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35 Cards in this Set

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The Power and obligation to review any lower court decision where public law is involved. This also extends to acts of congress and the president.
Judicial review
How many eras of the Court are there?
Three
What was the first era?
The judiciary’s most significant cases probed the unresolved jurisdictional boundaries between the national and state governments. The Court favored national authority when it conflicted with states’ rights.
What's the second era?
The judicial review on Congress and the president surged during the 1920s and 1930s. The major issue during the second era of judicial review, form the end of the Civil war to the 1930s, was the government’s regulation of the economy. Although the Civil War has settled the supremacy issue in favor of the national government, the actual scope of government powers at both levels remained uncertain.
What was the third era?
In the 1960s an activity Court once again scrutinized federal and state laws alike. The third era of judicial review began in earnest in the 1940s. During this period the Court’s concern was the relationship between the individual and government.
How are the federal courts structured?
The Supreme Court on top
Circuit Court of Appeals in the middle
District Courts on the bottom
How many supreme court justices are there?
9
How many justices are there in a court of appeals?
3
How many justices are in the district courts?
1
How many Circuit Court of Appeals are there?
13
How many district courts are there?
94
What are the limits of the administrative control that the Supreme Court exerts over the lower courts?
The Supreme Court cannot distribute the caseload to the lower courts; the distribution of cases depends on geographical jurisdictions created by Congress and, to some extent, litigants’ choice of courts. The Supreme Court also may have difficulty enforcing implementation of its decisions in the lower courts.
The practice of prescribing in a decision a set of rules that is to guide future decisions on similar cases. Used by the Supreme Court to guide the lower courts in making decisions.
Judicial Doctrine
Governs the specific wars in which the lower courts should do their work.
Procedural doctrine
Guide judges on which party in case should prevail.
Substantive doctrine
Why is the Court’s absence of judicial enforcement important?
Presidents realize that Congress is more willing to relax control when it knows it can easily reassert its preferences if it disagrees with the bureaucracy’s implementation of a policy. By continuing to honor these statutory provisions, designed to create more flexible principal-agency relations, the elected branches have colluded informally to “overrule” the Supreme Court’s verdict on the unconstitutionally of the legislative vote.
How is the Justice Department linked to the Federal Courts?
The federal government, represented primarily by the Department of Justice, is by far the most frequent and most important litigant in the federal court system.
How are justices selected for the federal courts?
The Presidents appoint the justices and then the Senate must accept or reject the president’s decision.
“We command.” A court-issued writ commanding a public official to carry out a specific act or duty.
Writ of mandamus
The authority of a court to declare legislative and executive acts unconstitutional and therefore invalid.
Judicial Review
Know McCullough vs. Maryland
On Final Review PP
Chief Justice during the Marbury v. Madison court case. He was deeply entangled in the dispute. He had been Secretary of State.
John Marshall
Laws “limiting hours in which grown and intelligent men may labor to earn their living,” the majority declared, “are more meddlesome interferences with the rights of the individual.” Three years later, the Court upheld an Oregon statute limiting the workday of female workers.
Lochner vs. New York
Its purpose ostensibly was to alleviate the overcrowding of federal court dockets by allowing the president to appoint an additional Supreme Court justice for every sitting justice over the age of seventy.
Roosevelt's Court Packing Plan
Failed in the Senate by one single vote.
The trial courts of original jurisdiction in the federal judicial system. The ninety-four district courts are the third tier of the federal judicial system, below the Supreme Court and the courts of appeals
District courts
The second tier of courts in the federal judicial system (between the Supreme Court and the district courts). One court of appeals serves each of eleven regions, or circuits, plus one for the District of Columbia
Circuit court of appeals
An order that is given by a superior court to an appellate court and that directs the lower court to send up a case the superior court has chosen to review. This is the central means by which the Supreme Court determines what cases it will hear
Writ of certiorari
_____________ is the highest court in the land where all of the cases go once they have gone through every other step of court systems.
Supreme Courts
Supreme Court doesn’t have much of it.
Administrative control
“Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has in interest in the outcome
amicus curiae
The official responsible for representing the U.S. government before the Supreme Court. The ______________ is a ranking member of the U.S. Department of Justice
solicitor general
“Let the decision stand.” In court rulings, a reliance on precedents, or previous rulings, in formulating decisions in new cases
stare decisis
The written opinion of one or more Supreme Court justices who disagree with the ruling of the Court’s majority. The opinion outlines the rationale for their disagreement
dissenting opinion
A written opinion by a Supreme Court justice who agrees with the decision of the court but disagrees with the rationale for reaching that decision
concurring opinion
An informal practice in which senators are given veto power over federal judicial appointments in their home states
senatorial courtesy