1. A
Supreme Court that demonstrates a willingness to change public policy and alter
judicial precedent is said to be engaging in
a) judicial activism
a) judicial activism
b) due process
c) judicial restraint
d) ex post facto lawmaking
e) judicial review
c) judicial restraint
d) ex post facto lawmaking
e) judicial review
The answer
is A because an judicial activism means that the Court is engaged and determined in promoting change in policy, instead of referring to the Constitution.
2. A writ
of certiorari from the Supreme Court indicates that the Court
a) Will
review a lower decision
b) Has
rendered a decision on a case
c) Has
decided not to hear an appeal
d) Will
recess until the end of the calendar year
e) Plans
to overturn one of its previous rulings
The answer
is A because the definition of Certiorari is when the Court orders a lower court to
deliver its records so that they can review it.
3. The
Supreme Court holds original jurisdiction in all of the following types of
cases EXCEPT
a) If the
United States is a party in the case
b) In
controversies in criminal law between a citizen and a state
c) In
controversies under the Constitution, federal laws, or treaties
d) if a
case is between citizens of different states
e) If
cases arise under admirality and maritime laws
The answer
is B because in those cases the state/ federal
courts have original Jurisdiction, not the Supreme court.
4. All of
the following are specifically mentioned in the Constitution EXCEPT
a)
judicial review
b) the
national census
c) rules
of impeachment
d) the
State of the Union address
e) length
of term if federal judgeships
The answer
is A because Judicial review is an implied power, not explicit.This was decided in the Mardbury vs Madison case ruling.
5. Which
of the following correctly states the relationship between the federal and
state judiciaries?
a) Federal
courts are higher courts than state courts and may overturn state decisions on
any grounds.
b)The two
are entirely autonomous, and neither ever hears cases that originate in the
other.
c) The two
are generally autonomous, although federal courts may rule on the
constitutionality of state court decisions.
d) State
courts are trial courts; federal courts are appeals courts.
e) State
courts try all cases except those that involve conflicts between two states,
which are tried in federal courts.
The answer
is C because federal courts need to make sure that state courts keep their decisions constitutional.
6. The
Supreme Court’s decision in Miranda v. Arizona was based mainly on the
a)
Constitutional prohibition of ex post facto laws
b)
Incorporation of the Fifth Amendment through the due process clause of the
Fourteenth Amendment
c) Eighth
Amendment restriction against cruel and unusual punishment
d)
Abolition of slavery by the Fourteenth Amendment
e) full
faith and credit clause of the Constitution
The answer
is B because the police didn't tell Miranda that he had a right to an attorney and no self-incrimination.Under the Fifth Amendment, this was the police's duty.
7. The
Supreme Court has used the practice of selective incorporation to
a) Limit
the number of appeals filed by defendants in state courts
b) Extend
voting rights to racial minorities and womenc) apply most Bill of Rights
protections to state law
d) Hasten
the integration of public schools
e) Prevent
the states from calling a constitutional convention
The answer
is B because initially the bill of rights
was bound to the federal government, but not the states, which caused problems
in racially and gender oppressive states.
8. Which
of the following cases extended the Fourth Amendment’s protection against
unreasonable searches and seizures to the states?
a) Gideon
v. Wainwright
b) Schneck
v. United States
c) Miranda v. Arizona
c) Miranda v. Arizona
d) Mapp
v. Ohio
e) Heart
of Atlanta Motel v. United States
The answer
is D because Mapp vs Ohio because in this court case is when they ruled under the Fourth Amendment that this act was unreasonable without a search warrant.
9. Which
of the following is true of court cases in which one private party is suing
another?
A) They
are tried in civil court
B) The
federal court system has exclusive jurisdiction over them
C) They
are tried in criminal court
D) The
state court system has exclusive jurisdiction over them.
E) They are
tried before a grand jury.
The answer
is A because this case they would be tried in a civil court.
10. Which
of the following is an accurate statement about the federal court system?
a) The
creation of new federal courts requires a constitutional amendment
b) The
creation of new federal courts requires the unanimous consent of all 50 states
c) The
Supreme Court has the sole power to create new federal courts.
d)
Congress had the power to create new federal courts
e) The
number of federal courts if fixed by the Constitution and cannot be changed.
The answer
is D because the Constitution grants Congress to create new Federal courts
under Article I sec 8.