Flashcards in Chapter 14 Deck (58)
Which article of the Constitution establishes the Judiciary?
How are judges chosen?
Presidential appointees instated by the Senate, for state courts there is senatorial courtesy
What are some factors that go into choosing judges?
race, gender, party, and ideology
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
What established Judicial Review?
Marbury vs Madison
What are the three federal court systems?
Supreme Court, Circuit Court (court of appeals), and District Courts
What are District Courts?
the lowest courts that hear a majority of cases, only have original jurisdiction
What system is American judicial process based on?
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
What kind of power is judicial power?
passive and reactive, judges cannot investigate cases, only interpret the evidence
What kind of cases can judges decide on?
What are justiciable disputes?
Lawsuits that grow out of actual controversies
What does standing issue to sue mean?
It means that the plaintiff must have an actual risk of personal injury not a hypothetical case
What are class action suits?
cases in which a small number of people represent all other people similarly situated
How large is the influence of class action suits?
very, they can force major changes in public policy
Who can file suits under civil law?
people who seek monetary awards for injuries to themselves or their property and individuals against a business
Who can file suits under criminal law?
only the government
What is the public defender system?
the government provides poor defendants with lawyers
What type of disputes can courts not always resolve?
political questions, they sometimes require the use of methods not suitable to courts
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
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
What is the circuit court?
also known as the court of appeals, mostly appellate cases, more powerful than district courts
How many courts is the Circuit court split into?
11 allocated by geography and population, a 12th is in DC
What kind of juries are there for district courts?
petit and grand, grand for criminal indictments and petit for trials
what are magistrate judges?
officials who perform a variety of judicial duties
What article gives the president the right to appoint judges?
What has changed about recent judicial appointments?
they are more controversial as lower courts are viewed as political players now
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
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