Supreme Court Flashcards

(56 cards)

1
Q

amicus curiae

A

friend of the court; help case don’t directly influence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

civil law

A

private disputes between groups; provide order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

criminal law

A

crimes against public order; contractual relationship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

common law

A

decisions made by things that have previously happened; precedent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

constitutional court

A

high court dealing with constitutional laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

judicial activism

A

broad interpretation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

judicial restraint

A

strict adherence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Mapp v Ohio; activism or restraint?

A

evidence acquired illegally; activism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Marshall

A

first significant; change; made equal to other branches; one opinion(majority)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Important case under Marshall

A

Marbury v Madison; judicial review

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Toney

A

Dred Scott; Habeus Corpus; Civil War; power of president in crisis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Warren

A

judicial activism; expand rights w/ broad interpretation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Important Warren Case

A

Mapp v Ohio

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Rehnquist

A

conservative activism; over turning precedent in case of conservative values

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Roberts

A

current- gay marriage- abortion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Original Jurisdiction

A

court that hears case first

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Appellate Jurisdiction

A

appeal based on procedure or mistake; not bc you don’t like the decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Discretionary Appellate

A

only sup crt; pick and choose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Special Court

A

powers of congress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

stare decisis

A

precedent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Writ of cerritori

A

officially putting it on a docket; takes a while

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Rule of 4

A

majority vote to get on docket

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

litmus test

A

philosophy of judge; activist/restraint

24
Q

court packing

A

used by Roosevelt to add more judges to tip favor

25
Ex post facto
can't be guilty if crime was committed while legal
26
In forma pauperis
wave fees for a case; Gideon v Wainwright(provide attorney)
27
political question
used to avoid deciding some cases; conflict between congress and president
28
writ of mandamus
gov body says you have to do worthing but doesn't enforce it
29
Article 3-number of courts
only calls for 1
30
Structure of Judicial
pyramid- start at bottom/lower courts- tip/supreme
31
Judiciary Act of 1789
dual court; 2 courts/pyramids- one fed one state; both end with supreme court
32
Nomination of Judges
appointed by president approved by senate
33
Senatorial Courtesy
ask senator in same state about who is the best-saves time- ask with aligned party
34
Requirements(formal)
none
35
Requirements(informal)
confirmed(pass thru senate)-demographics; same side; age(not old); judge; no scandal
36
vetting
background check before employment
37
Tradition of SCOTUS
important; who has been there the longest
38
Federalist 51
checks and balance; operation of powers
39
Judicatory Act of 1925
justices can determine court load; cerritori
40
Process(1-10)
1. Petition 2. Discussion List 3. Rule of 4 4. writ of cerritori 5. Briefs 6. oral arguments 7. Conference 8. vote(tentative) 9. opinions 10. final decision
41
petition
don't read every petition; split the work
42
discussion list
why I picked and why we should move forward
43
briefs
lawyers give case; based on precinct
44
oral arguments
2 weeks on 2 off; timed;
45
conference
closed; business not personal; chief justice speaks first to address key points- seniority follows
46
tentative vote
decide who writes opinions- senior member of majority unless chief justice is
47
opinions
one writes for majority; sends to others for editing; goal is to get signature
48
final decision
signature is final vote
49
concurring
same side different reasons
50
descending
each write for there side; who ever gets most votes; can both be cited in the future
51
Role of Jury
peers make judgment; fair; could argue wasn't fair and that weren't my peers
52
Grand Jury
6-23; prosecutor lays case; judge determines result
53
Petit Trial
6-12; both present evidence; determine guiltiness
54
soliciter general
appellate court litigation of federal gov; 3rd
55
Attorney General
head attorney for gov; 2nd
56
originalism
constitution interpreted without original meaning