Final Exam Flashcards
(240 cards)
What is a judicial decision that establishes a rule for settling subsequent cases of a similar nature called?
Precedent
A key aspect of stare decisis, which means ‘to stand by things decided’.
What is a concurring opinion?
An agreement with the majority opinion but differing in rationale.
What do federal district courts do?
Review federal cases and use juries.
What do the U.S. Courts of Appeals do?
Hear appeals from lower courts without investigating the facts.
What is federalism in the context of the U.S. court system?
A division of authority between federal and state governments.
How many U.S. Courts of Appeals are there?
13.
What is senatorial courtesy?
A tradition where nominations to federal office can be objected to by an individual senator.
What does judicial review allow the judiciary to do?
Declare government actions unconstitutional.
What is an amicus curiae brief?
A document from a non-party offering information or insight on a case.
What typically causes major shifts in the Supreme Court’s positions?
Turnover in the Court’s membership.
What is the doctrine of judicial restraint?
Judiciary should avoid overturning actions of other branches.
What is the doctrine of judicial activism?
Judiciary should protect individual rights and ensure equal protection.
What defines criminal law as distinct from civil law?
It defines a relationship involving offenses against the state.
What is the lowest level of the federal court system?
District courts.
What landmark case established the Supreme Court’s power to determine constitutionality?
Marbury v. Madison.
What percentage of cases heard by federal appeals courts are later reviewed by the Supreme Court?
10%.
When are presidents most successful in getting Congress to enact their programs?
During their first years in office.
What does the Office of Management and Budget do?
Oversees federal budget preparation and evaluates agency effectiveness.
What is the role of the White House Office?
Houses the executive office of the President and serves as the President’s residence.
What is the purpose of the National Security Council (NSC)?
To advise the president on national security and foreign policy matters.
What is the Cabinet of the United States?
The principal official advisory body to the president.
Which article of the U.S. Constitution created the presidency?
Article II.
What is the unitary executive theory?
The President has sole authority over the executive branch.
What does the War Powers Resolution require of the president?
Notify Congress within 48 hours of military action and limits deployment without authorization.