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25 Cards in this Set
- Front
- Back
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What is common law?
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A collection of judge-made laws that developed over centuries and is based on decisions made by previous judges.
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Why is it a major event when a Court overturns a previous court's decision?
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It breaks the strong tradition of stare decisis.
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What is treason?
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Waging war against the United States, "adhering to their enemies", or "giving them aid and comfort".
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What is the role of judges?
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Their role is to find and apply existing law.
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What does judicial review allow?
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It allows the courts to rule on the constitutionality of laws and actions.
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How many federal courts are required by the Constitution?
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Just one; the Supreme Court.
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What two types of lower federal courts did Congress create?
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Constitutional and Legislative.
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What is the difference between a criminal law case and a civil law case?
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In criminal law cases, an individual is charged with violating a specific law; in civil law cases, no charge of criminality is made.
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What is the defendent accused of in a civil law case?
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Violating the plaintiff's rights.
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Why was Brown vs. Board of Education of Topeka and important case?
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It broadened the concept of standing to sue.
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What can state and federal authorities do under the doctrine of dual sovereignty?
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They can prosecute the same person for the same conduct under both state and federal law.
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Why can't every President appoint the same number of Supreme Court justices?
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Because justices retire at their own discretion.
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What criteria are used in nominating Supreme Court justices?
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Political Ideology, Party/ personal loyalties, Acceptability to the Senate, Judicial experience, Race/ gender, the "Litmus test"
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What is the strict-constructionist approach?
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Judges should only judge. They should confine themselves to applying those rules that are stated in or clearly implied by the language of the Constitution.
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What is the activist approach?
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Judges should discover the general principles underlying the Constitution, amplify those and apply them to cases.
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What did Alexander Hamilton describe as the "least dangerous" to political rights?
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The judiciary branch.
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Why was Roger B. Taney chosen as chief justice in 1836?
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Because was an advocate of states' rights, and he began to chip away at federal supremacy, upholding state claims that Marshall would have set aside.
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Why were the court and Taney discredited in the North?
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Because of his decision in the 'Dred Scott' case.
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What is the litmus test?
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A test of ideological purity.
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What cases can Federal court hear?
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All cases "arising under the Constitution, the laws of the United States, and treaties" and cases involving citizens of different states.
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If citizens of different states want to sue each other, and the matter involves more than $75,000, do they have to do it in federal court or state court?
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They can do it in either a federal court or a state court.
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What does 'writ of certiorari' translate to?
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"made more certain"
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What is the definition of 'writ of certiorari'?
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An order issued by a higher court to a lower court to send up the record of case for review.
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Who pays for a lawsuit in America? in England?
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In America, each party pays their own way. In England, however, the person who loses pays the winner as well.
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How have courts widened the reach of their decisions?
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By issuing orders that cover whole classes of citizens or affect the management of major public and private institutions.
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