Judiciary Flashcards
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| 595571637 | Article III | of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress | 0 | |
| 595571638 | Judicial review | review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court | 1 | |
| 595571639 | Strict-constructionist approach | the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution | 2 | |
| 595571640 | Activist approach | the view that judges should discern the general principles underlying laws or the constitution and apply them to modern circumstances | 3 | |
| 595571641 | Marbury v. Madison | The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, (the Judiciary Act of 1789). | 4 | |
| 595571642 | McCulloch v. Maryland | 1819, Cheif justice john marshall limits of the US constition and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. supreme court ruled that power of federal govt was supreme that of the states and the states couldnt interfere | 5 | |
| 595571643 | John Marshall | Chief Justice of the Supreme Court appointed by John Adams | 6 | |
| 595571644 | Dred Scott case | 1857 Supreme court case that developed the fact that slaves were property not persons entitled to constitutional rights. It was the second Supreme Court decision to declare a law unconstitutional- Missouri Compromise | 7 | |
| 595571645 | "Court-packing" bill | FDR tried to appoint supreme court officials to make the supreme court more democratic in order to pass more bills, unconstitutional | 8 | |
| 595571646 | sovereign immunity | The rule that a citizen cannot sue the government without the government's consent | 9 | |
| 595571647 | constitutional court | 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 created by Congress | 10 | |
| 595571648 | district courts | Lowest level of fed. courts, where fed. cases begin &trials are held (bank robbery, environmental violations, tax evasion) | 11 | |
| 595571649 | courts of appeals | federal courts that hear appeals from district courts; no trials | 12 | |
| 595571650 | legislative court | A lower federal court created by Congress for specialized purposes. These justices have fixed terms of office, can be removed from office, and may have their salaries reduced while in office. | 13 | |
| 595571651 | senatorial courtesy | Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. | 14 | |
| 595571652 | litmus test | an examination of the political ideology of a nominated judge | 15 | |
| 595571653 | jurisdiction | (n.) an area of authority or control; the right to administer justice | 16 | |
| 595571654 | federal-question cases | Cases concerning the Constitution, federal statutes, or treaties. | 17 | |
| 595571655 | diversity cases | Cases involving citizens of different states who can bring suit in federal courts. | 18 | |
| 595571656 | writ of habeas corpus | a court order that requires police to bring a prisoner to court to explain why they are holding the person | 19 | |
| 595571657 | writ of certiorari | Order by the Supreme Court directing a lower court to send up the records of a case for review | 20 | |
| 595571658 | writ of mandamus | an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion | 21 | |
| 595571660 | Stare Decisis | Let the decision stand; decisions are based on precedents from previous cases | 22 | |
| 595571661 | informa pauperis | A procedure whereby a poor person can file and be heard in court as a pauper, free of charge. | 23 | |
| 595571664 | fee shifting | a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins | 24 | |
| 595571666 | plaintiff | a person who brings an action in a court of law | 25 | |
| 595571667 | standing | a legal rule stating who is authorized to start a lawsuit | 26 | |
| 595571669 | class-action suit | a case brought by someone to help him or her and all others who are similarly situated | 27 | |
| 595571671 | remedy | a judicial order enforcing a right or redressing a wrong | 28 | |
| 595571673 | brief | A written statement by an attorney that summarizes a case and the laws and rulings that support it | 29 | |
| 595571675 | amicus curiae brief | a brief presented by someone interested in influencing the outcome of a lawsuit but who is not a party to it | 30 | |
| 595571677 | judicial activism | an interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court) | 31 | |
| 595571678 | judicial restraint | view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past | 32 | |
| 595571679 | Chief Justice (Conservative) | John Roberts | 33 | |
| 595571680 | Justice (Liberal) | Elena Kagan | 34 | |
| 595571681 | Justice (Liberal) | Sonya Sotomayor | 35 | |
| 595571682 | Justice (Swing Vote) | Anthony Kennedy | 36 | |
| 595571683 | Justice (Conservative) | Antonin Scalia | 37 | |
| 595571684 | Justice (Liberal) | Ruth Bader Ginsburg | 38 | |
| 595571685 | Justice (Conservative) | Clarence Thomas | 39 | |
| 595571686 | Justice (Conservative) | Samuel Alito | 40 | |
| 595571687 | Justice (Liberal) | Steven Breyer | 41 | |
| 595571688 | US Attorney General | Eric Holder | 42 | |
| 595571689 | US Solicitor General | Donald Verrilli, Jr | 43 | |
| 595571690 | Constitutional Courts (Article 3) | US Supreme Court, Appeals Courts, District Courts | 44 | |
| 595571691 | Legislative Courts (Article 1) | Tax Court, Court of Int'l Trade, Court of Military Appeals | 45 | |
| 595571692 | Selection Criteria | Political Ideology, Party & Personal Loyalties, Senate Acceptability, Judicial Experience, Race, Gender | 46 | |
| 595571693 | Senatorial Courtesy | get the blessing of the Senator from the state where the opening is if from your party | 47 | |
| 595571694 | National Supremacy Period | Marbury v. Madison (1803) - Judicial Review McCulloch v. Maryland (1819) - Nat'l Supremacy and Implied Powers | 48 | |
| 595571695 | State Sovereignty | Dred Scott (1857) | 49 | |
| 595571696 | Government and Economy | 1870s - 1930s | 50 | |
| 595571697 | Government and Political Liberty | Warren - Burger | 51 | |
| 595571698 | Revival of State Sovereignty | Rehnquist - Roberts | 52 | |
| 595571699 | Power to Make Policy | Judicial Review, Stare Decisis, Remedy | 53 | |
| 595571700 | Rule of 4 | need four votes to grant cert | 54 | |
| 595571701 | Chain of Events | File Writ of Cert, Rule of 4, File briefs, Amicus Curiae Briefs filed, Oral Arguments, private initial vote, write opinions, final vote and announcement. | 55 | |
| 595571702 | Adversarial nature of the Court | Someone wins, someone loses. (plaintiff vs. defendant) | 56 | |
| 595571703 | Supreme Court Session | October to June | 57 | |
| 595571704 | Checks on Judicial Power | Prez. Power to appoint, Senatorial Courtesy, Senate Approval, Impeachment, number of courts, number of judges, no power to enforce, reversals, jurisdiction, public opinion | 58 |
