AP Government Chapter 16 Flashcards
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| 11882369638 | Why was Marbury vs. Madison a significant case? | - set up judicial review - can overturn an action made by the president or a law passed by Congress | 0 | |
| 11882369639 | the power of the courts to declare laws unconstitutional | judicial review | 1 | |
| 11882369640 | the view that judges should decide cases strictly on the basis of the language of the laws and the constitution | judicial restraint approach | 2 | |
| 11882369641 | How is the judicial branch different from the rest? | not as politically motivated, don't have to worry about getting re-elected and don't really have to worry about the peoples opinions | 3 | |
| 11882369642 | the view that judges should discern the general principles underlying laws or the constitution and apply them to modern circumstances | activist approach | 4 | |
| 11882369643 | what are the 2 approaches to using the Constitution to decide cases? | - Judicial activist approach - Judicial restraint approach | 5 | |
| 11882369644 | Should judges be more activist or restraint? | not really supposed to put their personal opinions in; it is supposed to be about the constitution | 6 | |
| 11882369645 | Evolution of the U.S. Supreme Court: 1789- Civil War | - defining the state and national relationship - commerce questions | 7 | |
| 11882369646 | Evolution of the U.S. Supreme Court Civil War- 1930s | - governments role in economy (where they stand) - 1890's unions legalized/ industrial revolution - 14th amendment discussion | 8 | |
| 11882369647 | Evolution of the U.S. Supreme Court 1900s - Today | - defining rights and extending it to cover all | 9 | |
| 11882369648 | Why do we have more courts? | number of cases grew | 10 | |
| 11882369649 | What court is authorized by Article 3 of the constitution? | constitutional courts | 11 | |
| 11882369650 | keeps judges in office during good behavior and prevents their salaries from being reduced | article 3 | 12 | |
| 11882369651 | a Federal court authorized by Article III of the Constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. They are the supreme court (created by the constitution) and appellate and district courts are created by congress. | Constitutional Courts | 13 | |
| 11882369652 | What two courts did Congress create to handle cases that do not need to be decided by the SC? | - constitutional courts - legislative courts | 14 | |
| 11882369653 | Most important constitutional courts: (2) | district courts courts of appeals | 15 | |
| 11882369654 | the lowest federal courts; federal trials can only be held here | district courts | 16 | |
| 11882369655 | federal courts that hear appeals from district courts; no trials | courts of appeals | 17 | |
| 11882369656 | courts created by congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution. | legislative courts | 18 | |
| 11882369657 | how many district courts? | 94 | 19 | |
| 11882369658 | deals primarily with constitutional law (court) | constitutional court | 20 | |
| 11882369659 | an examination of the political ideology of a nominated judge | litmus test | 21 | |
| 11882369660 | Who is the chief justice? Who was he appointed by? | John Roberts appointed by Bush | 22 | |
| 11882369661 | an order by a higher court directing a lower court to send up a case for review | writ of certiorari | 23 | |
| 11882369662 | What is the dual court system? | there is a state court system and a national court system | 24 | |
| 11882369663 | civil case | likeliness that the crime was committed | 25 | |
| 11882369664 | you are the first court to hear the case | original jurisdiction | 26 | |
| 11882369665 | what court always has original jurisdiction? | district courts | 27 | |
| 11882369666 | is the power of a court to review decisions and change outcomes of decisions of lower courts | appeallate jurisdiction | 28 | |
| 11882369667 | Supreme court has _______ and ________ jurisdiction | original and appellate | 29 | |
| 11882369668 | jurisdiction that only national courts can hear | exclusive jurisdiction | 30 | |
| 11882369669 | jurisdiction that exists where 2 or more courts from different systems simultaneously have jurisdiction over a specific case | concurrent jurisdiction | 31 | |
| 11882369670 | What are the steps that cases go through to be appealed to the Supreme Court? | - precedent - writ of cert | 32 | |
| 11882369671 | precedent | case already done and voted on; so they won't re-do it | 33 | |
| 11882369672 | writ of certiorari (cert) | an order by a higher court directing a lower court to send up a case for review | 34 | |
| 11882369673 | If chief justice is on the _________ opinion side he can write the opinion or _____ ___ ___ _____ _____ (would happen with dissenting side) | majority give it to someone else | 35 | |
| 11882369674 | a signed opinion in which one of more members agree with the majority view but for different reasons | concurring opinion | 36 | |
| 11882369675 | What is standing? | it is the right to sue (can decide before case even starts) | 37 | |
| 11882369676 | Rules of standing | - has to be a controversy between real adversaries - tax payer status does not equal standing - personal harm has to be generated | 38 | |
