Chapter 1: Introduction to the American Legal System
Test Questions
True or False
1. All states have educational mandates in their constitutions.
2. Unless an appellate court finds a procedural problem or bias in a trial court’s fact-
finding process, the facts as determined by the trial court do not change.
3. A trial court in Oregon is obligated to adhere to an appellate court’s special education
ruling that is authority in Nebraska.
4. A dissent is a statement of a judge (or judges) who does not agree with the results
reached by the majority.
5. Controlling legal authority always cuts across jurisdictional lines (e.g., a decision made
by the U.S. Court of Appeals for the Fourth Circuit will by legal binding in the eighth
circuit).
6. 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 states.
7. Federal involvement has been minimal and, thus, an unimportant factor in the progress
and growth of education.
8. If states accept categorical grants programs, such as the Individuals with Disabilities
Education Act, the states do not need to abide by the terms and guidelines of the grant.
,9. There is a federal constitutional right to an education.
10. When the Supreme Court interprets the laws created by the legislative branch, the
legislature may change or alter the law or create a new law if the members disagree
with the court’s interpretation.
,Multiple Choice
1. The _____________ Amendment to the Constitution has become the legal basis for decisions
in special education.
a. 4th
b. 10th
c. 14th
d. 15th
2. The Handicapped Children’s Protection Act overturned the decision of the U.S. Supreme
Court in Smith v. Robinson, and made it possible for families to:
a. Hire in home teachers at no cost
b. Collect attorney’s fees
c. Receive daily progress reports
d. Receive in-school medical treatment for children
3. The role of the federal district court differs slightly in special education cases because:
a. The fact-finding process takes place at the administrative review process
b. The trial court takes on more of an appellate role
c. It determines if the administrative agency or due process hearing officer
correctly applied the law
d. All of the above
4. A hearing by the full court is referred to as:
a. Jurisprudence
b. En banc
c. A precedential hearing
, d. Gatherus supremeus
5. A judge’s written opinion usually contains:
a. A summary of the case and a statement of the facts
b. In situations in which the court does not follow the law, an explanation of
why the court too this action.
c. An explanation of the court’s reasoning and a record of the decision
d. Both one and three
6. Which of the following does not have the force of law?
a. U.S. Supreme Court decisions
b. Federal regulations
c. Federal statutes
d. Federally issued guidelines
Test Questions
True or False
1. All states have educational mandates in their constitutions.
2. Unless an appellate court finds a procedural problem or bias in a trial court’s fact-
finding process, the facts as determined by the trial court do not change.
3. A trial court in Oregon is obligated to adhere to an appellate court’s special education
ruling that is authority in Nebraska.
4. A dissent is a statement of a judge (or judges) who does not agree with the results
reached by the majority.
5. Controlling legal authority always cuts across jurisdictional lines (e.g., a decision made
by the U.S. Court of Appeals for the Fourth Circuit will by legal binding in the eighth
circuit).
6. 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 states.
7. Federal involvement has been minimal and, thus, an unimportant factor in the progress
and growth of education.
8. If states accept categorical grants programs, such as the Individuals with Disabilities
Education Act, the states do not need to abide by the terms and guidelines of the grant.
,9. There is a federal constitutional right to an education.
10. When the Supreme Court interprets the laws created by the legislative branch, the
legislature may change or alter the law or create a new law if the members disagree
with the court’s interpretation.
,Multiple Choice
1. The _____________ Amendment to the Constitution has become the legal basis for decisions
in special education.
a. 4th
b. 10th
c. 14th
d. 15th
2. The Handicapped Children’s Protection Act overturned the decision of the U.S. Supreme
Court in Smith v. Robinson, and made it possible for families to:
a. Hire in home teachers at no cost
b. Collect attorney’s fees
c. Receive daily progress reports
d. Receive in-school medical treatment for children
3. The role of the federal district court differs slightly in special education cases because:
a. The fact-finding process takes place at the administrative review process
b. The trial court takes on more of an appellate role
c. It determines if the administrative agency or due process hearing officer
correctly applied the law
d. All of the above
4. A hearing by the full court is referred to as:
a. Jurisprudence
b. En banc
c. A precedential hearing
, d. Gatherus supremeus
5. A judge’s written opinion usually contains:
a. A summary of the case and a statement of the facts
b. In situations in which the court does not follow the law, an explanation of
why the court too this action.
c. An explanation of the court’s reasoning and a record of the decision
d. Both one and three
6. Which of the following does not have the force of law?
a. U.S. Supreme Court decisions
b. Federal regulations
c. Federal statutes
d. Federally issued guidelines
