Thursday, February 13, 2014

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
because I knew it was right
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
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
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
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.
I believe this one is true because higher courts are appeal courts
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
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
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
she was searched for harvesting illegal immigrants with no 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.
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.

Blog 4

Marbury v. Madison: 1803:: Marbury was appointed to a government position by John Adams in his last hours as president, the appointments were approved by congress, but the forms had not been turned in yet. The next day Thomas Jefferson was sworn in as president, and told James Madison the new secretary of state to not turn in the forms because Jefferson viewed them as null and void in that they spilled over to his term. The supreme court ruled in favor of Marbury in a 4-0 vote, this court case established judicial review, and the power of the judicial branch.           

Plessy v. Ferguson: 1895:: In Louisiana a law required there to be separate rail cars for whites and blacks. Homer Plessy was a man who was seven eighths white, and sat down the the white car. He was asked to move to the black car, but refused and was promptly arrested. The supreme Court voted in favor of Ferguson 7-1 with one abstention. The cases set the precedent of “separate but equal” thus allowing racial segregation but both had to have equal public works. (eg: water fountains, restrooms)  

Schenck v. U.S.: 1918:: During the time of WW1, Schenck wrote to draftees that they should not submit to the government to be drafted, and that they should protest the conscription act. The court voted in favor of the U.S. with a vote of 9-0. The Ruling determined that things that can be deemed as non punishable during peace time can be punished during wartime. established differences during wartime vs. peacetime.

Monday, February 10, 2014

Blog 3 entry

The cartoon depicts three judges talking, and one of them says, "Do you ever have one of those days when everything seems unconstitutional?" The cartoon is referring to the supreme court and their decisions. Specifically it is trying to say that the court makes rulings at random sometimes. In that one day one thing could be protected by the constitution, and the next day it could not be. I personally don't believe the court is always this way, but there are cases a person could make that the court has always been this way.

Wednesday, February 5, 2014

The powers of Judaical court are, it has the ability to rule on matters that deal with the constitution, or treaties of America. Cases involving maritime, cases where the country is represented as a whole, case parties must be, person, state, group of people, or America, eg: (Scott vs. Delaware). The powers of the supreme court come from the constitution in Article 3.   

Monday, February 3, 2014

Hi my name is Scott, this is my first blog, ever i have also never written for a blog before. my favorite charter from star wars are the ewoks, oh I also like Master Windu. Blogs are more informal in that I can say I, or me, or we, or you (the reader), as opposed to more formal writing in a paper. I LIKE PIE!!!!