The Judiciary Flashcards

0
Q

Amicus curiae

A

A brief issued by a “friend of the court” to help the defendant’s case. Typically from an expert.

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1
Q

Adversarial system

A

A judicial system in which the court if law is a neutral arena where two parties argue their differences.

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2
Q

Appellate jurisdiction

A

The authority of a court to review decisions made by lower courts

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3
Q

Litmus test

A

President finds views of appointee and if they have the same views, they’re considered, if not they’re cut out. Only used by some presidents.

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4
Q

Patronage

A

Support that one bestows to another.

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5
Q

Article lll

A

Establishes the judicial branch of the government.

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6
Q

Case load of the Supreme Court

A

See about 100 cases a year, reject most cases.

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7
Q

Checks by executive branch

A

President appoints Supreme Court and other federal judges

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8
Q

Checks on court by legislative branches

A

Creates lower courts, may remove judges through impeachment, senate approves appointments of judges

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9
Q

Criminal law

A

Crime against the public order (usually for jail time).

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10
Q

Civil law

A

Deals with relations between individuals (usually for money).

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11
Q

Class action suits

A

Multiple people sue one person for the same thing.

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12
Q

Dissenting

A

The minority (disagree with the opinion of the majority)

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13
Q

Concurring

A

The majority opinion

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14
Q

Unanimous

A

Everyone agrees

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15
Q

Original jurisdiction

A

The power to hear a case for the first time

16
Q

Defendant

A

The person being accused

17
Q

Plaintiff

A

The instigator/ accuser

18
Q

Plea bargain

A

The defendant agrees to plead guilty to a lesser offense to avoid having to stand a trial for a more serious offense.

19
Q

Original intent

A

Judges should only use the exact words of the original text to make decisions.

20
Q

Precedent

A

All future cases that are similar will generally align with a decision.

21
Q

Criteria for hearing a case

A

Disagreement of lower courts, a state suing another state.

22
Q

Rule of four

A

Four justices must want to hear a case

23
Q

Senatorial courtesy

A

President submits the names of possible appointees for approval to senators from the states in which the appointees work.

24
Q

Court packing plan

A

President packs a court with judges of their ideology to get things passed in his favor.

25
Q

Earl Warren Court

A

Activist court. Brown v. Board, Miranda, Mapp v. Ohio

26
Q

Grand jury

A

Decides whether there is enough evidence to warrant a trial.

27
Q

Petit jury

A

Determines guild or innocence in a case

28
Q

Dual court system

A

Distinction of state and federal courts that make up judicial branch.

29
Q

John Marshall

A

Precedents relating to the power of the SC decisions. Madison (judicial review), McCulluch (supremacy clause), Gibbons (interstate commerce).

30
Q

Habeas corpus

A

Must explain to a judge why a prisoner is being held in custody

31
Q

Stare decisis

A

Judges must abide by previous decisions if their own courts and rulings of superior courts.