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Courts Flashcards

1
Q

What are the presidential and congressional influences on the bureaucracy?

A

Presidential Influences: Appointments, Policy Direction, and Oversight

Congressional Influences: Legislation, Budgetary Control, Confirmation & Oversight, and Legislative Mandates

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2
Q

Court help solve what dilemmas ?

A
  • prisoner’s dilemmas (enforcing contracts) and coordination problems (interpreting laws)
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3
Q

Is there pressure from executive or legislative branches on courts ?

A

no, they independent

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4
Q

What type of courts are essential for economic growth?

A

Courts with legitimacy and a reputation for unbiased decision-making

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5
Q

What does article 3 say ?

A

judicial power vested in the federal courts, headed by the Supreme Court.

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6
Q

How are justices appointed ? term duration ?

A

-President appoints, senate approves

  • appointed for life unless impeached, and their salaries cannot be reduced during their tenure.
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7
Q

What is judicial review?

A

the authority of the judiciary to decide whether a law or any other government action is constitutional.

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8
Q

The Judiciary Act of 1789 and its Role in the Federal Court System

A
  • Established circuit courts, appeal courts, and district courts across states.
  • allowed federal officials to apply for a writ of mandamus (a court order) if they believe they have been wronged.
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9
Q

Marbury v. Madison (1803) ?

A

midnight appointments

  • court vulnerable (rule for marbury- prob ignored; rule against- confirm it has less power than other branches.
  • solution by judge Marshall: Judiciary act granting court right to issue writs of mandamus is unconstitutional
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10
Q

Dred Scott v. Sanford (1857) ?

A

slave sued for his freedom, Court ruled that Congress did not have the constitutional authority to ban slavery in newly acquired territories. This was the 2nd time the Supreme Court struck down a federal law for violating the Constitution.

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11
Q

What are the 2 types of cases ?

A

a. Criminal case: gov prosecutes a person for a crime against society.
b. Civil case: at least one person sues another person for violating the civil code of conduct.

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12
Q

What is a standing ?

A

the official status of a litigant who is entitled to have his or her case decided by the court.

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13
Q

how did FDR’s proposal have a significant impact on the Court ?

A

leading to a decision in favor of a minimum wage law in Washington, reversing a previous ruling.

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14
Q

What cases helped to define federal court powers?

A
  • McCulloch v. Maryland (1819): A state cannot tax the national bank
  • Gibbons v. Ogden (1824): Congress can regulate interstate commerce
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15
Q

What is the supreme court often referred to as ? case ?

A

Court of Last Resort

  • Bush v. Gore (2000) presidential election dispute.
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16
Q

What is a class-action lawsuit

A

a lawsuit in which the plaintiff or defendant is a collective group of individuals.

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17
Q

How many federal district courts ? circuit appeals courts ? special courts (Federal Claims and International Trade) ?

A
  • 94 federal district courts
  • 13 circuit appeals courts
  • 2 special courts (Federal Claims and International Trade)
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18
Q

What is original jurisdiction?

A

first court to hear a case

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19
Q

Who elects judges in the states courts ?

A

the people

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20
Q

What does electoral connection do ?

A

adds democracy but raises concerns about impartiality and informed voter decisions.

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21
Q

State and federal courts deal with distinct types of offenses, but federal courts may intervene in ??

A

in drug-related cases due to interstate criminal operations and harsher federal penalties.

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22
Q

Appellate Jurisdiction ?

A

review and revise decisions made by lower courts

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23
Q

What is dual jurisdiction?

A

have both original and appellate jurisdiction.

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24
Q

What is common law?

A

judiciary has the authority to determine how the law is to be interpreted.
this then affects future decisions

25
Q

What is civil law?

A

legal codes and statutes (and not judges) inform future decisions.

26
Q

What is stare decisis?

A

judges must to respect decisions of past court cases.

27
Q

What is statutory law?

A

Laws made by government bodies, like Congress or agencies they authorize, and the court decisions explaining those laws.

28
Q

What is constitutional law?

A

set of basic rules for creating laws and regulations, enforcing them, and understanding how courts interpret and apply them.

29
Q

Overturning Precedents case ?

A

Bowers v. Hardwick (1986): Upheld Georgia law banning sodomy

30
Q

What is the body of laws ?

A

Made up of written laws, like statutes and constitutions, as well as court decisions. Court rulings help shape and interpret these laws.

31
Q

Do courts take cases with conflicting opinions from different federal or state courts ? Example ?

A

Yes
-ex: Decision of the legal status of gay marriage in 2012 due to contradictory rulings across the country

32
Q

What is a moot ?

A

the status of a case in which further legal proceedings would have no impact on one or both parties.

33
Q

What is the writ of certiorari ?

A

“you want me to hear this case ?”

34
Q

Path of a Supreme Court Case

A
  1. decide what case to hear (rule of 4 = 4/9 judges must agree to hear) + writ of certiorari
  2. both sides granted “cert” and submit written briefs
    - others (people not directly
    related to case) can submit
    amicus curiae briefs
  3. oral argument
  4. justices discuss in private
35
Q

What happens if supreme court doesn’t take the case ?

