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AP Civics & Government > XV - Federal Courts > Flashcards

XV - Federal Courts Flashcards

(65 cards)

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1
Q

judicial review

A

Check the power of other branches of gov’t and or/state gov’t

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2
Q

The foundation for powers of the judicial branch and how its independence checks the power of other institutions is found in

A

Article III of the Constitution

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3
Q

What does Article III state about the judicial branch?

A

The judicial power of the US shall be vested in one Supreme court, and in such inferior courts as Congress may from time to time ordain and establish.

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4
Q

Federalist No.78

A

Written by Hamilton in 1788 to discuss power of an independent judiciary

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5
Q

Marbury v Madison (1803)

A

“established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution”

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6
Q

What are the two basic types of cases?

A

Criminal

Civil

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7
Q

Criminal

A

Gov’t charges somebody with violating the law

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8
Q

Civil

A

dispute between two private parties (individual, organization, group, company)

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9
Q

The only punishment in civil cases is

A

Money

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10
Q

Plaintiff

A

One making the accusation

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11
Q

Who determines the if the plaintiff has standing to sue?

A

Court

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12
Q

Standing to sue

A

Plaintiff is the injured party and is involved

Can’t be represented by someone else

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13
Q

Defendant

A

One being sued or accused

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14
Q

amicus curiae

A

Briefs can be filed by people or groups who are not a party in a case

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15
Q

Goal of amicus curiae

A

Hope to influence the decision

Express POV on an issue

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16
Q

Amicus curiae is Latin for

A

“friend of the court”

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17
Q

Who has the power to create other federal courts?

A

Congress

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18
Q

Layers of federal courts

A

SCOTUS
Circuit Courts of Appeals
US District Court

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19
Q

District Courts

A

Typically the court of original jurisdiction

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20
Q

court of original jurisdiction

A

first court that hears a case

Determine the facts of the case

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21
Q

Court of Appeals/ Circuit Courts

A

Not all appeals will be heard

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22
Q

Appellate courts

A

Preside over cases on appeal from lower court

Do not review the facts of the case

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23
Q

Appellate jurisdiction

A

only review any legal issues

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24
Q

SCOTUS

A

final decision made

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25
federal judicial appointments
Nominated by President & subject to Senate confirmation
26
How does federal judicial appointments relate to presidental power?
Allows President to have an impact well past their terms in office
27
How has divided gov't impact judicial selection?
Made the process very contentious | Interest groups try to influence nomination
28
Senate Judiciary Committee
Holds a tremendous amount of power in Supreme Court confirmation process
29
Supreme Court confirmation process
``` Nomination Vetting First hearing Committee vote Debate on Senate floor filibuster Vote for cloture Final vote Nomination confirmed ```
30
Background of justices
Have historically not been representative of American population
31
Main factor in selecting judicial nominees
Like-minded ideology | Democratic president select individual with liberal leaning
32
Supreme Court
Highest court in land
33
SCOUTS composition
Currently 9 justices (since 1869)
34
Who has the power to change number of justices?
Congress
35
Cases before the SCOTUS
Controls which cases it will hear (usually around 80/ year)
36
Rule of 4
Only 4 SCOTUS justices needed to choose a case to be heard
37
What are the steps to a case?
``` Briefs written by attorneys Amicus curiae briefs Oral arguments Private discussion Decision ```
38
Two sides to SCOTUS decision
Majority opinion | Minority opinion
39
Each opinion has to
have a justice that writes an opinion that provides an explanation of their decision
40
Majority opinion
Most support | Decision takes effect according to law
41
Minority/ dissenting opinion
Legal argument of losing side | May be referenced in future cases
42
Concurring opinion
Justice may agree with outcome but may have a different legal reasoning that majority
43
Precedents & stare decisis
Play an important role in judicial decision making
44
Precedent
Established by majority opinion Legal standard for future cases Lower courts must follow legal ruling
45
SCOTUS is able to
overturn a precedent from prior SCOTUS decision
46
Overturning a precedent example
Brown v BoE (1954) overturned Plessy v Ferguson (1896)
47
Stare decisis is Latin for
"the decision stands"
48
Stare decisis
Principle of respecting precedent -> stability | Precedent should be causally overturned
49
What has lead to SCOTUS easblishing new/ rejecting existing precedent?
Ideological shifts in makeup of SCOTUS
50
John Marshall court
decided Marbury v Madison in 1803 Established judicial review Increase in gov't power
51
New Deal policies
Ruled unconstitutional by conservative court
52
FDR's court-packing plan
Called for increase in number of justices on Supreme Court | Rejected by Congress
53
Warren Court (1953-1969)
Dramatic increase in individual rights/ civil liberties
54
Burger Court
Moved court in a more conservative direction
55
SCOTUS since 1980
Tilts conservative
56
Basis of decision
Justices often disagree on how to interpret Constitution
57
Originalism
Belief the court should interpret the Constitution as it was originally written
58
Living Constitution
Belief the words in Constitution must be understood within the context of times & they have a dynamic meaning
59
SCOTUS implementng decisions
Can't implement decisions | Upheld by executive branch
60
Decisions
may or may not be enforced by gov't
61
Example of SCOTUS decision not enforced
Most of South refused to integrate after Brown v BoE
62
How has unpopular or controversial decisions impact Court's legitimacy & power?
Led to questions about Court's legitimacy & power
63
Judicial restraint
defer to democratically elected legislatures
64
Judicial activism
Courts should play a large role in protecting the rights of minority
65
Restriction on SCOTUS
``` Congressional legislation to change impact of decisions Constitutional amendments Judicial appointments & confirmations President & states ignoring decisions Legislation impacting court jurisdiction ```

AP Civics & Government (36 decks)

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