Ap Nsl Chapter 14 Judiciary

Front 1

Which Article of the constitution describes the judicial system?

Back 1

Article III

Front 2

What is the term of service for federal judges?

Back 2

Life, as long as he or she has "good behavior"

Front 3

Are federal judges elected or appointed?

Back 3

appointed by President with advice and consent of Senate

Front 4

Are state judges elected or appointed?

Back 4

Both, there are elections for state and local judges and some state or local judges are appointed.

Front 5

What does the term "judicial branch" mean?

Back 5

Of the three branches of government in a democracy, the one responsible for interpreting laws, conducting trials.

Front 6

Which Chief Justice established the principle of "judicial review"?

Back 6

John Marshall

Front 7

What does "judicial review" mean?

Back 7

The Supreme Court has the sole power to interpret the Constitution. It also means the power of any court to refuse to enforce a law or government regulation that conflicts with the constitution.

Front 8

What does "adversary system" mean?

Back 8

a system that believes that arguing over law and evidence guarantees fairness. The courts provide a NEUTRAL arena for the parties to make their best arguments in.

Front 9

what is criminal law?

Back 9

crimes against public order, punishment
Ex: murder, burglary, theft...

Front 10

What is civil law?

Back 10

relations among individuals, defines legal rights, usually involving property.

Front 11

What is the name of the party that bring the suit in a CRIMINAL CASE?

Back 11

prosecutor (it is the federal or state government)

Front 12

What is the name of the accused in a CRIMINAL CASE?

Back 12

defendant

Front 13

What is the name of the party that brings the case in a CIVIL CASE?

Back 13

plaintiff

Front 14

What is the name of the party who is sued in a CIVIL CASE?

Back 14

defendant

Front 15

What does a PLAINTIFF in a CIVIL CASE have to have in order to bring a case to trial?

Back 15

STANDING

Front 16

What is a plea bargain?

Back 16

In a criminal case, when the defendant pleas guilty to a lesser charge in order to avoid going to trial for a more serious offense.

Front 17

What does "justiciable dispute" mean?

Back 17

it means an actual case or controversy that is capable of legal settlement.

Front 18

Can the court bring a case?

Back 18

no

Front 19

What happens if the court decides that a case is not justiciable?

Back 19

it dismisses (refuses to hear) the case

Front 20

What kinds of problems could make a case not justiciable?

Back 20

Not RIPE: means the harm has not yet occurred.
MOOT: opposite of not ripe, the harm has already happened and will not affect the plaintiff
POLITICAL QUESTION

Front 21

Why won't federal courts hear cases involving POLITICAL QUESTIONS?

Back 21

Usually, the courts defer to the legislature to resolve question of politics.

Front 22

What is a famous exception to the generalization that the court does not take political questions?

Back 22

the 2000 presidential election, the supreme court ruled for George W. Bush over Gore.

Front 23

What government department prosecutes federal criminal and civil cases?

Back 23

Department of Justice

Front 24

Who is the head of the Department of Justice?

Back 24

The Attorney General

Front 25

Who represents the United States before the Supreme Court?

Back 25

The Solicitor General

Front 26

How many US Attorneys are there?

Back 26

94

Front 27

Who appoints US attorneys?

Back 27

The president, with the advice and consent of the Senate.

Front 28

What is senatorial courtesy?

Back 28

The tradition of submitting the names of prospective presidential appointees from a Senator's home state to the Senator before the appointment.

Front 29

How many federal judicial circuits districts are there?

Back 29

13

Front 30

What does "original jurisdiction" mean?

Back 30

it means the first court to hear the case...usually the trial court

Front 31

What cases does the Supreme Court have original jurisdiction for?

Back 31

ambassadors, diplomats, other public minister
cases in which a state or states are a party

Front 32

What does "appellate jurisdiction mean?

Back 32

the authority of a court to hear an appeal of a decision by a lower court or agency

Front 33

What type of jurisdiction does the Supreme Court usually have?

Back 33

Appellate jurisdiciton

Front 34

In the federal system, which courts are the most numerous and hear the most cases?

Back 34

The DISTRICT COURTS, these are the trial courts. These courts hear the fact and make a ruling.

Front 35

In the federal system, which courts hear appeals from the district court decisions?

Back 35

The Circuit Court of Appeals

Front 36

What does "precedent" mean in the judicial system?

Back 36

a decision made by the higher court is binding on all the other lower federal courts.

Front 37

How many district courts are there?

Back 37

94

Front 38

How many circuit courts of appeals are there?

Back 38

13

Front 39

Where are most of the court cases heard in the US?

Back 39

STATE COURTS

Front 40

What do state courts mainly do?

Back 40

interpret and apply state constitutions and laws.

Front 41

What does "writ of habeas corpus" mean

Back 41

a court order (the writ) requiring an explanation to the judge why a prisoner is in custody.

Front 42

Which court has the power to review conflicts of state law and federal law?

Back 42

The Supreme Court

Front 43

Where do federal courts get their powers of jurisdiction?

Back 43

The constitution
Congressional grants of jurisdiction.

Front 44

What two things do presidents tend to look for in appointing federal judges?

Back 44

same party
agree on key issues

Front 45

What does "judicial activism" mean?

