Judiciary Test Flashcards

(44 cards)

0
Q

How was judicial review established?

A

Marburg v. Madison

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1
Q

Allows courts to rule on the constitutionality of laws and actions

A

Judicial review

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2
Q

Why do Americans rely so heavily on courts?

A

To resolve political questions

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3
Q

Most American law is based on

A

English common law

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4
Q

Deciding new cases with reference to former decisions

A

Precedent

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5
Q

The ongoing tradition of letting a case stand and using it for the basis for other rulings

A

Stare decisis

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6
Q

What are the main sources of American law?

A

Federal/ state constitutions, statutes, and administrative law

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7
Q

Judicial interpretations of common law principles, interpretations of constitution, statutory and administrative law

A

Case law

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8
Q

The dual court system is

A

State and federal courts

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9
Q

The federal court derives it power from

A

Jurisdiction

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10
Q

The federal courts power is given to them in

A

Article 3 of the constitution

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11
Q

When a case involves to people from different countries or different states

A

Diversity of citizenship

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12
Q

Cases are heard for the first time

A

Trial courts

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13
Q

Trials are reheard for an appeal

A

Appellate courts

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14
Q

Are federal courts located in every state?

A

Yes

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15
Q

When can a Supreme Court rehear cases?

A

If a federal question is involved

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16
Q

A document trying to sway the court in one way because an interest group has an interest in the ruling

A

Amicus Curia brief

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17
Q

Hears a broad range of cases

A

General jurisdiction

18
Q

Tried cases only involving certain types of claims

A

Limited jurisdiction

19
Q

Issued when the Supreme Court decides to grant a petition for review, it orders lower courts to send a record of the case

A

Writ of certiorari

20
Q

The ruling with the reasons for ruling

A

Opinion of the court

21
Q

All justices agree on a ruling

A

Unanimous opinion

22
Q

Outlines the views on a case that the majority of the judges agree with

A

Majority opinion

23
Q

A justice wants to point out specific points involving a case

A

Concurring opinion

24
Written when a judge disagreed with the majority
Dissenting opinion
25
To send a case back to the court the originally held it
Remand
26
To state a ruling is valid and must stand
Affirm
27
Attorneys present reasons why the judges should real in their favor at an appellate court
Oral argument
28
A tradition allowing a senator to veto a judicial appointment in his or her state
Senatorial courtesy
29
Regarding senatorial courtesy in the 21st century republicans
No longer allowed senatorial courtesy
30
Demographics of the Supreme Court
Previously judges, Protestant, college graduates, 51-60, white males
31
What percentage of Supreme Court nominations have been rejected or not acted on?
20%
32
The first female Supreme Court judge
Sandra Day O'Connor
33
Was O'Connor a conservative?
At first but she changed after being in office for a while
34
A female judge that was supposed to replace O'Connor was declined her appointment. When she was deemed inadequate
Harriet Miers
35
The federal judiciary should make changes and check the actions of the rest of the government
Judicial activism
36
The idea that rulings should be made based on how the founders viewed things when writing the constitution
Strict construction
37
What current judge is a strict constructionist?
Antonio Scalia
38
Who are the current judges?
Antonio Scalia, Stephen Breyer, Ruth Bader Ginsburg, Anthony Kennedy, Clarence Thomas, Sonia Sotomayor, Elena Kagan, Samuel Alito, John Roberts
39
What did the supermen court do in the election of 2000?
Stop the recount
40
Interpret the constitution in regards to today
Broad construction
41
Courts should defer to the decisions made by representatives elected by the people
Judicial restraint
42
How does the president change the sway of the Supreme Court?
By appointing judges
43
What can congress do when it disagrees with the Supreme Courts ruling?
Deny funds, pass legislation, amend the constitution