| 11882369677 | sovereign immunity | the rule that a citizen cannot sue the government without the government's consent | 39 | |
| 11882369678 | is the person who represents the interests of the State in court. | Solicitor General | 40 | |
| 11882369679 | a method whereby a poor person can have his or her case heard in federal court without charge | in forma pauperis | 41 | |
| 11882369680 | a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins | fee shifting | 42 | |
| 11882369681 | the party that initiates the lawsuit | plantiff | 43 | |
| 11882369682 | a case brought by someone to help themselves and all others who are similarly situated | class action suit | 44 | |
| 11882369683 | Pro and Con of class action suit | PRO - draw attention to product, save company from larger or further lawsuits Con - draw attention, limited compensation, cost, time | 45 | |
| 11882369684 | in forma pauperis is in what section? | section 1983 | 46 | |
| 11882369685 | How is the judicial power checked? | - president appoints people to all of the fed courts and Senate approves them - can redraw boundaries - control pay - court cannot enforce - Congress can amend Constitution and not follow SC ruling - can impeach people - public opinion | 47 | |
| 11882369686 | "let the decisions stand" or allowing prior rulings to control the current case | Stare decisis | 48 | |
| 11882369687 | a brief, unsigned court opinion | Per curiam opinion | 49 | |
| 11882369688 | brief submitted by a friend of the court | Amicus curiae | 50 | |
| 11882369689 | One of three groups of justices in the 1970s and 1980s, including Chief justice Warren Burger, who took a consistently conservative position on issues. Samuel Alito, John Roberts, Antonin Scalia, Clarence Thomas | conservative/ strict constructionist bloc | 51 | |
| 11882369690 | One of three groups of justices in the 1970s and 1980s, led by Justice William Brennan, who took a consistently liberal position on issues. It was usually in the minority. Stephen Breyer, Ruth Bader Ginsburg, Elena Kagen, Sonia Sotomayor | liberal/activist bloc | 52 | |
| 11882369691 | One of three groups of justices in the 1970s and 1980s that vacillated between liberal and conservative voting positions. Anthony Kennedy | swing bloc | 53 | |
| 11882369692 | interpreting the Constitution based on a literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions and societal changes. | Strict constructionist approach | 54 | |
| 11882369693 | A doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each authority prosecuting under its own law. | Dual sovereignty | 55 | |
| 11882369694 | a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins | fee shifting | 56 | |
| 11882369695 | an issue the Supreme Court will allow the executive and legislative branches to decide | political question | 57 | |
| 11882369696 | a judicial order enforcing a right or redressing a wrong | remedy | 58 | |
| 11882369697 | The tradition by which the Senate will not confirm a district court judge if the senator who is from that state and of the president's party objects. | Senatorial courtesy | 59 | |
| 11882369698 | a written statement by an attorney that summarizes a case and the laws and rulings that support it | brief | 60 | |
| 11882369699 | the party that initiates a lawsuit | plaintiff | 61 | |
| 11882369700 | an individual, company, or institution sued or accused in a court of law | defendant | 62 | |
| 11882369701 | rules defining relationships among private citizens | civil law | 63 | |
| 11882369702 | A body of rules defining offenses that are considered to be offenses against society as a whole and for which conviction could result in a prison term | criminal law | 64 | |
| 11882369703 | a case brought by someone to help both himself or herself and all others who are similarly situated | Class action lawsuit | 65 | |
| 11882369704 | a signed opinion in which one or more justices disagree with the majority view | Dissenting opinion | 66 | |
| 11882369705 | federal courts that hear appeals from district courts; no trials | court of appeals | 67 | |
| 11882369706 | cases concerning the constitution, federal laws, or treaties | Federal/question cases | 68 | |
| 11882369707 | cases involving citizens of different states who can bring suit in federal courts | diversity cases | 69 | |
| 11882369708 | a legal rule stating who is authorized to start a lawsuit | standing | 70 | |
| 11882369709 | a signed opinion of a majority of the SC | opinion of the court | 71 | |
| 11882369710 | a pattern of voting behavior of two or more justices | bloc voting | 72 | |
| 11882369711 | agreed to block filibusters unless there were "extraordinary circumstances" | gang of fourteen | 73 | |
| 11882369712 | a ruling that declared negroes could not be federal citizens | Dred Scott v. Sanford | 74 | |
| 11882369713 | an individual who represents the federal government before the Supreme Court | solicitor general | 75 | |
| 11882369714 | the meeting at which the justices vote on cases that they have recently heard | friday conference | 76 | |
| 11882369715 | the scope of authority by which a higher court reviews a case from a lower court | appellate jurisdiction | 77 |
