Chapter 14 Flashcards Preview

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Flashcards in Chapter 14 Deck (58):
1

Which article of the Constitution establishes the Judiciary?

Article III

2

How are judges chosen?

Presidential appointees instated by the Senate, for state courts there is senatorial courtesy

3

What are some factors that go into choosing judges?

race, gender, party, and ideology

4

How is the are the American courts more powerful than the British courts?

British courts do not have the power to overturn Parliament's laws

5

What established Judicial Review?

Marbury vs Madison

6

What are the three federal court systems?

Supreme Court, Circuit Court (court of appeals), and District Courts

7

What are District Courts?

the lowest courts that hear a majority of cases, only have original jurisdiction

8

What system is American judicial process based on?

adversary system

9

what is the adversary system?

A system where the court is the neutral arena for two sides to argue their differences, based on the fight theory which guarantees fairness

10

What kind of power is judicial power?

passive and reactive, judges cannot investigate cases, only interpret the evidence

11

What kind of cases can judges decide on?

Justiciable disputes

12

What are justiciable disputes?

Lawsuits that grow out of actual controversies

13

What does standing issue to sue mean?

It means that the plaintiff must have an actual risk of personal injury not a hypothetical case

14

What are class action suits?

cases in which a small number of people represent all other people similarly situated

15

How large is the influence of class action suits?

very, they can force major changes in public policy

16

Who can file suits under civil law?

people who seek monetary awards for injuries to themselves or their property and individuals against a business

17

Who can file suits under criminal law?

only the government

18

What is the public defender system?

the government provides poor defendants with lawyers

19

What type of disputes can courts not always resolve?

political questions, they sometimes require the use of methods not suitable to courts

20

How are state and Federal courts related?

they have separate but related jobs, the states interpret state constitutions and the federal interprets the countries constitution

21

what is original versus appellate jurisdiction?

original is when it is the first time the case has been reviewed, appellate is after the case is appealed

22

What is the circuit court?

also known as the court of appeals, mostly appellate cases, more powerful than district courts

23

How many courts is the Circuit court split into?

11 allocated by geography and population, a 12th is in DC

24

What kind of juries are there for district courts?

petit and grand, grand for criminal indictments and petit for trials

25

what are magistrate judges?

officials who perform a variety of judicial duties

26

What article gives the president the right to appoint judges?

article II

27

What has changed about recent judicial appointments?

they are more controversial as lower courts are viewed as political players now

28

What role does ideology play in choosing judges?

presidents want to choose the "right" kind of democrat or republican, republicans are usually conservative democrats liberal

29

What is judicial self-restraint versus judicial activism?

self-restraint means that they interpret the constitution as the founders meant it and activism is adapting to the current times

30

Do judges make laws?

Yes, they interpret the constitution and apply legislative statues to concrete situations

31

What is stare decisis?

It is adherence to precedence of old court decisions, not completely restrictive

32

What is one reason for a judges retirement?

Almost guaranteed replacement by someone with similar views

33

What is one large change to the selection process?

nominees are no longer allowed in the senate's hearing on their confirmation

34

Can the number of judges be changed?

Yes, when one party has control of the white house and congress it is often expanded but was made smaller for Andrew Johnson

35

What is the Supreme Court's term?

the first monday of October to the end of June

36

Does Chief Justiceship guarantee leadership?

No, it depends on the style of the chief justice, some are more relaxed and other try to go for more powerful, unanimous votes

37

Mostly which kind cases reach the Supreme Court now?

a majority are writ of certiorari which is a formal petition to bring a case before the court

38

Does the court choose its cases?

Yes, based on the rule of four, if four justices are interested they take it

39

How many law clerks may each justice have?

4

40

What do law clerks do?

work closely with the justices and prepare draft opinions

41

What does the solicitor general do?

Represents the government before the Supreme Court

42

What do amicus curiae briefs do?

Provide justices with specific information on a case from groups independent from the case to influence the decision

43

how long does each side get to state their case?

30 minutes during which the justices can interrupt for as long as they wish

44

on which days do the justices discuss in private?

Wednesdays and Fridays

45

Who is our current chief justice?

Chief Justice Rhenquist

46

How are court decisions explained?

By the published Opinions of the Court

47

Who writes the opinion of the court?

If the Chief Justice is voting with the majority then they assign someone to write for the majority, other justices can write concurring or dissenting opinions as well and sign as many opinions as they agree with

48

Who can see the opinion of the court?

the opinion is available to everyone on the internet, released in copies to journalists and added to the United States Supreme Court Opinions

49

How is the decision of the Supreme Court enforced?

the court remands it or sends it back to the lower courts with instructions

50

What debate is there over the role of justices?

there is conflict over whether justices should take and active role in interpreting the constitution or read it as the founders intended

51

Do the people have a link to Justices?

Yes, as they are instated by presidents and senate they will have the same opinions as the elected officials

52

Is there a link between public opinion and the decision of the courts?

yes

53

Who writes the opinion of the court?

If the Chief Justice is voting with the majority then they assign someone to write for the majority, other justices can write concurring or dissenting opinions as well and sign as many opinions as they agree with

54

Who can see the opinion of the court?

the opinion is available to everyone on the internet, released in copies to journalists and added to the United States Supreme Court Opinions

55

How is the decision of the Supreme Court enforced?

the court remands it or sends it back to the lower courts with instructions

56

What debate is there over the role of justices?

there is conflict over whether justices should take and active role in interpreting the constitution or read it as the founders intended

57

Do the people have a link to Justices?

Yes, as they are instated by presidents and senate they will have the same opinions as the elected officials

58

Is there a link between public opinion and the decision of the courts?

yes