judicial concept Flashcards
(27 cards)
Define judicial activism
Judicial activism refers to judicial rulings that are suspected of being based on personal or political considerations rather than existing law.
Describe the relationship between the Supreme Court and public opinion
The Supreme Court’s decisions can be influenced by public opinion, but it also operates independently, sometimes making rulings that go against prevailing public sentiments.
Note the Supreme Court’s actions in disputes between the POTUS & Congress
The Supreme Court often acts as an arbiter in disputes between the President and Congress, interpreting the Constitution and federal laws.
Describe how the Court accepts a case; emphasis on Rule of 4 & discretion
The Court accepts a case through the Rule of 4, where at least four justices must agree to hear a case, demonstrating discretion in selecting cases.
Identify and describe the process by which a person becomes a judge according to the Constitution
A person becomes a judge through presidential appointment and Senate confirmation, as outlined in the Constitution.
Identify and describe judicial restraint
Judicial restraint is a legal philosophy that encourages judges to limit the exercise of their own power, avoiding overturning laws or precedents unless necessary.
Explain why the Framers believed that tenure for SCOTUS Justices were for life terms subject to good behavior
The Framers believed life tenure for SCOTUS Justices would ensure independence from political pressures and allow justices to make decisions based on the law rather than political considerations.
What is the most important source of the Supreme Court’s case load?
The most important source of the Supreme Court’s case load comes from appeals from lower federal courts and state supreme courts.
Identify the way the POTUS has had the most success in changing the direction of decisions of the Judicial Branch
The President has had the most success in changing the direction of the Judicial Branch by appointing justices who align with their political ideology.
Describe the appeal process and identify what happens to most cases when they are appealed to the Supreme Court
Most cases appealed to the Supreme Court are not heard; the Court accepts a limited number of cases, often denying certiorari.
Define amicus curiae briefs and describe why they are submitted to the Court
Amicus curiae briefs are documents submitted by non-litigants to provide additional information or arguments to the Court, aiming to influence its decision.
Describe why most Supreme Court Justices have political experience before their appointment to the Court
Most Supreme Court Justices have political experience to ensure they have a deep understanding of the law and the political landscape.
Identify and describe due process and judicial review
Due process is the legal requirement that the state must respect all legal rights owed to a person; judicial review is the power of courts to assess whether a law is in compliance with the Constitution.
Identify the cases where the Supreme Court has original jurisdiction
The Supreme Court has original jurisdiction in cases involving ambassadors, public ministers, and those in which a state is a party.
What is the relationship between federal and state judiciaries?
Federal and state judiciaries operate independently but can intersect, particularly in cases involving federal law or constitutional issues.
Describe the difference between criminal and civil law
Criminal law deals with offenses against the state or public, while civil law deals with disputes between private parties.
Describe the federal court system
The federal court system consists of district courts, circuit courts of appeal, and the Supreme Court, with jurisdiction over federal law and constitutional issues.
Identify who has the authority to create new courts
Congress has the authority to create new federal courts.
Identify Marbury v. Madison
Marbury v. Madison established the principle of judicial review, allowing the Supreme Court to invalidate laws that conflict with the Constitution.
Describe the relationship between the Supreme Court and the types of cases it hears
The Supreme Court hears cases that involve significant constitutional questions, federal laws, or issues of national importance.
Why can the federal courts make public policy?
Federal courts can make public policy through their rulings, particularly when interpreting the Constitution and federal laws.
Describe the types of political pressure which may affect the Supreme Court’s decisions
Political pressure may come from public opinion, interest groups, and the executive or legislative branches.
How are cases heard in courts of appeal different than those heard in district courts?
Cases in courts of appeal are typically heard by a panel of judges reviewing the application of law, rather than a jury evaluating facts.
Identify the criticism of judicial review
Criticism of judicial review includes concerns about judicial overreach and the undemocratic nature of unelected judges making significant policy decisions.
