Govt. Ch. 10 (Test #2)

Front 1

Article III establishes what?

Back 1

-supreme court in which the judicial power of the US is vested
-life tenure or good behavior for judges
-the jurisdiction (legal boundaries) of the supreme and other federal courts

Front 2

some checks on judiciary included:

Back 2

-congress can alter court's jurisdiction
-congress can propose constitutional amendments that can reverse judicial decisions

Front 3

Jurisdiction

Back 3

the authority of a court to hear and decide a case

Front 4

Federal courts have jurisdiction over:

Back 4

federal laws and treaties, US is a party, disputes between states, and foreign nations, admiralty and Maritime cases

Front 5

Federal Question:

Back 5

if question about federal or or US constitution, treaties statute, regulations, US is party

Front 6

Diversity:

Back 6

citizenship, states in suites

Front 7

Who was the first supreme court justice?

Back 7

John Jay

Front 8

Chislom v. Georgia (1793)

Back 8

eleventh amendment- early court (only case)

Front 9

Marbury v. Madison

Back 9

Judicial Review

Front 10

Judicial Reviews

Back 10

the power of a court to decide whether a law or other action violates the constitution and to overtutn it

Front 11

Martin v. Hunter's Lessee (1816)

Back 11

(less for state acts!)

Front 12

Trail Courts

Back 12

litigation begins and courts hear the facts of the case at hand (original jurisdiction)

Front 13

Intermediate appellate courts

Back 13

decide questions of the law, not fact (appellate jurisdiction)

Front 14

High or Supreme Courts

Back 14

mostly appellate jurisdiction- the federal court system

Front 15

Constitutional Courts

Back 15

fed courts specifically created by the constitution

Front 16

Legislative courts

Back 16

courts established by congress for specialized purposes, such as the court of military appeals, and bankruptcy courts- Art. I

Front 17

Federal Judges have:

Back 17

help previous offices, political experience, prior judicial experience, mostly white males, lawyers

Front 18

How are judges selected?

Back 18

nominated thy the presidents and confirmed by the senate.
Senator Courtesy: pick theiry own judges

Front 19

Nomination criteria for judges:

Back 19

no constitutional qualifications, competence, policy preferences, rewards, pursuit of political support, religion, race and gender

Front 20

Where does the term "borking" come from and what does it mean?

Back 20

Robert Bork: spoke out against abortion and interest groups spoke out against him

Front 21

Precedents:

Back 21

look at how laws have been interpreted in the past

Front 22

Binding:

Back 22

have to follow the laws

Front 23

Persuasive:

Back 23

used to persuade (rulings in other districts)

Front 24

how many federal courts per state?

Back 24

at least one

Front 25

Original jurisdiction of federal district courts:

Back 25

involve federal govt. as a party, claim under the US const, treaty, civil suits (more than $75,000)

Front 26

District courts

Back 26

each has US attorney

Front 27

US courts of appeals:

Back 27

losing party in a case can appeal to another court, 11 circuit courts for geographic areas

Front 28

DC Court of Appeals:

Back 28

handles most appeals involving federal regulatory commissions and agencies

Front 29

US Court of appeals for the federal curcuits:

Back 29

deals with patents and contract and financial claims against the federal gov't

Front 30

COA's...

Back 30

have no original jurisdiction, hear no new testimonials, decisions are only binding to the district courts in the geographical curcuit

Front 31

The Supreme Court of the US:

Back 31

reviews cases from the US courts of appeals... 95% Appellate
Ensures uniformity
-resolves conflicts among the states
-maintain supremacy of national law

Front 32

Petition for the Writ of Certiorari

Back 32

request for the sup court to order the records of a case for review

Front 33

Rule of Four:

Back 33

it takes a vote of four justices to grant a Cert

Front 34

Decisions:

Back 34

outcome of a case

Front 35

Affirm:

Back 35

agree with lower court

Front 36

Reverse:

Back 36

disagree with lower court

Front 37

Court opinions:

Back 37

reasoning behind a decision (rationale)

Front 38

Majority:

Back 38

the reasoning of the court

Front 39

Per Curium:

Back 39

no signed opinion

Front 40

Plurality:

Back 40

no majority

Front 41

Concurring:

Back 41

disagree with reasoning, not outcome

Front 42

Dissenting:

Back 42

disagree with outcome and reasoning

Front 43

Judicial Restraint:

Back 43

minimalist roles for judges, judges should interpret not make laws, judges should not impose political views

Front 44

Judicial Activism:

Back 44

feels that judges should use the law to promote justice, equality, and personal liberty

Front 45

Strict Construction:

Back 45

Constitutional philosophy: original intent, plain meaning

Front 46

Living Constitution

Back 46

Perfectionism, revisionism, meaning of text should grow and evolve with society

Front 47

What effects how the justices vote?`

Back 47

Behavioral characteristics, ideology, attitudes, public opinion

Front 48

Notable chief justices:

Back 48

Burger, Warren, Howard, Taft, Taney, Marshall, Jay

Front 49

Do courts have the power to implement their decisions?

Back 49

No, the executive branch must enforce the Court's Decisions

Front 50

Criminal Law:

Back 50

Codes of behavior related to the protection of property and individual safety

Front 51

Civil law:

Back 51

codes of behavior related to business and contractual relationships between groups and individuals