Chapter 5 Flashcards
(35 cards)
Article III
establishes the judicial branch of the federal government
U.S. District Courts
The federal court system are the courts of the ORIGINAL jurisdiction. All cases INVOLVING FEDERAL LAW are tried.
U.S. Claims Court
In Special courts created by congress deals with peoples CLAIMS AGAINST government seizure of property.
U.S. Court of Military Appeals
In special federal courts created by courts. Composed of the three civilians, is the final judge of court- martial convictions
Vacancy crisis
empty seats in the court house. In the federal courts as the senate delayed acting on the presidents nominees to the bench.
Senatorial courtesy
Senator from president party have veto over judges in their part. —- Folowed by the senate in confirmity federal judges below the supreme court.
Exclusive jurisdiction
Federal only. cases involving crimes agaisnt the laws of the united states.
concurrent jurisdiction
does state courts
original jurisdiction
supreme court. cases that can be presented first to court
appellate jurisdiction
supreme court. most of the cases it hears are appeals of lower court decisions.
Writ of certiorari
is an order to the lower court to send the entire record of the case to the court of review.
judicial review
the power not only to declare acts and laws of any state and local government unconstitutional but also to strike down acts of any branch of the federal government.
Marbury v. Madison
established to the principle of the judicial review.
McCulloch v Maryland
the state of Maryland attempted to tax Baltimore branch of the unpopular Bank of the United States, established by the federal government.
Dred Scott v Sandford
the court ruled that a slave (dred scott) was not automatically free just because his owner had taken him to a state not allowing slavery. —– slaves have no rights
Missouri Compromise (1820)
which has attempted to resolve the slavery issue dividing the new western territories into slave and free parts.
implied powers
bases on this clause were used later in broadly expanding the duties that congress could undertake.
court packing
threatening to expand the court
Baker v. Carr
decisions dealing with reapportionment. The warren court established the principle of “one man, one vote” for election districts.
Miranda v. Arizona
Resort to Remain Silent.
Bush v. Gore
Where the court split on Partisan lines, stopped a vote count, and made George Bush president.
Political question
an issue on which the constitution or laws give final say to another branch of goverment, or one the court feel it lacks the capability to solve.
Stare decisi (precedent)
to stand by decision. a final internal limit on the supreme court.
United States v Lopez
the court ruled that congress had exceeded its authority to regulate interstate commerce by passing a law intended to keep guns out of school. — last time in 60 years.