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105 Cards in this Set
- Front
- Back
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which article is the supreme court established in
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article 3
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which article is the shortest in establishing a branch of govt?
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article 3
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what does section 1 impose?
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federal judicial power to supreme court
mandates that congress establishes inferior courts lifetime tenure for federal judges compromise between small and large state interests |
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section 2?
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supreme court gets original jurisdiction over cases involving states and foreign ambassadors
suprme court gets appelate jurisdiction |
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section 3
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defines treason and explicitly makes trials for treason the jurisdiction
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weakest branch of govt?
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supreme court
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who is given a small original jurisdiction, but wide appelate?
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supreme coourt
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how did the judiciary act of 1789 come about?
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One faction wanted the supreme court to hear federal cases adjudicated by state court, the other wanted a lower federal court system
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what did the judiciary act of 1789 establish?
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13 district courts
3 circuit courts |
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what is judicial review?
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the power of the supreme court to declare parts, or all of federal or state laws unconstitutional
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what Is the most important power of the supreme court?
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Judicial Review
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1st constitutional crisis
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marbury vs madison
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who appointed Madison to the supreme court
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John adams
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who did not execute the commission, the last stage in confirming federal judge?
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Madison
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what gave the supreme court the power to issue writ of mandamus?
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judiciary act of 1789
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what makes the supreme court the final arbiter of laws that are permitted under constitution?
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Judicial Review
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Which court can declare a lw unconstituional based on previous rulings?
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lower
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Which branch would be weaker without the power of judicial review?
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Judicial Branch
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3 levels of Federal Court System
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supreme court
circuit court of appeals district courts |
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WHat is the highest court of the land?
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Supreme COurt
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who has the final appellate jurisdiction over the federal court system
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Supreme court
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What does the supreme court do in choosing cases?
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Limits its agenda
generally hear cases that have important constiitutional implications. |
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What does the supreme court impact through its interpretation of the law?
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policy
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Process of the Supreme court
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Writ of Certiorari
Breifs Oral Argument Opinion Writing |
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Court of last resort for most appeals
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Circuit court of appeals
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who is responsible for reviewing cases appealed from district courts?
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Circuit court of appeals
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there how many circuit court judgeships?
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179
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smallest circuit court judgeship
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1st circuit: 6 active, 3 senior
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largest curcuiut court judeship
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9th : 29 active 22 senior
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who hears both important and routine matters
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circuit court of appeals
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How are the cases usually heard in a circuit court of appeals?
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3 panel judge or an entire panel (en banc)
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courts original jurisdiction of trial courts in the federal system
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district court
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where are district courts organized
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within states
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what are some other courts
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immigration
bankruptcy FISA |
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Colonial Courts were modeled after?
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English Courts
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modern courts were result of states responding to needs of what type of society?
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urbanized and industrialized
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How did states deal with increasing workloads?
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created new courts whose jurisdiction overlapped with existing courts
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most states have 4 types of courts which arE?
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Trial courts of limited jurisdiction
Trial Courts of General Jurisdiction Intermediate appeals court Courts of Last Resort (supreme Court) |
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85% of Courts fall into which category?
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Trial Courts of Limited Jurisdiction
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what type of cases are in the trial courts of limited jurisdiction?
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civil < $3000
criminal offenses that carry fine and no more then a yr in jail |
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Specialized courts that are trial courts of limited jurisdiction?
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DRUG
Traffic family law probate court Administrative |
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Tries major cases and cases appealed from limited jurisdtcion courts
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Trial courts of General Jurisdiciton
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Courts are divided by county, districts, or circuits and are more professional then limited jurisdtcion
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General Jursdtion
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Designed to relive the workload of the courts of last resort, relatively new
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Intermediate Appellate Court
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final say in all state matters?
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Courts of Last Resort
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If a federal question arises in the court of last resort, who can it be appealed to?
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US supreme court
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Similar to Supreme court, this court has discretion over its dockets
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Courts of Last resort
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Most work done by state is norm enforcing of
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policymaking
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where are state courts have more prominent then federal courts?
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gay marriage
school funding |
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Magistrate?
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typically lawyers who conduct early stages of trials, make decisions in minor cases
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Law Clerksand administrative staff?
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found in appeals and last resort court
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between 1997- 2006, cases workload increased by what%?
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10
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traffic, domestiv, general civil increased by?
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13%
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boundries placed on courts?
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jurisdictional by legislatures and congress
judicial restraint imposed by courts on themselves |
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What does a jurisditcional boundry describe?
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a case the court is legally allowed to hear
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jurisdiction is determined by?
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legislative body associated with court, Federal Courts= US congress, State Court= state legislatures
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2 types of jurisdiction
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Original
Appellate |
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who has original jurisdiction over federal criminal and cilvil matters and diverse citizenship cases
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federal distict courts
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What type of criminal cases does the Federal District Court deal with?
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Those that cross state lines
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What type of civil cases does the Federal District Court deal with?
