AP Government Chapter 6 Unit 2 Test Flashcards
(35 cards)
Why is the Judicial Branch the least powerful of the three branches?
They can only interpret laws, they don’t have the power of enforcement and they can’t create legislation.
Which judicial power does Mar bury v Madison establish?
Judicial Review
What is original jurisdiction?
A Court’s power to hear cases for the first time.
What is appellate jurisdiction?
The Court has the power to review the decisions of lower courts
What is the Rule of Four?
permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court’s members from controlling their docket.
The Supreme Court hears approximately ________ cases per year with over 90% of them coming from ________ jurisdiction.
100-150, Appellate
Private disputes between parties or organizations are referred to as this type of a case…
Civil cases.
Examples: Divorce, custody
Cases involving an action that is considered more harmful or serious to society as a whole are called this type of case…
Criminal
Courts rely on this from the past to guide current judgments…
Power of precedent
List the three court from most powerful, to least.
Supreme Court, District Court of Appeals, District Courts
What is judicial activism and what is the criticism of the philosophy?
Judges abandon their responsibility to interpret the Constitution and instead decide cases to advance their preferred policies. People argue that courts are supposed to interpret and remain impartial.
What is strict constructional ism?
one who favors a strict construction of the Constitution of the United States compare loose constructionist.
What is judicial restraint?
A judge not injecting his or her own preferences into legal proceedings and rulings.
What was the Warren Court?
Dwight D Eisenhower elected Warren, expecting him to have conservative views. Instead, Warren’s decisions were more liberal and people accused him of expressing judicial activism.
Who was Burger?
Chief Justice nominated by Nixon, hoping to prevent the Warren court incident. Burger also ended up showing judicial activism.
A Latin synonym for the concept of precedent is…
Stare Decicis
When the Supreme Court invokes the Rule of Four and asks for a case to be brought to it under its appellate jurisdiction it is called…
Writ of Certiorari
What is an Ammicus Curae Brief?
Briefs written by individuals or groups who are not directly involved in a legal case, but have expertise or insight to offer a court to assist in making its decision.
What is the Majority Opinion?
The majority of justices of judges hearing the case agree with each other. Usually deciding to agree with the decision reached in the appellate case.
What is a Concurring Opinion?
Majority support the result reached in the case, but for different reasons.
What is a Dissenting Opinion?
an opinion written by an appellate judge or Supreme Court Justice who disagrees with the majority opinion in a given case.
What must Supreme Court justice workers do in the confirmation process?
They must first pass a litmus test, then the presidential nomination, then pass the Senate Judiciary Committee, then finally win a full Senate confirmation vote.
When the president and the senate are of the same party, older Supreme Court Justices are pushed to consider this action…
Retirement.
What type of vote is needed to confirm a Supreme Court Justice?
Majority vote.
