Ap Government- Ch. 16

Front 1

adversial judicial system

Back 1

court is an arena for 2 parties to bring an issue before a judge

Front 2

criminal v. civil law

Back 2

criminal- person has broken a law and punishment is sought by govt.
civil- issue between two parties over a domestic dispute (lawsuit)

Front 3

where do the majority of all criminal and civil cases take place?

Back 3

state courts

Front 4

litigants

Back 4

party engaged in a lawsuit
plaintiff, defendant

Front 5

standing to sue

Back 5

requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government

Front 6

class action suits

Back 6

lawsuits permitting a small number of people to sue on behalf of all other people similarly situated

Front 7

justiciable disputes

Back 7

a case must be capable of being settles as a matter of law rather than on other grounds as is commonly the case in legis. bodies

Front 8

amicus curaie briefs

Back 8

submitted by "friend of the court" to express interest in a case and influence decision

Front 9

writ of habeus corpus

Back 9

court order requiring jailors to explain to a judge why they are holding a person in custody

Front 10

constitutional courts

Back 10

lower federal courts of original jurisdiction

Front 11

legislative courts

Back 11

specialized courts

Front 12

original jurisdiction

Back 12

jurisdiction of a court that hears a case first, usually in a trial; determines facts about case

Front 13

apellate jurisdiction

Back 13

jurisdiction of courts that hear cases brought to them on appeal from lower courts; do not review factual record, only legal issues involved

Front 14

judicial restraint v. judicial activism

Back 14

judges play minimal policy-making roles (leaving that duty to the legislature)
judges make bold policy decisions (charting new constitutional ground)

Front 15

senatorial courtesy

Back 15

unwritten tradition whereby nominations for state-level federal judicial post are not confirmed if they are opposed by the senator from the state in which the nominee will serve

Front 16

McCullough vs. Maryland (1819)

Back 16

established supremacy of national govt; Congress had certain implied powers in addition to those enumerated in the Constitution

Front 17

case discuss list

Back 17

list given to justices in a conference to discuss whether the case should be heard or not

Front 18

rule of 4

Back 18

a case can be scheduled for argument if 4 justices agree

Front 19

writ of certiorari

Back 19

formal document issued from supreme court to lower federal or state court that calls up a case

Front 20

writ of mandamus

Back 20

court order forcing action; in Marbury v. Madison, Marbury asked S.C. to issue a writ ordering Madison to give them commissions

Front 21

91 district courts

Back 21

only federal courts in which trials are held and in which juries may be impaneled

Front 22

types of opinions (3)

Back 22

majority- what most justices rule on
dissenting- written by justices opposed to all or part of majority's decision
concurring- written to support majority decision and stress constitutional basis for judgment

Front 23

Supreme Court's jurisdiction

Back 23

original and appellate

Front 24

precedent

Back 24

how similar cases have been decided in the past

Front 25

judicial implementation

Back 25

refers to to how the court decisions are transferred into actual policy

Front 26

original intent

Back 26

a view that Constitution should be interpreted according to the original intent of the framers

Front 27

Brown v. Board
Plessy v. Ferguson

Back 27

no segregation
no separate, but equal facilities

Front 28

U.S. v. Nixon

Back 28

executive privelege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions

Front 29

Warren Court

Back 29

ordered states to reapportion both their legislatures and congressional districts according to principle of one person, one vote; prohibited organized prayer in public schools; extended rights of criminal defendents

Front 30

Rehnquist Court

Back 30

1990s, "move to right", hasn't changed Constitutional law

Front 31

Roosevelt

Back 31

court against New Deal programs; tried to stack court and implement age limit

Front 32

stare decisis

Back 32

"let the decision stand"; vast majority of cases reaching appellate courts are settled on this principle

Front 33

solicitor general

Back 33

in charge of the appellate court litigation of the federal government

Front 34

factors that influence President's decision for nominees to judiciary

Back 34

partisanship, background, low profile, age, gender, race

Front 35

factors that influence Supreme Court's decision to take a case

Back 35

local issue, ruled on before, ripe issue, applies to many people, circuit conflicts

Front 36

Marbury v. Madison

Back 36

1803- Marshall established principle of judicial review