Back 45

it is a philosophy proposing that judges should strike down law that are inconsistent with the NORMS AND VALUES stated or implied in the Constitution.

Front 46

What does "judicial restraint" mean?

Back 46

a judge should strike down legislation only when it clearly violates the letter of the Constitution.

Front 47

What is a writ of certiorari?

Back 47

the writ (order) used to bring a case before the Supreme Court.

Front 48

What are the two most common ways for a case to be appealed to the Supreme Court?

Back 48

writ of certiorari
in forma pauperis (pauper's) petition

Front 49

What does the rule of four refer to?

Back 49

if 4 Supreme Courts justices are interested in a petition, the case will be heard by the Supreme Court.

Front 50

What is an amicus curiae brief?

Back 50

A brief (a paper) filed as a "friend of the court", meaning not the plaintiff or the defendant but a party that has an interest in the outcome of the case at the Supreme Court.

Front 51

What happens at oral argument?

Back 51

Each side gets 30 minutes, the justices ask questions whenever they feel like it.

Front 52

What happens at conference of the Supreme Court justices?

Back 52

Each week that the court is in session, they hold a conference. Each case is discussed, the justices talk about how they are going to vote and then the case is assigned to a justice to write up.

Front 53

What is the name of the document that has the ruling of the court on a case?

Back 53

An opinion

Front 54

How many Supreme Court justices are there?

Back 54

9

Front 55

How many do you need to make a majority vote?

Back 55

5

Front 56

If a justice disagrees with the majority, what may he or she do?

Back 56

Write a dissenting opinion

Front 57

If a justice agrees with the majority but for a different reason, what may he or she do?

Back 57

Write a concurring opinion.

Front 58

What does a unanimous opinion signal to the lower courts?

Back 58

strength in the decision, no room to apply the law differently

Front 59

What does "stare decisis" mean?

Back 59

the rule of precedent. This is a fundamental principle in our judicial system designed to promote certainty, uniformity and stability. Judges are expected to abide by previous decisions of their own court and of superior courts.

Front 60

Approximately how many cases each year are appealed to the Supreme Court?

Back 60

about 75 each term, much less than 1% of all appeals.

Front 61

What kinds of cases are the Supreme Court most likely to rule on ?

Back 61

Big constitutional or federal law questions
State v. federal conflicts
Death penalty

Front 62

What years were the Warren Court?

Back 62

1953-1969

Front 63

What characterized the Warren Court?

Back 63

judicial activism
liberalism, popular liberties
social rulings like Brown v. Board of Education
rights for criminal defendants

Front 64

What years were the Burger Court?

Back 64

1969-1986

Front 65

What characterized the Burger court?

Back 65

Roe v. Wade
shift to the right, more conservative

Front 66

What years were the Rehnquist court?

Back 66

1985-2005

Front 67

What characterized the Rehnquist court?

Back 67

states rights
strict construction
very organized, disciplined court

Front 68

Who was the first woman appointed to the Supreme Court?

Back 68

Sandra Day O'Connor

Front 69

what is a grand jury?

Back 69

a jury or 12-23 persons, who hear evidence in private by the government to determine if a person must be required to stand trial.

Front 70

What statement does a grand jury issue?

Back 70

an indictment (charging a person with a crime)

Front 71

What is a petit jury?

Back 71

a jury of 6-12 persons that determines guilt or innocence in a criminal or civil trial. This is what we think of when we say "trial by jury"

Front 72

Who presides over a Senate impeachment trial?

Back 72

The Chief Justice of the Supreme Court

Front 73

What was the "court packing plan"?

Back 73

Roosevelt plan to increase the number of justices on the Supreme Court, adding one justice for each justice over 70. It failed.

Front 74

What does the Senate Judiciary Committee do?

Back 74

Hears all nominations for federal judges prior to a vote by the whole Senate.

Front 75

What is a "blue slip" in the federal judicial nomination process?

Back 75

A letter to the senator from the nominee's home state. If the senator does not send back the blue slip, the nomination dies and never even gets to the Senate Judicial Committee.

Front 76

What is a "writ of mandamus"

Back 76

an order from the Supreme court instructing an official to perform a duty

Front 77

What important case involved a writ of mandamus?

Back 77

Marbury v. Madison

Front 78

Why was Marbury v. Madison important?

Back 78

It established the principle that the Supreme Court decided if a law was constitutional (note: it decided the law allowing the SC to issue a writ of mandamus was not constitutional)

Front 79

Who was Marbury?

Back 79

He was a judge appointed by Adams right at the end of his presidency to a newly created judgeship. His letter of appointment was not delivered and the new Secretary of State, James Madison, did not want him to become a judge. Marbury sued Madison to get the position, he lost.

Front 80

Who was the Chief Justice in the Marbury v. Madison decision?

Back 80

John Marshall

Front 81

What happened in McCulloch v. Maryland?

Back 81

Maryland wanted to tax the Bank of the United States, saying that the power to tax was reserved to the states and the power to create a bank was not expressly given to the Federal Government.

Front 82

What principle was established in McCulloch v. Maryland

Back 82

national supremacy, Constitution is the supreme law of the land, no state may tax a national instrument.

Front 83

Key ideas in Federalist 78?

Back 83

independent judiciary
judiciary check on legislature
idea of "judicial review", i.e. supreme court interprets constitutionality of laws.