Chapter 15 Flashcards
(29 cards)
4 typical backgrounds of Supreme Court justices
Whites males
From appointing presidentship political party
Same political philosophy as appointing president
Usually had administrative or judicial positions
Who is the current Chief Justice of the Supreme Court
John Roberts
4 criteria for selection as a Supreme Court justice
Experience
Ideology
Judicial philosophy
Partisanship (political party)
4 means by which interest groups influence the judicial process
Filing a class action lawsuit
Having their lawyers representing a plaintiff
Filing an amicus curiae brief
Lobbying the judiciary committee about a judicial nominee
What court case established the principle of judicial review
Madison vs. Marbury
Who was the Chief Justice
John Marshall
What is the judicial review
Ability of the court to rule acts of congress, executive branch,state legislatures as unconstitutional
What is original jurisdiction
Courts that hears cases for the first time
What is appellate jurisdiction
Courts that hear cases on appeal or review
Which does the Supreme Court have
Appellate or original jurisdiction
Both
What federal courts are specified by the constitution
U.S. Supreme Court
Civil cases
Dispute between two parties usually over property such as divorce, discrimination charges by an example employee vs an employer, child support, merger of two firms for its legality
Criminal cases
Violation of specific law such as theft, murder, embezzlement, assault etc
What is the weakness of the courts as policy makers
The courts must rely on other institutions to implement their decisions
What is the formal definition of the judicial system
An adversarial system in which justice emerges from the struggle between two contending points of view
What is senatorial courtesy
Nominees for federal judgeships most meet the approval of senators of the presidents party of from the state that the nominee is from
What is the basis for most Supreme Court decisions
Based on past procedure or diversions in similar cases
What are stare decisis
Courts decide cases largely based on earlier or previous court decisions
Besides judicial review what is the primary strength of the Supreme Court
Ability to decide which cases it will hear
What is an amicus curiae brief
Legal briefs submitted by “friends of the court” to provide information and influence the courts decision
What is the check of the Supreme Court on congress
Judicial review -declares laws unconstitutional
Judicial activism
Decisions in the courts opinion based on the spirit of the times and the needs of the nation
Judicial restraint
Courts merely act as referees for the disputants/defer as much as possible to legislatures
Dissenting opinion
Decision written by one or more justices that disagrees with the majority opinion
