Bueracracy Flashcards

(30 cards)

0
Q

Restraint

A

Judges should decide cases based strictly on the basis of constitutional language (strict constructionists)

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1
Q

What is judicial review?

A

Federal courts weapon in system of checks and balances (maybury vs. Madison)

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2
Q

Activism

A

Judges should discern from the general principles underlying law / constitution and apply to modern circumstances

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3
Q

Created judicial review, implied powers and supremacy clause

A

Marbury vs. Madison 1803

Mccullock vs. Maryland 1819

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4
Q

Jurisdiction

A

Worcester v. Georgia 1832

States do not have criminal jurisdiction in Indian territory

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5
Q

No standing slaves are property Taney court

A

Dred Scott v. Sanford 1857

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6
Q

Constitutional court

A

Courts where they are protected by the constitution

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7
Q

Legislative court

A

Set up by congress for specific reason (military tax intl. claims)

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8
Q

Selecting judges

A

Party background does make a difference

In how judges behave

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9
Q

Liberal decision

A

Favor civil rights govt. Regulation

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10
Q

Conservative decision

A

Opposes regulation favors states govt

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11
Q

Litmus test

A

Examination of party ideology of nominated judge and approval of interst groups and thank tanks

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12
Q

Dual court system

A

State and federal

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13
Q

Federal

A

Whole country issues

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14
Q

State

A

State issues sometimes tried in both courts example. Rodney king case 1992

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15
Q

Marshall court

A

Martin v. Hunters lesse 1816

16
Q

Warren court

A

Gideon v wainwrite

17
Q

Writ of certiorari

A

Order by higher court to lower court to send case docs for review

18
Q

Choosing cases

A

Law clerks and rule of four

19
Q

Forma pauperis

A

Can lower cost if too overwhelming

20
Q

Fee shifting

A

Defendant loses plaintiff can recover legal fees from him

21
Q

Plaintiff

A

A person who brings case against another I’m a court of law

22
Q

Standing

A

The requirement that plaintiffs have a serious interest Ina. Case

23
Q

Original jurisdiction

A

Jurisdiction of the courts that hear a case first usually in trial

24
Courts of appeal
Applet courts empowered to review all final decisions of district courts
25
Scolitcitor general
Responsible for choosing and arguing cases before the supreme courts on behalf of the us gov.
26
Burger court
Roe v wade Us v Nixon Regents of uninv. Of Cali v bakke
27
Courts make law when...
They reinterpreted law or constitution extend laws or judges act as legislators admins
28
Courts can pass slightly revised laws if
It acts as unconstitutional
29
Stare decsis
Letting decisions from previous ruling similar cases stand as percedent