Chapters 11 And 12 Flashcards

(41 cards)

1
Q

Litigant

A

A person engaged ina lawsuit

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2
Q

Petit jury

A

A trial jury, usually consisting of 6 or 12 people, that weighs the evidence presented at a trial and renders a verdict

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3
Q

Grand jury

A

A group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial

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4
Q

Indictment

A

A formal charge by a grand jury

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5
Q

Judicial circuit

A

A region containing a United States appellate court

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6
Q

Opinion

A

A written explanation of a supreme courts decision

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7
Q

Writ of certiorari

A

An order from the Supreme Court to a lower court to send up the records on a case for review

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8
Q

Brief

A

A written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case

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9
Q

Amicus curiae

A

Latin for friend of the court

A written brief from and individual or group claiming to have info useful to a courts consideratiob of a case

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10
Q

Stare decjsis

A

A latin term meaning “let the decision stand”
I
Principle that once the court rules on a case, its decision serves as a precedent on which to base other decisions

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11
Q

Precedent

A

A model on which to base later decisions or actions

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12
Q

Bloc

A

Coalition that promotes a common interest

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13
Q

Swig vote

A

Deciding vote

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14
Q

Explain the difference between concurrent jurisdiction, original jurisdiction, appellate jurisdiction

A

Concurrent- both states and federal gives have authority to hear case
Original- district court they have authority to hear case first
Appellate- can only hear case on review

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15
Q

What type of cases do federal courts have jurisdiction over

A

If involves: Federal law
Constitution
Treaty
Bankruptcy

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16
Q

Write out: What is judicial review

A

Authority of the court to review actions of govt and determine if they are constitutional

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17
Q

Explain the due process clause

A

When a state can not deprive you of life, liberty, and property without following specific procedures

18
Q

Explain the purpose of district courts. Where are they located? What type of cases do they hear? What percent of cases do they hear

A

Purpose: they are the trail courts for criminal and civil federal cases
94 across the states
Hear 80% of criminal and civil cases

19
Q

What is the federal courts of appeal store? How many are there? How are they divided up around the nation?

A

Are responsible for hearing appeals from the district court

They are divided into 12 circuits and 1 national court

20
Q

Matching: Court of international trade

A

Jurisdiction over cases dealing with tariffs

Based in NYC but hears cases in other port cities

21
Q

US court of federal claims

A

Handles claims against the us for money damages

-person who believes govt hasn’t paid bill sue in this court

22
Q

US tax court

A

Cases relating to fed taxes

Comes from citizens disagreeing w/IRS

23
Q

US Court of Appeals for the Armed Forces

A

Armed forces highest appeals court

Cases of armed forces members convicted of breaking military law

24
Q

Territorial courts

A

Exist in Guam, Puerto Rico, etc

25
Courts of the District of Columbia
Judiciary system for fed district/nations capital | Includes fed district courts, court of appeals, and local courts
26
Courts of veterans appeals
Hears appeals from board of veterans appeals | Deals with veterans claims for benefits and other problems
27
Foreign intelligence surveillance court
Authorized to secretly wiretap people suspected of spying against us.
28
Give an example of a case that the Supreme Court has original jurisdiction over
Original jurisdiction if involves a foreign diplomat, if states are involved, or states sues the fed govt
29
Give an example of a case that the Supreme Court has apeallate jurisdiction over
Comes from lower court of appeals
30
What are the three decision-making task of the suprme court
1. Which case to hear 2. Deciding the case its self 3. Write the opinion
31
Lisiting: Who are the current Supreme Court justices
``` Roberts Chief Justice Alito Souter Breyer Kennedy Thomas Stevens Vader Ginsburg ```
32
Name some of the duties of the justices
Have to decide cases and write opinions Each responsible for federal circuit Can take on additional limited duties outside the court
33
How are the Supreme Court justices given the job? How long do they say
Appointed by the president approved by the senate | Serve for life
34
Explain what justices do during a session. Know that a session general is the last from
Sit for 2 weeks each month to hear and announce cases, rest of the time they decide which cases to hear, write opinions, and meetings Last from October to June
35
No the four ways a case married to the Supreme Court and having a different
Writ of certiorari- party in a case seeks review and the court requests records on the case Appeal- someone has requested a lower courts decision to be reviewed on a case dealing with the constitution Solicitor general- lawyer for the us govt will pursue cases in the Supreme Court Original jurisdiction- if Supreme Court has original jurisdiction
36
Listing: Westin describe the steps to the deciding major cases
Submitting briefs- lawyers on each side submit written statement of their legal argument Oral arguments- each side gets 30 minutes to present their case and be questioned by the justices Conference- justices meet in private, debate the case and vote Writing the opinion- a justice is assigned to explain the courts decision
37
Explain the difference between majority opinion, concurring, unanimous, and dissenting
Majority: winning unanimous: everyone agrees Concurring: agree but for a different reason Dissenting: losing opinion
38
What are the three tours the court as for shaping policy
Judicial review, interpreting the meaning of laws, overruling and reversing its previous decisions
39
What are the limits on Supreme Court authority
``` Types of issues Types of cases Control of agenda Lack of enforcement power Checks and balances ```
40
Name the 5 forces that shape the decisions the court makes
``` Existing laws Personal views of justices Justices interactions with one another Social forces and public attitudes Congress and the president ```
41
Give examples on how the president and congress can influence the court
Congress: Set # of justices and salary, senate approves them, can limit types of cases that come to Supreme Court, rewrite laws President: can appoint justices or refuse to enforce their decision