Pt 2: Chapter 14 Notes Flashcards Preview

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Flashcards in Pt 2: Chapter 14 Notes Deck (56):
1

- Precedent
- Facts and application
- "Stories"

Common law

2

- Facts = application
- Same facts = same application

Code law

3

Our system is built on the side of who?

Defense

4

These are put into place via different mechanisms that are put into place by the state

Judges

5

Trial jury --> innocent or guilty, they hear the case

Petit jurors

6

These decide if there is enough evidence to even warrant a trail

Grand jurors

7

The SCOTUS has 2 kinds of jurisdiction which are?

- Original jurisdiction
- Appellate jurisdiction

8

The authority to be the first court to hear a case.

Original jurisdiction

9

The authority to review cases that have already been heard in lower courts and are appealed to a higher court by the losing party.

Appellate jurisdiction

10

A request to the lower court to submit to the Supreme Court a record of the case.

Writ of certiorari

11

Which kind of jurisdiction does the SC not do often? When it does do this whats it usually concerning?

Original jurisdiction
- Foreign diplomats and the cases where opposing parties are state governments

12

This one is more common, appeals and how common law was applied by the lower court

Appellate jurisdiction

13

When a majority of the justices agree on the legal basis of a decision, the result is a

majority opinion

14

Where there is no majority opinion although a majority of the justices agree on the decision, they disagree on the legal basis for it, they issue a

plurality opinion

15

A separate view written by a justice who votes with the majority but disagrees with all or part of its reasoning

Concurring opinion

16

A justice (or justices) on the losing side explains the reasons for disagreeing with the majority position

Dissenting opinion

17

How many cases does the SC hear every year?

75-80 cases out of 10,000s, very selective

18

How many SC justices have to vote on a case so the SC will hear it (grant it a writ of certiorai)

4 out of 9

19

What is one of the most important SCOTUS powers?

Judicial review

20

How often does judicial review get applied?

Not very often

21

Over the last 80 years, how many of the most conservative judges ever are on the SC now?

4/5

22

Which SC justices side with the left?

- Ginsburg
- Breyer
- Sotomayor
- Kagan

23

Which SC justices lean to the right?

- Thomas
- Scalia
- Roberts
- Alito

24

Which SC justice goes back and forth and is the deciding vote

Kennedy

25

Do judges make law?

Yes. They don't enact but they make and review law. Their decisions are ones lower courts must follows

26

What are other federal courts?

- US district courts
- US courts of appeals
- Special US courts

27

That state courts?

- Political appointment
- Elected judges
- Merit- plan judges

28

What are the most common form of state court judges?

Most common form

29

Who do all of the lower courts answer to?

SCOTUS

30

What courts does Congress regulate?

US court of appeals, US district courts, Special federal courts

31

How many US district courts are there?

94 of them

32

How many US district courts are there under the US court of appeals?

94

33

Most appeals are heard by who?

A different panel of 3 judges

34

The state system is set up like

In a way to parallel the federal system

35

How many US court of appeals are there? How are they divided?

13 circuits ---
11: designed to oversee 94 district courts in regions
2: govern special cases

36

Who nominates SC justices?

President nominates those with compatible political philosophy

37

What happens after the president nominates a SC justice

Has to be confirmed by the Senate

38

Nearly all recent appointees are from

Appellate courts

39

Lower court nominees are selected by who but includes what tradition?

President typically selects members of the same party
- Senatorial courtesy

40

What is Senatorial courtesy?

A tradition that holds that a senator from the state in which a vacancy has arisen should be consulted on the choice of a district court nominee if the senator can request that confirmation be denied.

41

What are the personal backgrounds of judicial appointees?

Most are white men, but diversify has increased in recent years

42

What are the legal influences on judicial decisions?

- the facts of the case
- three main sources of law

43

What are the 3 main sources of law?

- The Constitution
- Legislative statues
- Legal precedents

44

One of the major political influences on judicial decisions is what?

Judges' political beliefs. Justices vote in line with their political attitudes. Not all issues are clear-cut

45

Does the court rely on public decisions?

Yes. The courts cannot move too far from public opinion

46

What kind of influence can interest groups have on judicial decision making

The can file amicus curiae briefs to make their positions know on court cases and file lawsuits to advance their policy goals

47

What is amicus curiae

"Friends of the court"

48

What is stara decisis??

That which has been decided will stand. If the court has already filed a standing they will keep it

49

What is the biggest opportunity to influence the courts with the president and Congress?

Judicial appointments

50

How do elected officials have a way to influence the courts?

Congress can rewrite legislation that it feels the judiciary has misinterpreted

51

Determine and preserve founders' intent

Originalism

52

Adaptable to changing circumstances and challenges

Living constitution

53

Is the SC a political body?

Yes. Complicated questions they're asked to resolve, political ideology affects how they address the questions

54

This holds that the judges should abide by precedent and legislation

Judicial restraint

55

This holds that the judges should interpret the Constitution and statues in light of established principles when elected officials fail to do so

Judicial activism

56

Which idea is fairly new, originalism or living constitution

Originalism