ch 13 Flashcards
The U.S. Supreme Court ruled that a state’s interests in regulating abortion to protect the life af a fetus can only override a woman’s fundamental right to privacy when the fetus becomes viable
Roe v. Wade
a legal dispute dealing with an alleged violation of the penal code
criminal law
the government must prove the defendant’s guilt “beyond a reasonable doubt”
criminal case
cases are legal disputes concerning a private conflict between two or more parties - individuals, corporations, or government agencies
civil law
required to prove the case “by a preponderance of the evidence.” (to be found guilty)
plaintiff
who adopted the Judiciary Act of 1789
the first congress
provides that the Constitution is the supreme law of the land
Supremacy clause
uses supremacy clause to declare acts of the states unconstitutional
Supreme Courts
the power of the courts to examine the actions of the government and to determine whether they are consistent with the constitution (allows to strike down other 2 branches)
Judicial Review
94 district courts are organized into how many regional circuits?
12 (11 circuits + D.C. Circuit)
when a judge decides a case, it is said to be what?
adjudicated
how many justices are there?
9 (since 1869)
a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee’s state, especially from the senior senator of the president’s party from that state.
Senatorial Courtesy
the court decides about how many cases in a year?
100, though it receives about 9,000 request for review
the law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court.
Solicitor General
Court has specific rules that govern which cases within their jurisdiction they will and will not hear
Rules of Access
what are the 3 different rules of access criteria
controversy, standing, and mootness
parties must show that they have a substantial stake in the outcome of the case
standing
a criterion used by the courts to screen cases that no longer require resolution
Mootness
The case before the court must be an actual controversy, not a hypothetical one, with two truly adversarial parties
controversy
a decision of at least four of the nine Supreme Court Justices to review a decision of a lower court (Rule of Four)
Writ of Certiorari
this writ gives state prisoners a second channel toward Supreme Court Review in case their direct appeal from the highest state court fails.
Writ of Habeas Corpus
the case that says you have the right to a lawyer.
Gideon v Wainwright
occur when justices agree with the majority decision, but offer a somewhat different rationale to support it
Concurring opinions
