AP Government-Judicial Branch Flashcards

8428053182	jurisdiction	the authority of the courts to hear certain cases	0
8428053184	appellate jurisdiction	courts that hear reviews or appeals of decisions from the lower courts have this	1
8428053186	Federal District Court	94 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 1789	2
8428053187	Court of Appeals	13 courts 179 judges appellate ONLY created in 1891	3
8428053188	Supreme Court	only required court by Constitution 1 court 9 judges-set in 1869 mostly appellate jurisdiction; rarely original jurisdiction	4
8428053189	constitutional courts	the federal courts created by Congress under Art. 3 of Const.	5
8428053190	legislative courts	created by Congress include territorial courts, the U.S. Tax Court, and the U.S. Court of Appeals for the Armed Forces	6
8428053191	who appoints supremes?	President approved by Senate	7
8428053192	qualifications for Supremes	none	8
8428053193	term of office for supremes	life when they have "good behavior" can retire	9
8428053194	removal of supremes	impeachment and conviction death resignation	10
8428053195	nominations for lower court	Dept. of Justice and White House staff do research for nominations and propose list to Pres.; Pres. usually agrees with them	11
8428053197	when can appointments be made to supreme court?	only when there's a vacancy	12
8428053198	traits taken into account when appointing supremes	party 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 approve	13
8428053199	something all supremes have	legal training	14
8428053200	things some supremes have	held government positions lawyers for leading law firms been federal district attorneys been law school professors	15
8428053201	1st African American on SC	Thurgood Marshall; appointed by LBJ; argued for Brown v. Board	16
8428053202	1st female on SC	Sandra Day O'Connor; appointed by Reagan	17
8428053203	1st Hispanic on SC	Sonia Sotomayor; appointed by Obama	18
8428053204	term of Supremes	begins 1st Monday in October; ends June 30	19
8428053205	accepting cases	thousands are appealed each year; they pick a couple hundred they want to hear	20
8428053206	why are most cases denied?	justices think lower court's decision was right	21
8428053209	writ of cert	an order by the court directing a lower court to send up a case	22
8428053211	brief	a detailed statement of the facts of a case supporting their position; written by each side before case	23
8428053212	amicus curiae	friends of the court; people who come to support or reject arguments of the case	24
8428053213	oral arguments	timed (usually 30 min); each side presents their case there is an exception for high profile cases (longer time)	25
8428053214	research	law clerks fact check; supremes meet in private conferences to consider oral arguments	26
8428053215	majority opinion	explains the court's decision and its reason if chief justice votes w/ majority, chief selects who writes opinion (or writes it himself)	27
8428053216	if chief justice is voting with minority...	then the most senior associate (person who's been on the longest) decides who writes opinion	28
8428053219	majority opinions become precedents...	which are standards or guides to be followed in deciding similar cases in the future (common sense)	29
8428053220	New Deal Era	when FDR was pres., Charles Evans Hughes	30
8428053221	Warren Court	1953-1969	31
8428053222	Burger Court	1969-1986	32
8428053223	Rehnquist Court	1986-2005	33
8428053224	Roberts Court	2005-present	34
8428053225	who is chief justice now?	John Roberts appointed in 2005 by Bush	35
8428053227	judicial restraint	court avoids making policy; wants to leave policy up to other two branches	36
8428053228	Appellate court (most important caseload of the supreme court)	They review all final decisions of district courts (except in rare cases).	37
8428053229	Jurisdiction	The power to make legal decisions and judgments	38
8428053230	Distinguish 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
8428053231	Original Juridiction	Jurisdiction of a court that hears a case first, usually in a trial.	40
8428053232	Explain 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
8428053233	Courts of appeal (same as appellate court)	Appellate courts that can review all final decisions from district courts.	42
8428053234	In what cases does the supreme Court hold original jurisdiction?	Cases involving Diplomats from foreign nations, and disputes between states.	43
8428053235	Describe 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
8428053237	Criminal law	Is the body of law that relates to crime.	45
8428053238	Civil law	A law that governs relationships between individuals and defines their legal rights.	46
8428053241	Explain 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
8428053242	Writ of Certiorari	A decision by the Supreme Court to hear an appeal of a lower court's opinion.	48
8428053243	Rule of four	A requirement which states that a case can only be heard by a supreme court if four justices vote to hear the case.	49
8428053245	Case law	Law established by the outcome of former cases	50
8428053246	Describe 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
8428053247	Describe 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
8428053248	Judicial restraint	Judges playing minimal policymaking roles, leaving the duty to the legislatures.	53
8428053249	Judicial activisim	One 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 President	54
8428053250	How 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
8428053251	Why 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
8428053256	Describe 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
8428053258	District court	Lowest level of federal courts, where federal cases begin and trials are held (bank robbery, environmental violations, tax envasion)	58
8428053260	How 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
8428053261	Explain 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
8428053263	Which President served in the Supreme court?	Taft	61
8428053264	Which of the following is empowered to create new federal courts and specify the number of judges who will sit on them?	Congress.	62
8428053266	What factors does the President look at when appointing a judge?	-Party affiliation -Acceptability to the Senate -Ability of the justice to win elections -Judicial experience	63
8428053267	Senatorial courtesy	An 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
8428053268	A nonlitigant group or individual that wants to attempt to influence the court in a particular case can file	An anicus curiae brief.	65
8428053269	Amicus Curiae brief	Legal briefs submitted by a "friend of the court for the purpose of raising additional points of view.	66
8428053270	Legal brifefs	A 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
8428053271	Litigate	A person engaged in a lawsuit.	68
8428053273	plantiff	A person who brings a case against another in a court of law.	69
8428053274	Why is the doctrine of stare decisis significant?	It is the principle that affirms that courts are bound by prior decisions.	70
8428053275	Stare decisis	The 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
8428053276	What can be done once the Supreme court finds a federal law unconstitutional?	Congress can try to amend the constitution.	72
8428053277	Can 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 trial	73
8428053278	What 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
8428053281	Concurring opinion	Additional opinion in a court decision written by a member of the majority.	75
8428053282	Dissenting opinion	Judicial written opinion that contradicts the ruling of the full court.	76
8428053283	Per Curiann decision	Is 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
8428053284	Precedent	A decision made by a higher court.	78
8428053286	Reverse	To rule against.	79
8428053287	Solicitor General	A presidential appoinntee (lawyer) and the third-ranking office in the Department of justice.	80
8428053288	Trial court	The first court before which facts of a case are decided.	81
8428053289	Unanimous Opinion	A written opinion in which all 9 justices agree.	82
8428053290	The doctrine of stare decisis is significant for which of the following reason?	It is the principle that affirms that courts are bound by prior decisions	83
8428053291	Who was behind the court case Marbury v madison	John Marshall	84