Judiciary Test Flashcards

0
Q

How was judicial review established?

A

Marburg v. Madison

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1
Q

Allows courts to rule on the constitutionality of laws and actions

A

Judicial review

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2
Q

Why do Americans rely so heavily on courts?

A

To resolve political questions

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3
Q

Most American law is based on

A

English common law

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4
Q

Deciding new cases with reference to former decisions

A

Precedent

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5
Q

The ongoing tradition of letting a case stand and using it for the basis for other rulings

A

Stare decisis

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6
Q

What are the main sources of American law?

A

Federal/ state constitutions, statutes, and administrative law

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7
Q

Judicial interpretations of common law principles, interpretations of constitution, statutory and administrative law

A

Case law

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8
Q

The dual court system is

A

State and federal courts

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9
Q

The federal court derives it power from

A

Jurisdiction

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10
Q

The federal courts power is given to them in

A

Article 3 of the constitution

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11
Q

When a case involves to people from different countries or different states

A

Diversity of citizenship

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12
Q

Cases are heard for the first time

A

Trial courts

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13
Q

Trials are reheard for an appeal

A

Appellate courts

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14
Q

Are federal courts located in every state?

A

Yes

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15
Q

When can a Supreme Court rehear cases?

A

If a federal question is involved

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16
Q

A document trying to sway the court in one way because an interest group has an interest in the ruling

A

Amicus Curia brief

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17
Q

Hears a broad range of cases

A

General jurisdiction

18
Q

Tried cases only involving certain types of claims

A

Limited jurisdiction

19
Q

Issued when the Supreme Court decides to grant a petition for review, it orders lower courts to send a record of the case

A

Writ of certiorari

20
Q

The ruling with the reasons for ruling

A

Opinion of the court

21
Q

All justices agree on a ruling

A

Unanimous opinion

22
Q

Outlines the views on a case that the majority of the judges agree with

A

Majority opinion

23
Q

A justice wants to point out specific points involving a case

A

Concurring opinion

24
Q

Written when a judge disagreed with the majority

A

Dissenting opinion

25
Q

To send a case back to the court the originally held it

A

Remand

26
Q

To state a ruling is valid and must stand

A

Affirm

27
Q

Attorneys present reasons why the judges should real in their favor at an appellate court

A

Oral argument

28
Q

A tradition allowing a senator to veto a judicial appointment in his or her state

A

Senatorial courtesy

29
Q

Regarding senatorial courtesy in the 21st century republicans

A

No longer allowed senatorial courtesy

30
Q

Demographics of the Supreme Court

A

Previously judges, Protestant, college graduates, 51-60, white males

31
Q

What percentage of Supreme Court nominations have been rejected or not acted on?

A

20%

32
Q

The first female Supreme Court judge

A

Sandra Day O’Connor

33
Q

Was O’Connor a conservative?

A

At first but she changed after being in office for a while

34
Q

A female judge that was supposed to replace O’Connor was declined her appointment. When she was deemed inadequate

A

Harriet Miers

35
Q

The federal judiciary should make changes and check the actions of the rest of the government

A

Judicial activism

36
Q

The idea that rulings should be made based on how the founders viewed things when writing the constitution

A

Strict construction

37
Q

What current judge is a strict constructionist?

A

Antonio Scalia

38
Q

Who are the current judges?

A

Antonio Scalia, Stephen Breyer, Ruth Bader Ginsburg, Anthony Kennedy, Clarence Thomas, Sonia Sotomayor, Elena Kagan, Samuel Alito, John Roberts

39
Q

What did the supermen court do in the election of 2000?

A

Stop the recount

40
Q

Interpret the constitution in regards to today

A

Broad construction

41
Q

Courts should defer to the decisions made by representatives elected by the people

A

Judicial restraint

42
Q

How does the president change the sway of the Supreme Court?

A

By appointing judges

43
Q

What can congress do when it disagrees with the Supreme Courts ruling?

A

Deny funds, pass legislation, amend the constitution