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26 Cards in this Set
- Front
- Back
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At what level of gov. are most court cases heard?
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STATE
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The 3 tiers of the federal courts (and their jurisdiction).
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District Courts --original
US Court of Appeals --appellate Supreme Court --both (primarily appellate) |
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Judicial Activism
vs. Judicial Restraint |
Courts should make big, bold policies.
(Neither liberal nor conservative.) -- Minimal policy making by the courts. (Believe that the legislative branch should be making the policies) |
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What famous court case was decided by an activist court? (Not the Warren Court.)
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Roe v. Wade
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Name two cases decided under the Warren Court. (That are activist.)
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Engel v. Vitale
Gideon v. Wainwright Mapp v. Ohio Brown v. Board Baker v Carr // Wesbury v. Sanders Miranda v. Arizona Griswold v. Connecticut |
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What is an argument in favor of Judicial Activism?
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It helps people who are politically weak.
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Why is the president careful when appointing judges?
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He wants judges with the same ideology.
They are appointed for life, so he wants to be sure that they will make good decisions. |
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Appointing--How do presidents "play politics?"
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He appoints people with the same ideology and/or party.
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Appointing--How do federal judges "play politics?"
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They time their retirements so that they will be replaced by someone with their same ideology.
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Name 3 ways that the courts are the least democratic branch of government.
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1. Not elected.
2. Serve for life. 3. Elite (Mostly white, male, highly educated.) |
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Why did the Framers want the branch to be "so far from the people?"
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So the judges would not be swayed politically.
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How can people try to sway the courts?
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Protests, mail/letters, amicus curiae, briefs, advertisements...
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Class Action Lawsuit
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An individual/small group goes to court and represents a large group as well.
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Amicus Curiae Brief
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"Friend of the courts"
A brief from someone who is not part of the case. |
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"Being Borked"
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When the senate refuses to confirm a judge based on ideology.
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Writ of cert
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An order from a higher court to a lower court saying "send us up all the records."
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Who decides what cases the Supreme Court will hear?
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The Supreme Court
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Rule of Four
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If four justices want to hear a case, it is heard.
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Stare Decisis
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"Let the decision stand."
The courts uphold precedent of the lower court's decision. |
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Original Intent
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Follow the original intent of the Framers when they wrote the Constitution.
Favored by conservatives. |
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How can a judge be involuntarily removed (besides death)?
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Impeachment.
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Senatorial Courtesy
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If a nominee is not liked by his state's senators, the President will not choose him.
Applies to the district courts. |
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How do most criminal cases end?
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Plea bargain.
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Define judicial review and name the case that established it.
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Gives courts the right to strike down actions (made by other branches) as unconstitutional.
Established by Marbury v. Madison. |
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How can the Amendment Power overturn the court's decision?
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Congress can amend the Constitution thus overturning the courts decisions.
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How can Statutory Construction overturn the court's decision?
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Congress can rewrite a law causing the court's decision to be overturned.
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