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^.^ AP Government: Judicial Branch ^.^ Flashcards

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8401810252Appellate court (most important caseload of the supreme court)They review all final decisions of district courts (except in rare cases).0
8401810253JurisdictionThe power to make legal decisions and judgments1
8401810254Distinguish between original and appellate jurisdictions of the federal courts.Original jurisdictions are cases that have been heard for the first time from the lower courts but appellate jurisdiction is a court hearing a case on appeal from the lower court.2
8401810255Original JuridictionJurisdiction of a court that hears a case first, usually in a trial.3
8401810256Explain what judicial review is and trace its origins.A process by which the courts interpret the Constitution. When the courts interpret the Constitution, it allows us to understand how our founding fathers set out to run our country.4
8401810257Courts of appeal (same as appellate court)Appellate courts that can review all final decisions from district courts.5
8401810258In what cases does the supreme Court hold original jurisdiction?Cases involving Diplomats from foreign nations, and disputes between states.6
8401810259Describe the history and controversy with FDR's "court-packing" bill.Franklin Roosevelt announces a controversial plan to expand the Supreme Court to as many as 15 judges to make it more efficient. Critics were against this because they thought FDR was trying to "pack" the court so they neutralized it. Roosevelt came up with a proposal that suggested the retirement of 70-year-old judges. [In the end, this plan was deemed unnecessary and struck down]7
8401810260Distinguish between the two burdens of proof used for criminal and civil cases.Crimes must generally be proved "beyond a reasonable doubt", whereas civil cases are proved by lower standards of proof such as "the preponderance of the evidence" (which essentially means that it was more likely than not that something occurred in a certain way).8
8401810261Criminal lawIs the body of law that relates to crime.9
8401810262Civil lawA law that governs relationships between individuals and defines their legal rights.10
8401810263Why are "plea bargains" seen as being controversial?It implies an exchange of guilty plea by the defendant in exchange for some consideration granted by the prosecutor.11
8401810264Plea BargainAgreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.12
8401810265Explain the process by which a case reaches the supreme Court and is decided.The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari.13
8401810266Writ of CertiorariA decision by the Supreme Court to hear an appeal of a lower court's opinion.14
8401810267Rule of fourA requirement which states that a case can only be heard by a supreme court if four justices vote to hear the case.15
8401810268Writ of Mandamus"We command" An order that the Supreme court can send to the lower courts that must be obeyed.16
8401810269Case lawLaw established by the outcome of former cases17
8401810270Describe the process of judicial selection. List all the factors that may influence the choice of a federal judge.Judges serving the federal court are nominated by the president and confirmed by Congress. Judges serving the state court are selected through four ways: by the state's governor or legislature, judges can also be chosen by a legislative committee based on the judge's past performance and some judges are selected through partisan, election- voted in by the electorate.18
8401810271Describe the debate between justices who believe in judicial restraint and justice who favor judicial activism. Describe the judicial philosophies of our chief justices.Justices who believe in judicial restraint encourage judges to limit the exercise of their own power while justices in favor of judicial activism rule based on personal or political considerations rather than on existing law.19
8401810272Judicial restraintJudges playing minimal policymaking roles, leaving the duty to the legislatures.20
8401810273Judicial activisimOne who believes that the Constitution is a living document whose strength lies in its flexibility and that judges should make bold policy decisions, even charting new constitutional ground by challenging the policy positions of the Congress and the President21
8401810274How does a "loose interpretation of the Constitution differ from a "strict interpretation" of the constitution?"Strict interpretation" of the constitution is when the government of the U.S. holds only those powers specifically granted to it by the Constitution. "Lose interpretation" is when the government holds all powers that are not specifically denied to it by the Constitution.22
8401810275Why does the Supreme Court often prefer to avoid ruling on "political question"?By trying to avoid political questions, the court is hoping to earn the respect of the rest of the government, or in other words, to be viewed as being above the political process.23
8401810276Political questionA doctrine used to avoid deciding on some cases, principally those involving conflict between the President and Congress.24
