election D. selection by judicial commission
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popular election
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Unlike a grand jury, a petit jury A. always has 12 jurors B. is a trial used in both civil and criminal cases C. may question witnesses and summon others to testify against a suspect D. is used only in civil cases
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is a trial used in both civil and criminal cases
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Which action is based on the police power of State legislatures? A. requiring the use of seat belts B. imposing a meals tax C. proposing a new State constitution D. impeaching a State judge
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requiring the use of seat belts
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Which of the following could be among the informal requirements for State legislators? A. State of residence B. party identification C. age D. citizenship
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party identification
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Which of the following is NOT true of each State's constitution? A. Each State constitution distributes power among the three branches of State government B. Each State constitution details the mean by which it may be amended C. Each State constitution contains a bill of rights guaranteeing certain rights to the public D. Each State constitution takes priority over all provisions of federal law
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Each State constitution takes priority over all provisions of federal law
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Which of the following is responsible for the formal interpretation of a State's constitutional and statutory law? A. the attorney general B. the governor C. the secretary of state D. the lieutenant governor
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the attorney general
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Which State was the first in which popular approval played a direct role in the adoption and ratification of a State constitution? A. Georgia B. Connecticut C. New York D. Massachusetts
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Massachusetts
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All of the following statements about the kinds of law applied in State courts are true EXCEPT A. The highest law in the country is constitutional law B. Precedents have the weight of law and must be followed regardless of the facts in each individual case C. Statutory laws are those enacted by legislative bodies D. Equity seeks to stop wrongs before they occur.
answer
Precedents have the weight of law and must be followed regardless of the facts in each individual case
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Although the first State constitutions guarded against too much power in the hands of the governor, the people soon found that A. the qualifications of the office were enough to prevent this problem B. the legislature also needed its powers curbed C. this was the best accomplished by keeping the veto power in the hands of the legislature D. no constitution could really prevent this problem
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the legislature also needed its powers curbed
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For what reason might legislators use an optional referendum for "hot potato" issues? A. Legislators want to see if enough voters feel strongly enough about the issue to gather the required number of signatures B. The Constitution in most States requires voter input on controversial issues C. Legislators wish to "pass the buck" to the governor D. A vote either way on these controversial issues could cause legislators to lose votes in the next election
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A vote either way on these controversial issues could cause legislators to lose votes in the next election
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In the movement to try some juveniles as adults, courts make it clear that A. the juvenile courts are overloaded B. juveniles really cannot be held responsible for their actions C. for justice to be served, certain offenders must be punished regardless of their age D. juveniles have no constitutional rights
answer
for justice to be served, certain offenders must be punished regardless of their age
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If the decision of an appellate court is appealed, the case then goes before Select one: A. a magistrates court. B. a general trial court. C. a municipal court. D. the State supreme court.
answer
the State supreme court.
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What structure does the diagram represent? Select one: A. the organization of a typical State court system B. the appeals process under criminal law C. the structure of judicial appointment under the Missouri plan D. the organization of a typical city court system
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the organization of a typical State court system
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Which label should appear at the place marked by the letter W? Select one: A. Municipal Courts B. Court of Appeals C. Small Claims D. Justice Courts
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Court of Appeals
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Which label should appear at the place marked by the letter X? Select one: A. Court of Appeals B. Small Claims C. Municipal Courts D. Justice Courts
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Justice courts
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Judging by the length of a typical State constitution, these documents are A. largely unchanged from colonial days B. quite flexible C. easier to amend than the national Constitution D. based strictly on fundamental law
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easier to amend than the national Constitution
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One major difference between the powers of most governors and those of the President is that A. a governor often must appoint some members of the opposing party to posts in his or her administration B. the State budget originates with the governor C. the people look to the governor for leadership D. the governor is responsible for seeing that the laws of the State are "faithfully executed."
answer
a governor often must appoint some members of the opposing party to posts in his or her administration
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The fact that the spoils system is alive and well in State legislatures can be seen in A. the way committee chairs and members are appointed B. the role of the lieutenant governor in the legislature C. the fact that almost all State legislatures are bicameral D. the informal requirements for State legislators.
