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36 Cards in this Set

  • Front
  • Back
Resolving conflicts 3 steps: ___, politics, adjudication ( political institutions establish rules for ___
force, behavoir/ resolution
Conflict occurs when ___ parties argue, conflict brought to ___, disinterested third party who establishes ___ then ___ clase to previously existing rules and interperts ___'s meanings and applies rules to facts of case or makes a ____
neutral,court, facts, compares, rule, decision
Adjustication is ____; concern for ___, objective facts, for ___, ___ (what's right or more right), decision not based on ___, power or size
political, truth, law, justice, strength
Kinds of law include: ___ law - #1 supremacy, what Constitution says interprt by court; ___ law - action of Congress (bills), status
constitutional, statutory,
Kinds of law include: ___ law - not in hiearchy, collection of laws; ___ law - most massive; ___ law - unique, based common sense; ___ law - justice before action
case, administrative, common, equity
Court structure: __ system, federal & state courts (___ cases, supreme, general, ___ or appeals
Federal: ___ courts, intermediate appeal courts, courts of last resort
dual, most, court
Judicial procedure for criminal cases: ___ through trail through appeals.
Grand jury: __ to __ people, called by __ attorney, presents evidence, inditement
16, 25, US
Pre-trial process: __ 80% cases settle here w/ plea bargain, usually plead guilty to __ sentence
over , lower
Defendent choose between __ or __. Distictic petit jury of __ people, unanimous to convict.
trial, bench, 12
Judge can only overrule ___ verdict.
Appeals process: begins time police into custody, apelate - panel of __to___ judges, attorney briefs, hearings then set free or tried again
3, 5
Supreme Court procedure: __ accept every case, rule of __ to accept, writ of cetiorari (demand to __ court to send to Supreme), briefs (can include not involved opinion called ___ curiae brief), oral agruments, conference (___), opinions (___ system 5-4 or 4-3)
not, 4, lower, amicus, secret, majority
Judicial branch considered __ dangerous, and not a power of __ or __.
least, purse, sword
Judicial appoint: ___ nominates for vacancy (senatorial courtesy for district court, appellate include politics, ___, judicial philosphophy), __ consents
president, partisanship, Senate
Judicial activism (protection from __ majority, ___ constitution) vs. restraint (original ___)
tyranny, living, intent
Courts are inheriantly ___.
Civil Liberties: freedom from __ restrictions. Includes Bill of Rights and __ ammend.
gov't, 14th
Most ammends are about __ rights.
Due process clause - can't take life, liberty, or __ w/out due proccess - entitled to __ trial
property, fair
- Review: the power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the const., or the state const.
- System: system in which the court of law is neutral arena where two parties argue their diffs. Based on the - theory.
adversary, flight
Judicial power is - and -, and only - disputes can be ruled over.
passive, reactive, justiciable
Individs may file suit under - law, the gov't may file suit uner - law.
civil, criminal
- Law: law that comes from authoritative and specific law making sources
- Law: judge-made law that originated in England, where the decision of previous cases decided common cases.
The const. requries a - Court, and Congress decideds whether or not there will be other courts.
The Supreme court has - jurisdiction in cases where the state is a part; it has - jurisdiction in other cases.
original, appellate
- Courts, each state has at least one, are trial courts of - jurisdiction. Only fed courts that emply grand - and petit -.
District, origininal
juries, juries
Courts of -: where decisions of federal districts courts maybe reviewed and -. There are # judicial circuits in the US, # including District of Col., and # includ the appellate court for the Federal Circuit. These courts are powerful - makers.
Appeals, appealed, 11, 12, 13
- - pervades our judicial system and promotes certainty, uniformity, and stability in the law.
stare decisis
Supreme Court Operations:
The - Justice is appointed by -, he heads the entired federal judiciary, and has special admin responsibilities in overseeing the operation of the -.
cheif, the president, judiciary
To get to the SC, a writ of - is needed. The more importance in the operation of the - as a whole, the more likely to be heard. Grants cases based on the rule of -.
certiorari, gov't
the solicitor general represents the federal gov't before the SC an is sometimes called the - justice
- of court is an explantation of a decision made by the court.
The invovlement of courts in - exposes the judiciary to political crit.
There is a link bw the judges and the -. Judicial opinions that - what the people want have the greatest survival value.
people, reflect