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24 Cards in this Set
- Front
- Back
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McCullough vs Maryland |
declares a state law unconstitutional |
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Marbury vs Madison |
declared action of federal government unconstitutional |
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McCullough case and Marbury case established __________ _______. |
Judicial review |
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Organization of federal court |
District Court---> Appellate/Circuit Court ----> Supreme Court |
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District Court info |
-90% of federal courts begin and end here -run like federal court |
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Appellate/Circuit Court info |
-panel of 3 judges -reviews records from original trial and decide if any mistakes were made that would cause original trial to get thrown out |
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Supreme Court Info |
-if you think the law you've broken is unconstitutional -get to decide which cases to adhere, small # of cases |
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Rule of 4 |
have to get 4/9 vote from judges to get a hearing |
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Reasons judges dont want to hear a case |
-not controversial enough -they think the earlier courts decided right |
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Law Clerks |
assist judges in reading over 7000 cases -typically recent law school graduates |
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Dissenting Opinion |
-not with majority of decision -want to explain why they disagree |
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Concurring opinion |
agree w/ majority -disagree with why/how it should apply to other cases |
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How judges make decisions |
-legal model -attitudinal model -legal-realist -strategic model -stare decisis |
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Legal model |
judges look at facts, law, and see objectively what the right answer is |
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Attitudinal Model |
base decisions on political beliefs and policy preferences (personal preference) |
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Legal-realist model |
judges try to decide each case based on facts, but own personal beliefs affect their decisions |
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Strategic Model |
judges vote for what they think will lead to best long term outcome |
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Stare decisis |
once the court rules on an issue they try to stick with it |
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Precedent |
prior decision that serves as a model for future cases of a similar nature |
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Restraints on Judicial power |
-Impeachment -Amend the constitution -Appointment -Control Appellate/Jurisdiction |
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Impeachment |
impeached by house, tried by senate, 2/3 vote. Have to break serious law (treason, bribery etc) |
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Amend the constitution |
if supreme court decides an action is unconstitutional, they can amend the constitution to allow it |
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Appointment |
wait for judges you dont agree w to die or retire so new judges can come in |
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Control Appellate/Jurisdiction |
Congress can pass a law saying court isn't allowed to hear cases on certain issues -rare -many will vote no on of these bills |