8401810277How do grand juries differ from petit juries?A grand jury is a group of jurors that that will decide whether or not to charge a suspect with a crime and a petit jury will decide whether or not they are guilty or innocent.25
8401810278Grand JuryA small, private jury who looks at evidence presented by the government to determine whether an individual shall be required to stand trial.26
8401810279Petit JuryA trial jury, usually consisting of 6 to 12 people who weigh the evidence presented at a trial and render a verdict.27
8401810280Describe the historical judicial consequences of the following courts: Marshall court, Warren Court, and Burger Court.Marshall court: Gave Supreme Court the right to overturn a law passed by Congress. Warren court: The court expanded civil rights and liberties, judicial power, and the federal power in dramatic ways. Burger Court: The court narrowed fundamental rights.28
8401810281Constitutional courtHigh court that deals primarily with constitutional law.29
8401810282District courtLowest level of federal courts, where federal cases begin and trials are held (bank robbery, environmental violations, tax envasion)30
8401810283Majority opinionIt is a judicial oponion agreed to by more that half of the members of a court.31
8401810284How can Congress check the courts? How can the President check the courts?Both Congress and the President check the courts because the President appoints the judges and Congress approves that appointment.32
8401810285Explain the relationship between the supreme Court and public opinion.The supreme court has no concern for public opinion due to the lifetime position of the supreme court judges (aside from pittition).33
8401810286Common lawA legal system based on custom and court rulings.34
8401810287Which President served in the Supreme court?Taft35
8401810288Which of the following is empowered to create new federal courts and specify the number of judges who will sit on them?Congress.36
8401810289Litmus testAn examination of the political ideology of a nominated judge. Example: opinions about abortion (used in recent years for nominating and confirming judicial appointees)37
8401810290What factors does the President look at when appointing a judge?-Party affiliation -Acceptability to the Senate -Ability of the justice to win elections -Judicial experience38
8401810291Senatorial courtesyAn unwritten tradition whereby nominations for state-level federal judicial posts is not confirmed if they are opposed by a senator from the state in which the nominee will serve.39
8401810292A nonlitigant group or individual that wants to attempt to influence the court in a particular case can fileAn anicus curiae brief.40
8401810293Amicus Curiae briefLegal briefs submitted by a "friend of the court for the purpose of raising additional points of view.41
8401810294Legal brifefsA legal document which is presented to a court that is dealing with a case involving a party and the brief argues for the victory of one party.42
8401810295LitigateA person engaged in a lawsuit.43
8401810296When a lower court decision is appealed to the supreme court, what will most likely occur?The plaintiffs of defendants will file motions for a change of venue.44
8401810297plantiffA person who brings a case against another in a court of law.45
8401810298Why is the doctrine of stare decisis significant?It is the principle that affirms that courts are bound by prior decisions.46
8401810299Stare decisisThe rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.47
8401810300What can be done once the Supreme court finds a federal law unconstitutional?Congress can try to amend the constitution.48
8401810301Can a U.S. Supreme court Justice be impeached?A Supreme Court Justice may be impeached by the House of Representatives and removed from office if convicted in a Senate trial49
8401810302What does the constitution mean by "good behavior" when it comes to Supreme Court justices?It expects justices to be free from direct political pressures.50
8401810303Broad ConstructionA judicial philossophy that looks to the law when making an inerpretation51
8401810304Class-action suitA small number of people suing on behalf of all people in similar curcumstances.52
8401810305Concurring opinionAdditional opinion in a court decision written by a member of the majority.53
8401810306Dissenting opinionJudicial written opinion that contradicts the ruling of the full court.54
8401810307Per Curiann decisionIs a ruling issued by an appellate court to multiple judge in which the decision rendered is made by the court acting collectivelyy and unanimously.55
8401810308PrecedentA decision made by a higher court.56
8401810309RemandTo send or order back to jail or a lower court.57
8401810310ReverseTo rule against.58
8401810311Solicitor GeneralA presidential appoinntee (lawyer) and the third-ranking office in the Department of justice.59
8401810312Trial courtThe first court before which facts of a case are decided.60
8401810313Unanimous OpinionA written opinion in which all 9 justices agree.61
8401810314The doctrine of stare decisis is significant for which of the following reason?It is the principle that affirms that courts are bound by prior decisions62
8401810315Who was behind the court case Marbury v madison63
8401810316I am sleepy ZzzzzGood night ^.^64

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