answer
the way committee chairs and members are appointed
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The high cost of a grand jury is related to A. the amount of work the prosecutor must do in preparation for the grand jury B. the amount of time spent on them by judges and other court officers C. both a and b D. neither a nor b
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both a and b
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The Missouri Plan combines the twin goals of ____ into one approach. A. popular sovereignty and selection of highly qualified judges B. eliminating the fee system and reducing the number of judges C. political party participation and separation of powers D. relieving court caseloads and maintaining efficiency
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popular sovereignty and selection of highly qualified judges
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The recall of a governor reflects A. the system of checks and balances B. the principle of limited government C. the principle of separation of powers D. the principle of popular sovereignty
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the principle of popular sovereignty
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What conclusion can be drawn from the fact that cases are sometimes dropped when a jury cannot reach a verdict? A. the judge has very little authority in most court rooms B. the jury system should be abolished C. the court concludes that there is not enough evidence to find the defendant guilty D. double jeopardy is prohibited by the 5th Amendment
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the court concludes that there is not enough evidence to find the defendant guilty
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When it comes to ratifying a State constitutional amendment, ballot fatigue can lead to A. approval of the amendment by the State supreme court B. complete revision of the State constitution C. the defeat of the amendment D. review of the amendment by the legislature
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the defeat of the amendment
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Which of the following might be one reason the turnover among State legislators is fairly high? A. the compensation is low B. the qualifications are too difficult to meet C. the term is too long D. the session is too short
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the compensation is low
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Which of the following types of federal courts serve(s) the same function as the State appellate courts? A. the courts of appeals B. the Court of Federal Claims C. the general trial courts D. the Supreme Court
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the courts of appeals
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A major factor affecting the economy and budget of most States is A. postal service B. teacher certification C. defense capability D. degree of urbanization
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degree of urbanization
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All of the following are among the major elements of the structure of county government EXCEPT A. a number of boards or commissions B. a governing body C. a number of elected officials D. an independent executive board
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an independent executive board
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All of the following factors contributed to the growth of the nation's suburbs after World War II EXCEPT A. the need for less privacy B. the desire for a higher social status C. the desire for cheaper land D. the need for newer and better public schools
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the need for less privacy
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All of the following include examples of federal limitations placed on State and local taxing powers EXCEPT A. the Due Process Clause B. the taxing of interstate and foreign commerce C. the taxing of the federal government and its agencies D. the taxing of cigarettes and alcohol
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the taxing of cigarettes and alcohol
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All of the following include examples of the common functions of counties EXCEPT the A. dividing of land into residential, commercial, and industrial zones B. maintaining of jails and correctional facilities C. assessing of property for tax purposes D. issuing of marriage and hunting licenses
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dividing of land into residential, commercial, and industrial zones
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An unreasonable tax classification would be one aimed exclusively at A. insurance policy holders B. beer drinkers C. people over 65 D. smokers
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people over 65
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As a type of local government, special districts are created to A. meet general public needs B. meet specified public needs C. serve rural areas only D. coordinate county services only
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meet specified public needs
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At the State and local level, the first step in the typical budget process is that A. governor reviews spending estimates and presents the information to the legislature. B. each agency prepares estimates of its needs and expenditures for the upcoming year. C. the budget is considered part-by-part by the legislature. D. spending estimates are reviewed by an executive budget agency.
answer
each agency prepares estimates of its needs and expenditures for the upcoming year.
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City zoning is most often opposed on the grounds that it A. has been declared unconstitutional by the Supreme Court. B. typically raises property values. C. is used primarily to benefit real estate developers. D. denies people the right to use their property as they choose.
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denies people the right to use their property as they choose.
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In most States, people buying new cars must pay both A. income and sales taxes B. sales and property taxes C. amusement and property taxes D. estate and license taxes
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sales and property taxes
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Many weaknesses of county government are caused by the lack of A. a centralized executive authority B. elected officers authorized to perform countywide duties C. power to levy taxes D. commissions authorized to regulate county services
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a centralized executive authority
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State budgets vary greatly according to the degree of _____ in each State. A. urbanization B. assessment C. entitlement D. incorporation
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urbanization
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State constitutions may limit taxes for A. federal property taxes B. private purposes only C. interstate commerce D. religious and other nonprofit groups
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religious and other nonprofit groups
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The dramatic shift from a rural to an urban population was first made possible on a large scale by the A. steam engine B. airplane C. stagecoach D. automobile
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steam engine
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The main purpose of a city's charter is to A. provide a forum for public debate B. establish the city as a legal body C. set out the city's basic laws D. provide for the election of city officers
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set out the city's basic laws
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The main reason that States hold many important powers is that the A. framers distrusted a strong central government B. States have accrued these powers over the years C. Constitution describes a unitary State D. Constitution does not grant many States' rights.
