The Judiciary Flashcards

0
Q

Judicial power extends to issues dealing with…

A
Common law
Equity
Civil law
Criminal law 
Public law
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1
Q

Where is the constitutional basis found for the judiciary

A

Article III

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2
Q

How are cases decided?

A

Through original jurisdiction or appellate jurisdiction

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3
Q

Who presides over impeachment trials?

A

Supreme Court Chief Justice

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4
Q

Who creates “inferior” courts to the Supreme Court?

A

Congress

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5
Q

On the federal level, Congress has creates two kinds of courts:

A
  1. Constitutional courts

2. Special courts

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6
Q

Constitutional courts

A

Formed to carry out the direction in the Constitution for the courts to exercise judicial power

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7
Q

Special courts

A

Created to deal with cases deriving from delegated powers of Congress (ex. Military’ tax, and veteran appeals)

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8
Q

Jurisdiction for federal courts

A
Laws arising from the Constitution 
Treaties 
Cases dealing with ambassadors 
Admiralty and maritime issues 
Cases between two or more US states 
Cases between citizens of different states
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9
Q

Judiciary Act

A

Est. District courts

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10
Q

District courts handle ___ (percent) of the federal cases brought to them

A

80%

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11
Q

First court for hearing cases involving federal crimes, civil suits over federal laws, bankruptcy proceeding, admiralty/maritime cases, and immigration cases

A

Destruct courts

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12
Q

Courts of appeal

A

Created to set up an intermediate level of appeal and a Supreme Court justice is assigned to act as a liaison
There are 13
Review decisions of district courts and special courts
Enforce decisions of regulatory agencies

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13
Q

Final court of appeals

A

Supreme Court

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14
Q

The appointment of federal justices

A

Has as much to do with partisanship as ideology

Is an example of the relationship among government branches and institutions

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15
Q

Senatorial courtesy

A

Tradition of prior approval of senators from the state from which the judge comes from
Does not apply to Supreme Court nominations

16
Q

What issues come under scrutiny when a Supreme Court Justice nominee goes before the Senate Judiciary Committee

A
Constitutional precedent
Judicial activism 
Legal writings 
Past judicial decisions 
Feelings of interest groups 
Public and media opinions 
Ethical/moral actions
17
Q

“Borked”

A

Reeds to a presidential appointee who does not get approved by the Senate because of ideological reasons

18
Q

The death of William Rhenquist resulted in…

A

End of an era of judicial restrain and conservative activism

19
Q

About how many cases does the court review each year?

A

75-100

20
Q

Rule of Four

A

A minimum of four justices agreeing to review a case

21
Q

Writ of certiorari

A

How cases move up in the federal court system

“To be made more certain”

22
Q

Five criteria for an appeal to be heard by the Supreme Court

A
  1. If a court has made a decisions that conflicts with precedent
  2. If a court has come up with a new question
  3. If one court of appeals has made a decision that conflicts with another
  4. If there are inconsistencies between courts of different states
  5. If there is a split in the court of appeals
23
Q

Amicus curiae

A

“Friend of the court”

Support certain positions for court cases

24
Q

Who represents the US government when cases are brought against it

A

The Solicitor General

25
Q

Once a majority decision is established, the Chief Justice assigns a justice to write _______, while opposing justices write _________. If the majority has a different opinion regarding certain components of the majority opinion, they may write ___________

A

Majority decision
Dissenting opinions
Concurring opinions

26
Q

Who has been given credit for setting the course of the young Supreme Court?

A

John Marshall

27
Q

Most activist Court

A

The Warren Court

Ex. Plessy v. Ferguson case was overturned, rights of the accused were expanded, etc.

28
Q

Rhenquist Court

A

Reversed many decisions by the Warren and Burger Courts

Conservative Activism