Bueracracy Flashcards

0
Q

Restraint

A

Judges should decide cases based strictly on the basis of constitutional language (strict constructionists)

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1
Q

What is judicial review?

A

Federal courts weapon in system of checks and balances (maybury vs. Madison)

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2
Q

Activism

A

Judges should discern from the general principles underlying law / constitution and apply to modern circumstances

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3
Q

Created judicial review, implied powers and supremacy clause

A

Marbury vs. Madison 1803

Mccullock vs. Maryland 1819

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4
Q

Jurisdiction

A

Worcester v. Georgia 1832

States do not have criminal jurisdiction in Indian territory

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5
Q

No standing slaves are property Taney court

A

Dred Scott v. Sanford 1857

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6
Q

Constitutional court

A

Courts where they are protected by the constitution

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7
Q

Legislative court

A

Set up by congress for specific reason (military tax intl. claims)

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8
Q

Selecting judges

A

Party background does make a difference

In how judges behave

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9
Q

Liberal decision

A

Favor civil rights govt. Regulation

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10
Q

Conservative decision

A

Opposes regulation favors states govt

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11
Q

Litmus test

A

Examination of party ideology of nominated judge and approval of interst groups and thank tanks

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12
Q

Dual court system

A

State and federal

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13
Q

Federal

A

Whole country issues

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14
Q

State

A

State issues sometimes tried in both courts example. Rodney king case 1992

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15
Q

Marshall court

A

Martin v. Hunters lesse 1816

16
Q

Warren court

A

Gideon v wainwrite

17
Q

Writ of certiorari

A

Order by higher court to lower court to send case docs for review

18
Q

Choosing cases

A

Law clerks and rule of four

19
Q

Forma pauperis

A

Can lower cost if too overwhelming

20
Q

Fee shifting

A

Defendant loses plaintiff can recover legal fees from him

21
Q

Plaintiff

A

A person who brings case against another I’m a court of law

22
Q

Standing

A

The requirement that plaintiffs have a serious interest Ina. Case

23
Q

Original jurisdiction

A

Jurisdiction of the courts that hear a case first usually in trial

24
Q

Courts of appeal

A

Applet courts empowered to review all final decisions of district courts

25
Q

Scolitcitor general

A

Responsible for choosing and arguing cases before the supreme courts on behalf of the us gov.

26
Q

Burger court

A

Roe v wade
Us v Nixon
Regents of uninv. Of Cali v bakke

27
Q

Courts make law when…

A

They reinterpreted law or constitution extend laws or judges act as legislators admins

28
Q

Courts can pass slightly revised laws if

A

It acts as unconstitutional

29
Q

Stare decsis

A

Letting decisions from previous ruling similar cases stand as percedent