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AP Government-Judicial Branch Flashcards

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8428053182jurisdictionthe authority of the courts to hear certain cases0
8428053184appellate jurisdictioncourts that hear reviews or appeals of decisions from the lower courts have this1
8428053186Federal District Court94 courts (every state, including Puerto Rico and DC, have at least 1) 632 judges original jurisdiction, any type of federal civil or criminal cases created by Judiciary Act of 17892
8428053187Court of Appeals13 courts 179 judges appellate ONLY created in 18913
8428053188Supreme Courtonly required court by Constitution 1 court 9 judges-set in 1869 mostly appellate jurisdiction; rarely original jurisdiction4
8428053189constitutional courtsthe federal courts created by Congress under Art. 3 of Const.5
8428053190legislative courtscreated by Congress include territorial courts, the U.S. Tax Court, and the U.S. Court of Appeals for the Armed Forces6
8428053191who appoints supremes?President approved by Senate7
8428053192qualifications for Supremesnone8
8428053193term of office for supremeslife when they have "good behavior" can retire9
8428053194removal of supremesimpeachment and conviction death resignation10
8428053195nominations for lower courtDept. of Justice and White House staff do research for nominations and propose list to Pres.; Pres. usually agrees with them11
8428053197when can appointments be made to supreme court?only when there's a vacancy12
8428053198traits taken into account when appointing supremesparty affiliation judicial philosophy race, gender, religion, region judicial experience litmus test-are they consistent with their ruling on liberal/conservative issues? acceptable-current justices interview nominees to see if they can work together; Senate must approve13
8428053199something all supremes havelegal training14
8428053200things some supremes haveheld government positions lawyers for leading law firms been federal district attorneys been law school professors15
84280532011st African American on SCThurgood Marshall; appointed by LBJ; argued for Brown v. Board16
84280532021st female on SCSandra Day O'Connor; appointed by Reagan17
84280532031st Hispanic on SCSonia Sotomayor; appointed by Obama18
8428053204term of Supremesbegins 1st Monday in October; ends June 3019
8428053205accepting casesthousands are appealed each year; they pick a couple hundred they want to hear20
8428053206why are most cases denied?justices think lower court's decision was right21
8428053209writ of certan order by the court directing a lower court to send up a case22
8428053211briefa detailed statement of the facts of a case supporting their position; written by each side before case23
8428053212amicus curiaefriends of the court; people who come to support or reject arguments of the case24
8428053213oral argumentstimed (usually 30 min); each side presents their case there is an exception for high profile cases (longer time)25
8428053214researchlaw clerks fact check; supremes meet in private conferences to consider oral arguments26
8428053215majority opinionexplains the court's decision and its reason if chief justice votes w/ majority, chief selects who writes opinion (or writes it himself)27
8428053216if chief justice is voting with minority...then the most senior associate (person who's been on the longest) decides who writes opinion28
8428053219majority opinions become precedents...which are standards or guides to be followed in deciding similar cases in the future (common sense)29
8428053220New Deal Erawhen FDR was pres., Charles Evans Hughes30
8428053221Warren Court1953-196931
8428053222Burger Court1969-198632
8428053223Rehnquist Court1986-200533
8428053224Roberts Court2005-present34
8428053225who is chief justice now?John Roberts appointed in 2005 by Bush35
8428053227judicial restraintcourt avoids making policy; wants to leave policy up to other two branches36
8428053228Appellate court (most important caseload of the supreme court)They review all final decisions of district courts (except in rare cases).37
8428053229JurisdictionThe power to make legal decisions and judgments38
8428053230Distinguish 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.39
8428053231Original JuridictionJurisdiction of a court that hears a case first, usually in a trial.40
8428053232Explain 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.41
8428053233Courts of appeal (same as appellate court)Appellate courts that can review all final decisions from district courts.42
8428053234In what cases does the supreme Court hold original jurisdiction?Cases involving Diplomats from foreign nations, and disputes between states.43
8428053235Describe 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]44
8428053237Criminal lawIs the body of law that relates to crime.45
8428053238Civil lawA law that governs relationships between individuals and defines their legal rights.46
8428053241Explain 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.47
8428053242Writ of CertiorariA decision by the Supreme Court to hear an appeal of a lower court's opinion.48
8428053243Rule of fourA requirement which states that a case can only be heard by a supreme court if four justices vote to hear the case.49
8428053245Case lawLaw established by the outcome of former cases50
8428053246Describe 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.51
8428053247Describe 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.52
8428053248Judicial restraintJudges playing minimal policymaking roles, leaving the duty to the legislatures.53
8428053249Judicial 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 President54
8428053250How 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.55
8428053251Why 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.56
8428053256Describe 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.57
8428053258District courtLowest level of federal courts, where federal cases begin and trials are held (bank robbery, environmental violations, tax envasion)58
8428053260How 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.59
8428053261Explain 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).60
8428053263Which President served in the Supreme court?Taft61
8428053264Which of the following is empowered to create new federal courts and specify the number of judges who will sit on them?Congress.62
8428053266What factors does the President look at when appointing a judge?-Party affiliation -Acceptability to the Senate -Ability of the justice to win elections -Judicial experience63
8428053267Senatorial 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.64
8428053268A nonlitigant group or individual that wants to attempt to influence the court in a particular case can fileAn anicus curiae brief.65
8428053269Amicus Curiae briefLegal briefs submitted by a "friend of the court for the purpose of raising additional points of view.66
8428053270Legal 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.67
8428053271LitigateA person engaged in a lawsuit.68
8428053273plantiffA person who brings a case against another in a court of law.69
8428053274Why is the doctrine of stare decisis significant?It is the principle that affirms that courts are bound by prior decisions.70
8428053275Stare 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.71
8428053276What can be done once the Supreme court finds a federal law unconstitutional?Congress can try to amend the constitution.72
8428053277Can 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 trial73
8428053278What does the constitution mean by "good behavior" when it comes to Supreme Court justices?It expects justices to be free from direct political pressures.74
8428053281Concurring opinionAdditional opinion in a court decision written by a member of the majority.75
8428053282Dissenting opinionJudicial written opinion that contradicts the ruling of the full court.76
8428053283Per 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.77
8428053284PrecedentA decision made by a higher court.78
8428053286ReverseTo rule against.79
8428053287Solicitor GeneralA presidential appoinntee (lawyer) and the third-ranking office in the Department of justice.80
8428053288Trial courtThe first court before which facts of a case are decided.81
8428053289Unanimous OpinionA written opinion in which all 9 justices agree.82
8428053290The doctrine of stare decisis is significant for which of the following reason?It is the principle that affirms that courts are bound by prior decisions83
8428053291Who was behind the court case Marbury v madisonJohn Marshall84

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