Pt 2: Chapter 14 Notes Flashcards Preview

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