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framers distrusted a strong central government
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The planning method most cities rely on to classify and control land use within their boundaries is called A. urbanization B. due process C. zoning D. environmental protection
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zoning
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The purpose of a State budget is to A. divide the previous year's surplus among the local units of government B. decide which agencies receive money and how much C. list expenses that have already been made D. give the appearance of order to a chaotic series of steps in spending
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decide which agencies receive money and how much
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The shift from rural to urban society in the United States was due to A. all of the above B. improvements in transportation C. the invention of labor-reducing farm devices D. growth in factory-based industries
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all of the above
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The United States Constitution reserves to the States all powers not delegated to Congress or denied to the States, meaning that the States A. have little responsibility to the Federal Government B. hold almost no power C. have complete authority over the Federal Government D. hold a great number of powers
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hold a great number of powers
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Which of the following include examples of the ways in which metropolitan areas attempt to meet fiscal challenges? A. the annexation of outlying areas B. the creation of special districts in heavily populated urban areas C. the increase of authority given to local county governments D. all of the above
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the annexation of outlying areas
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Which of the following is true of a budget? A. all of the above B. it is a statement of public policy C. it is a financial plan for the use of public money D. it is a political document
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all of the above
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Which of the following services are provided by both State AND local government? A. education and defense B. urbanization and education C. public safety and industrial regulation D. education and public safety
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education and public safety
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Which statement is true about all counties in the United States? A. they can only be created by the state B. their size is based on the size of the state C. they serve only a judicial function D. their size is based on the population of the state
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they can only be created by the state
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As State governments have increased funding to public schools, they have also A. shifted the responsibility for maintaining high quality in schools to local governments B. increased their involvement in education C. reduced the number of public schools D. reduced property taxes
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increased their involvement in education
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As the nation's population shifted from rural to urban, how might State budgets have been affected? A. State budgets would have remained largely unchanged B. State budgets would have mushroomed C. State budgets would have shrank D. State budgets would have become more detailed
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State budgets would have mushroomed
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Cities serve the interests of _____ while counties serve the interests of _____. A. the State/the Federal government B. the State/their residents C. charters/townships D. their residents/the state
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their residents/the state
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Cities that seek federal aid must have a master plan to guide their future growth. What ideology does this reflect? A. a belief that city planning is unconstitutional B. a belief that city planning is a proper and positive use of State powers C. both a and c D. a belief that it is proper for the Federal Government to exert influence over local matters
answer
both a and c
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In the federal system, counties are major units of local government that A. are subordinate to State government B. comprise the third level of government C. are on the same level of government as the States D. share some powers with the National Government and the States.
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are subordinate to State government
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In which of the following units of local government is it MOST difficult to determine which official is responsible for which government function? A. the special district B. the town C. the township D. the county
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the county
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Under both plans, the city council has the power Select one: A. to make policy. B. to approve the mayor's acts. C. to appoint municipal judges. D. to carry out policy.
answer
to make policy.
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Under the strong mayor-council plan, what formal power does the mayor have to check the policies of the city council? Select one: A. the veto power B. no formal power is provided C. the power to appoint judges D. the power to make policy
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the veto power
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Under the weak mayor council plan, the city council has A. executive power only B. legislative power only C. both executive and legislative power D. no power
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both executive and legislative power
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Under the weak mayor-council plan, department administrators are directly accountable to the A. municipal judges B. mayor and council C. mayor only D. council and other officials
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council and other officials
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Legislation passed in 1996 changed cash assistance to the poor from A. public welfare to public safety B. uncontrollable to controllable spending C. a block grant to an entitlement D. all of the above
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uncontrollable to controllable spending
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Licensing is used by States A. to raise revenue B. to limit the competition in certain businesses within the State C. to protect citizens' welfare D. both to raise revenue and to protect citizens' welfare
answer
both to raise revenue and to protect citizens' welfare
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Many observers believe that those county officers whose work does not involve the making of public policy but does involve specialized knowledge A. should be elected every two years B. should have executive but not legislative powers C. should be eliminated from government altogether D. should be appointed rather than elected
answer
should be appointed rather than elected
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One possible reason that suburbanites have resisted annexation is that A. their needs differ from those of city dwellers B. this approach gives counties too much authority C. their populations are to small to warrant it D. they would prefer to remain part of nearby cities
answer
their needs differ from those of city dwellers
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Property taxes are largely local taxes in part because A. States have already imposed income and sales taxes B. it is easiest for local government to assess property C. otherwise, they would be regressive taxes D. both a and b
answer
it is easiest for local government to assess property
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States' reluctance to allow local governments to tax can be traced to A. the fact that all services within a State are provided by the State, not the local, government. B. suburbanitis. C. a desire to relieve local governments of this burden. D. federalism.
answer
federalism
question
The constitutionality of city zoning must be determined in part by measuring A. to what extent the 14th Amendment applies to the States. B. how many cities have adopted zoning ordinances. C. whether the welfare of the majority outweighs the rights of the minority. the power of the Federal D. Government vs. the power of local governments.
answer
whether the welfare of the majority outweighs the rights of the minority. the power of the Federal
question
Under the council-manager form of city government, which of the following would be responsible for deciding whether or not to pass a zoning ordinance? A. the board of commissioners B. the mayor C. the council D. the city manager
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the council
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Which of the following basic principles of government do county governing boards NOT uphold? A. all of the above B. limited government C. popular sovereignty D. separation of powers
answer
separation of powers
question
When a State constitution is revised, Select one: A. a new provision is added to the document. B. a large portion of the document is changed. C. the State courts tend to be less strict in interpreting the new constitution. D. the legislature usually makes the changes.
answer
a large portion of the document is changed.
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