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25 Cards in this Set
- Front
- Back
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What is a common law?
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A common law is a collection of judge-made laws that developed over centuries and is based on decisions made by previous judges.
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What is the doctrine decisis based on?
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The dictrine decisis is based on precedent, and is cornerstone of English and American judicial systems.
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What are the two general types of lower federal courts created by Congress?
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Constitutional and legislative
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What do Constitutional courts exercise?
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Constitutional courts exercise the judicial powers found in Article III, so their judges are given the constitutional protection of lifetime terms.
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What are District courts?
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District courts are trial courts of original jurisdiction, the starting point for the most litigation in the federal courts.
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What do courts of appeal review?
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Courts of appeal review any final decisions of district courts, and they may review and enforce orders of many federal regulatory agencies, such as the Securities and Exchange Commision.
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What legislative courts for specialized purposes has Congress set up?
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The court of Claims, the Court of International Trae, the Tax Court, and the Court of Military Appeals.
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Who are the major participants in the courtroom?
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The judge, the litigants, the lawyers, sometimes a jury, and thje audience, such as the press, inteerest group, and the general public.
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Who are included in the litigants?
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The Plaintiff, or the person bringing the charges, and the defendant, or the person charged.
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What is the sovereign immunity?
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It is a doctrine that a citizen cannot sue the governement without its consent.
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What is the criteria used by the presidents to select their nomations for the judicial branch?
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Political ideology
Party and personal loyalties Acceptability to the Senate Judicial experience Race and gender The "Litmus Test" |
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What do legislative courts help in?
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They help carry out the legislative powers the Constitution has granted to Congress.
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What is the Litmus Test?
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A test of ideological purity.
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What are the nice justices in the Supreme Court of Justice?
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Eight associates and one chief justice.
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What is a Judicial implementation?
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The translation of court decisions into actual policy that affects the behavior of others.
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What is an adversarial system?
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A neutral arena in which wo parties present opposing points of view before an impartial arbiter.
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What is a justiciable dispute?
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An actual situation rather than a hypothetical one, and one that may be settled by legal methods.
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What do the dotrine of political questions provides?
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Grounds to avoid settling disputes more appropiately resolved by Congress and the president, or that rquire knowledge of a non-legal character.
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What do judges in judicial restraint?
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They play minimal policy-making roles, leaving policy decisions to the other two branches.
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What do judges in judicial activism?
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They make policy decisions and interperet the Constitution in new ways.
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What is a legislative?
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Is one set up by Congress for some specialized purpose ans staffed with people who have fixed terms of office and can be removed or have their salaries reduced.
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Original jurisdiction cases begin in the Supreme Court over controversies involving:
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1.Two or mroe states.
2.The United States and a state 3.Foreign ambassadors and other diplomats. 4.A state and a citizen of a different state(if begun by the state). |
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What is a brief?
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Is a document that sets forth the facts of the case, summarizes the lower-court decision.
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What is a political question?
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An issue that the Supreme Court refuses to consider because it believes the Constitution has left it entirely to another branch to decide.
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What is a stare decisis?
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The practice of basing judicial decisions on precedents established in similar cases decided in the past.
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