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judicial quiz Flashcards

(65 cards)

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1
Q

what trend is there when president’s choose their nominee

A

they do it based on their ideology and party

democrats = more liberal and diverse
republican = more conservative and strict

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2
Q

most common background for judicial nominees

A

working as lawyer, in judicial system

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3
Q

9 justices in the Court

A

Barrett
kavanaugh
brown-jackson
Thomas
alito
Kagan
Roberts
Sotomayor
Gorsuch

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4
Q

religion of court members

A

1 Jewish, 6 catholics, 2 protestants

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5
Q

do courts decide more cases 5 to 4 or 9 to 0

A

9 to 0
media makes it seem more like 5 to 4

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6
Q

how many cases appealed to the Supreme Court each year

A

6000-8000

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7
Q

what percent are accepted for the cases to the Supreme Court

A

1%

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8
Q

When the Supreme Court decides not to hear a case (denies certiorari) it is saying that it agrees with the lower court’s opinion and that the lower court decision should become a precedent.

A

False
it should be handled with lower courts and with appellate

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9
Q

do Supreme Courts accept cases more from federal or state cases?

A

federal courts
federal laws trumps state laws
constitutional subjects

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10
Q

when do cases go to Supreme Court

A

when the appellate courts disagree

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11
Q

which justice didn’t have any prior judicial experience before joining Supreme Court

A

Kagan
worked as top lawyer under Obama

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12
Q

A vacancy on the Supreme Court has occurred about once every two years, so a president will probably have at least one appointment during his term.

A

true

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13
Q

The current justices get to vote on who will fill a vacancy.

A

false

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14
Q

The appointment to Chief Justice automatically goes to the senior most justice on the court.

A

false
president can pick among other 8 or president can nominate new person chief judge and chief justice

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15
Q

Supreme Court nominees always have previous judicial experience.

A

false

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16
Q

Justice Sandra Day O’Connor was the first woman to serve on the Supreme Court.

A

true

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17
Q

Justices are obligated to rule according to the ideology of the president who appointed them.

A

false

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18
Q

There was a former president who also served as Chief Justice of the United States.

A

true
William Taft

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19
Q

The president has final word on whether a nominee will be confirmed.

A

false

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20
Q

Today geographical balance (where a nominee is from) is also important when selecting a nominee.

A

false

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21
Q

You meet the Constitutional requirements for a Supreme Court justice.

A

true

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22
Q

life tenture is supported by

A

good behavior of the judges

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23
Q

3 main parts of Fed 78

A

independent judiciary
life tenure
judicial review

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24
Q

can the judicial branch enforce their own rulings?

A

no

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25
which court case establish judicial review
marybury v madison
26
two types of cases
criminal law civil law
27
criminal law
the government charges an individual with violating one or more specific laws
28
civil laws
the court resolves a dispute between two parties and defines the relationship between them
29
litigants
engage in legal proceeding
30
plaintiff
the party bringing the charge and have standing to sue
31
defendant
the party being charged
32
jury
the people (12) who often decide the outcome of case
33
standing to sue
plaintiffs have a serious interest in the case
34
judiciable disputes
a case must be capable of being settled as a matter of law
35
class action lawsuits
exception where a large group of people who've been wronged hire someone to sue for them
36
dual court system - state
local court then state appeals court then state supreme court then US Supreme court
37
dual court system - national
federal district court then federal appeals court then US Supreme Court
38
how many district courts
94 hear federal crimes and civil suits under federal law and across state laws doesn't do appeals
39
original jurisdiction
courts that hear the case first and determines the facts - the trial court
40
how many circuit courts of appeals
12 13th is in DC - federal court holds no trial and hear no testimoney reviews and enforces independent regulatory orders
41
which cases does the supreme court have original jurisdiction over
between the US and a state between two or more states between one state and citizens of other state between a state and a foreign country
42
how to be a judge
FBI conducts background check on nominee interest groups lobby for and against certain nominations must go through judiciary committee (holds hearings, grills on their philosophy, dissects their past)
43
how is chief justice chosen
from a sitting justice or a new member
44
judicial restraint
strict constructionist judges should play a minimal policymaking role leave the policies to the legislative and avoid sweeping, precedent setting opinions
45
judicial activism
loose constructionist judges should make bold policy decisions and even charting new constitutional ground protect minorities who are politically weak
46
judicial review
the power of the court to rule on the constitutionality of laws, acts, statutes, executive orders
47
who is chief justice
John Roberts
48
what do justices rely heavily on
law clerk briefs to make decision of which case to hear
49
rule of 4
4 justices agree to hear a case prevents tyranny of majority
50
write of certiorari
after the rule of 4 supreme court tells lower courts to send them all the records they review all the information for case
51
how long does each side get
30 minutes
52
paid petitions
best way to let a case be considered by supreme court $300 filing fee 20% of petitions 3-4% granted
53
in forma pauperis
litigants who can't pay fee (prisoners) 80% of petitions 0.2% granted
54
ranking of petitions heard
US government corporations states organized groups individuals
55
cert pool (in pool)
all justices but alito 32 law clerks read 8000 petitions total each clerk reads and writes a memo on 250 per year
56
cert pool (not in pool)
alito 4 law clerks read 8000 petitions total with each clerk reading 2000
57
advanatages of pool
saves time consideration of each petition shares to others to mark up and give input
58
disadvanatages of pool
reduces independence if 8 justices are relying on one writer for each memo clerks are a year out of law school (too much responsibility)
59
dissenting opinion
minority opinion disagree with the opinion written
60
concurring opinion
justices who agree with the majority opinion but for different reasons
61
majority opinion
opinion of the court reasoning and decision of case
62
unanimous opinion
all judges agree
63
stare decisis
to let the previous decisions stand unchaged follow precedent
64
advanatages of stare decisis
don't uproot what's been done make laws and decisions predictable make decisions easier
65
disadvanatages of stare decisis
time changes why let the judges decide (they aren't even elected)

ap gov (21 decks)

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