American government chapter 15 Flashcards

1
Q

The nature of the America judicial is an __________ one

A

Adverserial

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2
Q

There are 2 basic types of cases: ______cases and _______-. In _____cases, the GV charges and prosecutes individuals charged with violating laws. In ________ cases a dispute between two parties is resolved and their relationship is define

A

criminal laws

civil laws

criminal law

civil law

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3
Q

Every case is a dispute between a __________ and a_______. The former brings a charge against the latter. The case is decided by a ———-, which is a group of citizen(usually12) , responsible for determining the outcome of the lawsuit

A

Plaintif

defendent

jury

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4
Q

plaintifs must have ____________to sue. to have______, one must have a serious interest in the case. This means they have obtained or are about to obtain a direct and substantial injury from another party or the government

A

Standing

Justiable dispute

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5
Q

Law is one of the nation’s fastest growing professions. The US had__-_ lawyers in 1960 but has about _______today. As a result more people have access to the courts but not all people have equal representation. Wealthy people can retain better lawyers and commit more legal resources to their cause.

A

Fewer

1 million

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6
Q

There are ______districts courts, at least one in each state . Trials and procedings for federal crimes and civil suits under federal law and are held in ________. These courts also supervise bankruptcy proceedings and supervise naturalization of aliens among other things.____of all criminal cases are handled in state and local courts. Along with most civil suits

A

91

district court

98%

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7
Q

In addition to judges, each of the 91 district courts has_____________which issues warrants for arrest, decides whether a grand jury is required and sets bail.__________to protect the judicial process and serve writs issued by the senate who, along with his staff, prosecutes violations of federal law and represents the US gov.

A

Federal magistrate

US marshall

US attorney

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8
Q

Everyone has a right of appeal to a higher court. The ____________are empowered to review all final decisions of the district courts. The US is divided into ____circuits with each circuit having between 6 and 28 judges which serve on the court of Appeals. Each circuitserves at least____states and each court normally hears cases with panels of __judges . Decisions are either made by agreement or vote of a majority of the judges

A

Court of appeal

12

2

3

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9
Q

The Supreme court has ________ associate justices and _chief justice. Unlike other federal courts, the supreme court decided which cases it will hear

A

8

1

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10
Q

Federal judges and supreme court justices are appointed for life and can only be removed by conviction of impeachment. True or false.

A

True

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11
Q

The President’s have failed 20% of the time to appoint nominees of their choice to the supreme court. There is less scrutiny over presidential appointment to the court of appeal and still less scrutiny for appointments to the district court. true or false.

A

True

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12
Q

The judges serving on federal courts are not representing of the American peopl. They are all________ and mostly__________. Jimmy Carter appointed 40 women, 37 African Americans and 16 Hispanics, more than all previous presidents combined. All but_ nominated supreme court justices have been white males

A

Lawyers

white males

6

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13
Q

_______is another important influence on the selection of justices and judges. Presidents mostly nominate justices who are members for the same political party. Presidents try and pack the courts with judges and justices who share their political views. In this way, Presidents hope more of their policy objectives will prevail in judicial decision making

A

partisenship or Politics

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14
Q

Approximately_________cases are submitted to the Supreme Court every year for review__- are denied and a 100 cases are heard. If 4 or more justices agree to hear the case, a _______ is issued and the case is put on a docket

A

8.000

99%

Ruke of four

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15
Q

Once the Supreme Court reaches a decision in a case, an ___ is written by the court. At least _____justices must participate in a case and the majority vote decides the case. Justices who disagree can write a ________ and those who agree with the majority but for different reasons can write a______

A

opinion

6

dissenting

concurring

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16
Q

All courts rely on legal precedent in rendering their decisions. this is the the principal of_____, meaning that an ealier decison should hold for th ecase being considered. the Supreme Court can however over rule its own precedents as well as the decisions of of other lower courts. When precedents are unclear, policy preferences of the justices matter and can effect decision making

A

Stake decisis

17
Q

______________refers to how and whether court decisions are translated into actual policy. there is often a long period of time before a ruling in a court case is actually implemented(eg, desegregation cases)

A

JUDICIAL IMPLEMENTATTION

18
Q

Due to the unrepresentative nature of judges in this country, many scholars favor ____________, urging judges to adhere closely to precedent and to play a minimal policy making role, leaving policy making decisions to the legislative. Because federal judges are not eleceted they the least qualified to make policy

A

Judicial restraint

19
Q

__________On the other hand adovacate Bold policy making decisions by judges claiming that the judiciary can alleviate pressing needs more quickly than the legislative which is a much longer process.

A

Judicial Activism

20
Q

Courts try and avoid deciding________. which are cases that involve conflicts between the president and congress

A

Political questions

21
Q
A