The Judicial Branch Flashcards

(46 cards)

1
Q

judicial review

A

power to decide constitutionality of an act of government

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2
Q

writ of certiorari

A

orders lower court to send case records up for review

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3
Q

certificate

A

process used when lower court is unclear of procedure or applicable law in this case

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4
Q

federalism

A

division of power between supreme court and its subdivisions

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5
Q

judicial restraint

A

judges follow what the constitution says

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6
Q

judicial activism

A

judges follow what they think the authors of the constitution meant

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7
Q

rule of 4

A

4 judges must agree to bring up a case to the supreme court

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8
Q

precedent

A

to follow guidelines on consistency

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9
Q

briefs

A

homework for lawyers/ detailed written statements

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10
Q

solicitor general

A

person who defends the United States in court

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11
Q

conferences

A

justices have conferences on fridays where they discuss cases and vote

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12
Q

sedition

A

attempt to overthrow the government

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13
Q

seditious speech

A

the advocating of attempting to overthrow the government

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14
Q

slander

A

false and malicious use of spoken words

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15
Q

libel

A

false and malicious use of printed words

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16
Q

symbolic speech

A

non-vocal free speech

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17
Q

clear and present danger

A

free speech is not protected if the government has the understanding that you will disrupt peace

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18
Q

who said “freedom of speech is for unpopular speech”

A

oliver wendell holmes (past supreme court justice)

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19
Q

who is john marshall

A

chief justice in marbury v madison case

20
Q

establishment cause

A

1st amendment prohibits the establishment of a religion

21
Q

free exercise clause

A

1st amendment prohibits any arbitrary interference by government with “the free exercise thereof”

22
Q

parochial

A

church related

23
Q

public forum

A

places traditionally open to free speech

24
Q

time place manner

A

ways in which free speech is limited

25
lemon test
1. secular purpose 2. neither advance nor inhibit 3. excessive entanglement
26
picketing
the patrolling of business site workers
27
majority opinion
agrees with majority
28
concurring opinion
agrees with majority but for different reasons
29
dissenting opinion
disagrees with majority
30
exclusive jurisdiction
one court gets to hear a case
31
concurrent jurisdiction
two courts get to hear a case
32
appellate court
the next court up the chain
33
original court
the first and lowest court on the chain
34
name the supreme court justices
1. Ketanji Brown Jackson - Biden - 2022 2. Amy Coney Barrett - Trump - 2020 3. Brett Kavanaugh - Trump - 2018 4. Neal Gorsuch - Trump - 2017 5. Elena Kagan - Obama - 2010 6. Sonia Sotomayer - Obama - 2009 7. Samuel Alito - Bush the Younger - 2006 8. John Roberts - Bush the Younger - 2005 (Chief Justice) 9. Clarence Thomas - Bush the Elder - 1991
35
marbury v madison 1803
madison signed appointment papers just before his term ended and hadnt mailed them out so we dont know if they are official yet and marbury wanted his job (marbury)
36
zobel v williams
alaska was sending out checks with extra money and they gave you more money the longer you stayed and zobels got mad and said it violated the 14th amendment (zobel)
37
texas v johnson
johnson burned a flag in protest and texas didnt like it and johnson said it was protected by the 1st amendment
38
tinker v des moines
students wore black armbands to protest the vietnam war and principal didnt want a fight to break out and said if you wore those to school youd get suspended and they did and got suspended but no fights broke out so they sued for violating the first amendment (tinker)
39
hazlewood v kuhlmeier
there was two articles in a student newspaper about teen pregnancy and divorce and the principal didnt like it so he took it out of the newspaper and they sued but the principal said it is up to him its his school (kuhlmeier)
40
lemon v kurtzman
government paid private school teachers in rhode island (95% catholic schools) to teach certain classes and lemon got mad and
41
pittsburgh v aclu
gov. puts christmas decor on courthouse and nearby school and aclu gets mad and sues cuz it violates lemon test
42
satanic temple v arkansas
ten commandments monument is built and then satanic temple wants a monument (neither, they took down the ten commandments and didnt put anything up)
43
engel v vitale
public school wants to do daily prayer and engel gets mad so he sues cuz its a public school (engel)
44
lee v weisman
public school does prayers and invites a christian reverend for speech and other religions get mad and sue
45
wisconsin v yoder
amish dont want their kids to go to school but you have to til 12th grade (neither, they still have to go but only until 8th grade)
46