A

lower court decision stands

36
Q

What are the three principal models of judicial decision-making? Explain each

A
  1. Legal model: judicial decisions are primarily determined by the case and the plain meaning of the text from the Constitution
  2. Attitudinal model: determined by the policy goals and ideological agendas of judges.
  3. Strategic model: determined by the policy goals of judges and the various constraints that stand in the way of achieving those goals.
37
Q

What is a concurring opinion?

A

opinion issued by a member of the majority of the Supreme Court that agrees with the decision of the majority but offers alternative legal reasoning.

38
Q

What is a dissenting opinion?

A

opinion issued by a member of the Supreme Court in opposition to the majority, offering legal reasoning for the decision to oppose.

39
Q

American courts toe a difficult line and struggle to balance what ? (3)

A
  • Minority rights with majority rule
  • Judicial restraint with activism
  • Popular sovereignty with the rule of law
40
Q

Courts compared ?

A

selection methods for judges in other countries are less politically influenced, with differences in judicial review powers such as British justices lacking authority to review the constitutionality of acts of Parliament while French and German justices possess similar powers to U.S. justices.

41
Q

Critics’ Caution of courts ?

A

argue against using courts as an alternative legislative system

42
Q

True/False: Judges claim to interpret the law and not make public policy.

A

True

43
Q

Categories of Judges (3) ?

A
  1. Political Ideology: liberal or conservative (influences judicial decisions)
  2. Role of government: : Judges differ in views on the powers of the national government relative to state and local governments.
  3. Restraint vs. Activism: Difference in the degree of judicial deference to other branches.
44
Q

What is Strict Constructionism ?

A

judges should use the intentions of those writing the law or the Constitution as guides for how to interpret the law.

45
Q

What is Discrepancy ?

A

some judges labeled as strict constructionists show activism in overturning precedents.

46
Q

True/False: The judiciary is less politicized than other branches but still deeply political.

A

True

47
Q

Does the Supreme Court follow or lead public opinion ?

A

follow

48
Q

How does Congress try to limit the power of the Supreme Court ?

A

through actions like reducing court budgets or restructuring federal courts in response to unpopular decisions.

49
Q

What happens when Congress “curbs” the courts ?

A

tend to reduce frequency of declaring acts of
Congress unconstitutional.

50
Q

Do federal courts, including the Supreme Court, often defer to the legislative branch and avoid conflicts when Congress reacts negatively to court decisions ?

A

YES

51
Q

Minority groups historically have turned to the federal court to help overturn ??

A

discriminatory laws

52
Q

The more ideological the nominee, the more ______?

A

contentious

53
Q

How do presidents leave a legacy ?

A

Judicial appointments

54
Q

What do George and Epstein say ?

A
  • Legal model
  • Extralegal model (The political pressures and personal preferences of the justices influence their decisions)
  • examine capital punishment cases before the Supreme Court from the 70s to 80s (legal model predicts Court decisions earlier in that period, while extralegal model predicts decisions later in the period)
  • propose an integrated model: informed by both legal and extralegal factors.
55
Q

Courts’ abilities to enforce contracts may create incentives for two parties to uphold an agreement when they otherwise would have preferred to defect. By doing so, courts prevent the contracting parties from facing a/an ____.
A. Principal-agent problem
B. Coordination problem
C. Prisoner’s dilemma
D. Unstable coalitions
E. Collective action problem

A

C. Prisoner’s Dilemma

56
Q

By providing and enforcing an authoritative interpretation of the Constitution and federal laws, the federal courts help resolve ____ that arise when lower-level governments act under different interpretations of the law.
A. Principal-agent problems
B. Coordination problems
C. Prisoner’s dilemma
D. Unstable coalitions
E. Collective action problems

A

B. Coordination problems

57
Q

Effectively, the Court’s decisions in Marbury v. Madison _______.
A. Invalidated the Missouri Compromise, thus freeing most slaves
B. Diminished the Court’s jurisdiction under the Judiciary Act
C. Gave Congress the authority to establish a national bank
D. Gave the Court the power to review the constitutionality of all laws
E. Diminished the Court’s jurisdiction under the Judiciary Act and gave the Court the power to review the constitutionality of all laws.

A

E. Diminished the Court’s jurisdiction under the Judiciary Act and gave the Court the power to review the constitutionality of all laws.

58
Q

Taken together, the set of decisions in Fletcher v. Peck, McCullough v. Maryland and Gibbons v. Ogden ________.
A. Asserted federal court supremacy over state law and state courts
B. Established judicial review
C. Declared slavery unconstitutional
D. Helped democratize the U.S. judicial system
E. Organized the way in which cases reach the U.S. Supreme Court

A

A. Asserted federal court supremacy over state law and state courts

59
Q

Each state has its own hierarchy of courts. At the bottom level is/are _____. In the middle are _____ courts. And at the top of the hierarchy is/are the _____.
A. State trial courts; state appellate; courts of last resort/state supreme court
B. State appellate courts; state trial; court of last resort/state supreme court
C. Court of last resort/state supreme court; state trial; state appellate courts
D. Court of last resort/state supreme court; state appellate; state trial courts
E. State tribunal courts; state appellate; courts of last resort/state supreme court

A

A. State trial courts; state appellate; courts of last resort/state supreme court

GOV (12 decks)

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