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violations if federal civil rights law, patent and copywright, maritime disputes, immigration, violations of postal law
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Which Court has jurisdiction over all cases from federal district courts to administrative agenices?
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Circuit court of appeals
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Supreme court has original jurisdiciton over What type of cases?
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suits between states
cases against foreign ambassadors |
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State Courts get what type of jurisdiciton
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lowest courts : original jurisdiciton ,2 levels of appeals court
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Jurisdiction can be taken away from courts according to
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the legislative branch
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Congress has used the power of taking away jurisdiction is which cases
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1968 Civil Rights Act
defense of Marriage Act Habeas Corpus and reconstrction |
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how do judges impose their own restrictions on themselves?
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by what cases they decide
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within judicial restraint. a definite __ must exist
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controversy; courts do nto issue hypothetical or advisory opinions, the parties must have standing, courts will not hear cases that have become moot
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within judicial restraint, a ___ must be specific
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plea; case must be based on specific right or portion of constitution
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within judicial restraint, ___ may not sue
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Beniciaries; if you directly benefit from a government Action, you may not sue to stop it,
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within judicial restraint, ___ courts rule on ___ ratehr then ___ questions
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Appellate,Legal, Factual ; they do not determine facts, only how the law applies to the facts. however, they can order new trials if new facts are shown
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within judicial restraint, Other ___ must be exhausted
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remedies; usually applies to appeals, cases must make their Way through the system
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within judicial restraint, burden of ___ is on the ___
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proof, petitioner; innocent until proven guilty, plantiff in civil must prove an injury, party filing case must prove its case.
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within judicial restraint, the supreme court is not bound by ___
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precedent; courts can set aside precednet when it is shown that it is the wisest course of action
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within judicial restraint, ___ do not decide "___"
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courts. political questions; health care reform?
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within judicial restraint, laws are ___ on the narrowest ground ever
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overturned; judges try to invalidate actions on statutory rather then constitutional grounds, they only try to invalidate a portion of law
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within judicial restraint, No rulings are made on the ___ of __.
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wisdom, litigation; laws can only be overturned if they violate the constitution on its face, most frequently violates principle of retraint, most difficult to follow.
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Qualification of judges vary from
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every state to state, most states require a law degree
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qualifications for federal judges?
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none
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what are characteristics of judges?
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Have a law degree and experience in law profession; Tend to be white and male; socioeconomic elite; politically reflect the times of their appointment.
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How are judges selected on the federal level?
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appointed by president, confirmed by senate
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judges selected at state level?
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Partisan/ non partisan elections; gubernatorial appointment; merit selection; legislative eleciton
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Party identification of candidates in nonpartisan election is usually known by
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electorate
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what creates a potenital conflict of interest in judicial elections?
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campaign financing
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2 states who use Gubernatorial and legislative appointements?
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Maine and new jesery
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state who use Gubernatorial for trial court?
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New Hampshire
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2 states use legislative appointments?
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South Carolina and Virgina
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Process of missouri plan?
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judicial committee creates a slate of nominees; governer appoints judge; judge faces retention reelection at the end of their term
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What is the missouri plan intended to do?
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intended to utilize the best qualities of election and appointment plans
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retention election generally display what type of turnout?
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the same as regular judicial elections, low
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what are the conflicts within figuring out which plan is best? Election advocates and Appointment advocates
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election=stress accountability
judicial=judicial independence |
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general steps in nomination and confirmation
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president choose nominee; administration vets the nominee; judiciary committee investigates nominee; jc reports nomination to the floor; nomination place don calender and voted on; nomination sworn in as member of court
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What is an informal norm usually strong with district and circuit court nominees?
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President expected to consult with home state senators before nomination
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allows homestate senators to stop consideration of a lower court nominee in the judiciary committee.
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blue slips
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the act of rejecting a judicial nomineee for a partisan political purposes rather then the candidates shortcomings.
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BORKING
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nominations have had their personal and prof lives asked about after the rejection of
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judge robert bork
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what are usually the jobs of the younger judges?
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younger judges learn from older judges; expected to speak less, bring coffee
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the only way to remove a federal judge is by
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impeachement
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only one supreme court justice was aquitted
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Samual chase
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lower court judges who have been removed
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Thomas Porteous, Alcee hastings
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when can the president manipulate the judiciary?
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Presidents support for ideological appointments; number of vacancies; presidents political clout; judicial climate new judges enter
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Within Presidents support for ideological appointments, most presidents try to shift the balance of judiciary towards?
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their own beliefs by rewarding personal loyalty, and rewarding party loyalty.
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what are the number of vacancies dependent on?
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the willingness for judges to retire
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Congress can create judgeships, however they wont if...
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congress will nto create vacancies for the president they do not agree with, FDR court packing sceme
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what does a fillibuster mean to the politcal clout?
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that the minority will always have a say in confirmation
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Presidents success is largely dependent on whether his party controls the __
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senate
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