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25 Cards in this Set
- Front
- Back
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the court stystem is considered to be the cornerstone of what?
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democracy
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A collection of judge-made laws that developed over centuries and is based on decisions made by previous judges is know today as what
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common law
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define precedence
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the practice of deciing new cases with reference to former decisions
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when a court overturns a previous court's decision, breaks the strong tradition of stare decisis. what does "stare decisis" mean?
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let the decision stand
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in section 1 of article 3, it states that the only court mentioned in the constitution is the supreme court, and congress is given the right to what?
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create all other federal courts.
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in the judicial branch judges are to be held "during good behavior", which means what?
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there are no terms of office
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besides "adhering to their enemies" and "giving them aid and comfort", what is treason defined as?
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waging war against the united states
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article 3 reflects the traditional 18th century view of courts. What are the basic things the court would do?
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judge disputes between people and decide which of the two parties is right, usually awarding the wronged party "damages" or money.
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what was the name of the fourth chief justice?
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John Marshall
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in the famous Marbury vs. Madison case, what power did john marshall claim for the court?
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the Judicial Review
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judicial review allows the courts to do what?
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judicial review allows the courts to rule on the constitutionality of laws and actins, giving them the power to strike down or reinforce policy, not just to apply and interpret it.
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in fear of federalist policies being undone, John Adams worked hard to "pack the courts" with how many federlist judges before leaving office?
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57
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writ of mandamus is from the latin which means what?
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I command
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the constitution doesn't specify how many justices shall be on the supreme court. How many were there originally verses now (2005)?
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6 originally, 9 now
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the congress created two general types of lower federal courts, know as what?
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the constitutional and legislative
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constitutinal courts exercuse what powers?
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judicial
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how many district courts are there?
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94
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how many courts of appeals are there?
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13
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The U.S. Court of Appeals for the Federal Circuit hears cases regarding what?
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patents, copyrights, and trademarks, claims against the United States, and international trade.
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The starting point for most litigation in the federal courts are?
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The District courts (trial courts of original jurisdiction)
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what are some of the legislative courts?
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the Court of Claims, the Court of International Trade, the Tax Court, and th Court of Military Appeals.
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Article 1 is another name for what?
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Legislative courts
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what are the major participants in the courtroom?
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the judge, the litigants, the lawyers, sometimes the jury, and the audience, such as the press, interest groups, and the general public.
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the Plaintiff, or the person bringing the charges, and the defendant, or the person charged are also refered to as what?
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the litigants
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when the government prosecutes, and an individual is charged with violating a specific law it is refered to as what form of case?
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criminal law cases
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