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 correct answer is (A) judicial activism because it means that judicial rulings are based upon the judge's personal opinion on what should happen for society (loosely interpret 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 correct answer is (A) that the court will review a lower decision because in Latin, "certiorari" means "to be informed of, or to be made certain in regard to" and in regards to a court of law means that the Supreme Court will re-examine a court previously heard in an appellate or district court.

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 correct answer is (B) that the Supreme Court does not hold original jurisdiction in controversies in criminal law between a citizen and a state. All of the above are specifically listed powers of the US Supreme Court except for answer B.

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 correct answer is (A) judicial review because all of the other options are, in fact, listed specifically in the Constitution.

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 correct answer is (C) that the two are generally autonomous, although federal courts may rule on the constitutionality of state court decisions. This is because only federal courts have the power to try cases regarding constitutionality, state courts do not.

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 correct answer is (B) that the Supreme Court's decision in Miranda v. Arizona was based mainly on the incorporation of the 5th Amendment through the due process clause of the 14th Amendment. The court was brought upon the basis of whether or not the police practice of interrogating individuals without notifiying them of their right to counsel and their protection against self-incrimination violates the Fifth Amendment (it was found that it does violate the 5th Amendment).

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 correct answer is (C) that the Supreme Court has used selective incorporation to apply most Bill of Rights protections to state law. Selective incorporation is a theory that means the rights guaranteed by the first 8 amendments (Bill of Rights) to the U.S. Constitution that are fundamental to and implicit in the concept of ordered liberty are incorporated into the Fourteenth Amendment's due process clause.

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 correct answer is (D) that the court case Mapp v. Ohio extended the 4th Amendment's protection against unreasonable searches and seizures to the states. The whole case was based upon whether or not confiscated materials gathered after an illegal police search were protected by the 1st Amendment and whether evidence obtained through a search in violation of the Fourth Amendment can be admitted in a state criminal proceeding.         
                                   

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 correct answer is (A) that court cases in which one private party is suing another are tried in a civil court. Civil courts only try cases between two (citizen) parties, and criminal courts try cases regarding the United States as 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 correct answer is (D) that Congress has the power to create new federal courts. There is not a fixed amount of federal courts according to the Constitution, however a new federal court needs Congressional approval.