Blog 5

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

b) due process
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

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.