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 judicial activism implies that the Court uses its power to overturn existing law or legislate new policy if it believes it is necessary.

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 when a writ of certiorari is delivered by the Supreme Court, it is asking a lower court to deliver its records from a case so that the Supreme Court can use review it. This is usually used to pick cases.

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 the state holds original jurisdiction in this case. The Supreme Court is given original jurisdiction for all of the other options by the Constitution.

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 the power of judicial review was not officially established until the Supreme Court's ruling in Marbury v Madison.

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 state and federal courts hear different types of cases unless the Supreme Court decides to occasionally hear a matter that was appealed from a state court.

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 Court ruled that based on the Fifth Amendment, law enforcement is required to read those taken into custody their rights and give them the right to remain silent.

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 women
c) 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 selective incorporation protects citizens' rights under the Constitution so that states cannot withhold these rights (like not giving blacks and women equality).

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 B because the ruling in Mapp v Ohio was that according to the Fourth Amendment, evidence produced through illegal search and seizure cannot be used in court to prosecute the defendant.

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 cases heard in civil court are those in which a party is suing another party, a party is using an individual, or an individual is using a party.

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 Article 1, Section 8 of the Constitution gives Congress the power to establish federal courts.