Ch. 15 Flashcards
Doctrine of judicial review established by
Marbury v Madison
American law is mainly based on
The English system(English common law tradition): the decisions are made by judges constitute an important source of law
Body of judge-made law known as
Common law: originated in English from decisions shaped according to prevailing custom
Court rule bearing on subsequent legal decisions in similar cases
Precedent
Stare decisis
To stand on decided cases: the judicial policy of following precedents established by past decisions
Rules and principles announced in court decisions
Case law
Judicial review: the Supreme Court has ruled parts or all acts of congress to be unconstitutional about ——in its history
200 times
Judicial review: the Supreme Court has ruled state laws to be unconstitutional about ——in its history
1000 times
The federal court gets its power from ——and is organized according to ——
Article III of the constitution
Congressional legislation
Jurisdiction
The authority of a court to hear and decide a case
Standing to sue
A sufficient reason why you are suing someone
Authority of a court to hear and decide a particular class of cases
Jurisdiction
Federal courts have jurisdiction
That involves a federal question or diversity if citizenship
A question having to do with the U.S. constitution, acts of congress, or treaties
Federal question
Diversity of citizenship exists when
The parties to a lawsuit are from different states or (more rarely) when the suit involves a U.S. citizen and a government or citizen of a foreign country
Appropriate issues for resolution in court are known as
Standing to sue
Tax courts and bankruptcy courts are
Courts of limited jurisdiction
Appellate courts usually look at questions of
Law
A state Supreme Court decision can be reviewed by the Supreme Court
Only if a federal question is involved
According to the constitution, the Supreme Court can exercise original jurisdiction
Only in certain cases affecting foreign diplomats and these where a state is a party
FISA court
Foreign Intelligence Surveillance Act: established a court to hear requests for warrants for the surveillance of suspected spies
Engaging in legal proceedings/ seek relief in a court of law
Litigate
Why interest groups play an important role in our judicial system
They bring to trial cases of discrimination, civil liberties cases, and more than 1/3 of cases involving business matters
A brief filed by a third party not directly involved in the litigation, but has an interest in the outcome of a case is
An amicus curiae brief
Any lawsuit seeking damages for “all persons similarly situated”
Class-action suit
Class-action suit
A lawsuit filed by an individual seeking damages for “all persons similarity situated”
A court that hears broad, non-restricted range of cases is known as a court of
General jurisdiction
The total number of cases reviewed by the Supreme Court represents
Less than 1/2 of 1%
A writ of certiorari by the Supreme Court orders
A lower court to send up a record of a case for review up to a higher court
What most petitions for writ of certiorari to the Supreme Court are
Denied–more that 90%
What procedure is used by the Supreme Court to determine which cases it will hear
Rule of 4
The opinion of a court
This contains the court’s ruling on the issue or issues presented, the reasons for its decisions, and the rules of law that apply
Reasoning upon which a court ruling was based on
The opinion
If a case is remanded it is
Sent back to the court that originally heard its case
If a case if affirmed it is
Declared that a court ruling is valid and must stand
What a justice would write if they agree with the result reached by the majority of the court, but wants to voice disapproval of the grounds on which the decision was made
Concurring opinion
A court opinion called—–reflects the views of most judges
Majority opinion
How can a dissenting opinion be important
It forms the basis of the arguments used later if the court reverses the previous decision and establishes a new precedent
Known as——-they are spoken presentations by attorneys to the appellate court laying out the reasons why the court should rule in his or her client’s favor
Oral arguments
Suggested by some scholars, one of the reasons the Supreme Court hears fewer cases today in the past is the
Growing conservatism of the judges sitting on lower courts
A ———is when all Supreme Court justices agree to an opinion
Unanimous opinion
What was the most likely occupational position of a supreme court nominee before nomination
Federal judgeship
Senatorial courtesy
A tradition allowing a senator to veto a judicial appointment in his or her state (in federal district court judgeship nominations)
Senate republicans implemented a policy in the 21st century that
Established complete presidential control of nominations of judges
Supreme Court justices have tended to be —— over the course of American history
Protestant white males
What % of presidential nominations to the Supreme Court have been either rejected or not acted on by the senate
20%
George W. Bush had to forgo one of his nominees to the Supreme Court ——when he realized that he could not win the confirmation battle in the senate
Harriet Miers
What is the power of the courts to determine whether a law or action by the other branches of government is
Judicial review
Judicial activism
A doctrine holding that the Supreme Court should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authority
Philosophy that the Supreme Court should actively check the other branches or government when they exceed their authority is
Judicial activism
Strict construction
A judicial philosophy that looks to the “letters of law” when interpreting the constitution or a particular statute
“The constitution is not a living organism, it is a legal document,” was a quite by which member of the Supreme Court
Supreme Court justice Antonin Scalia
Supreme Court under William Rehnquist
- The Supreme Court became more conservative
- - 3 conservatives, 4 libel-moderates, and 2 moderate-conservatives
A judicial philosophy that looks to the context of purpose of a law when making an interpretation
Broad construction
The doctrine that holds the Supreme Court should defer to the decisions made by the elected representatives of the people is known as
Judicial restraint
How presidents have the power to change the direction of the Supreme Court and the federal judiciary
They appoint new judges who in principle have philosophies consistent with the president
Judicial implementation
The way court decisions are translated into action
What can congress do if it disagrees with a decision of the Supreme Court concerning the interpretation of the U.S. constitution
Propose an amendment to the constitution that would negate the court’s ruling
How public opinion can serve as a check on the judiciary
- -persons affected by the decisions that is noticeably at odds with their views may ignore it
- the public can pressure state and local governments officials to refuse to enforce certain decisions
- justifies are influenced by social trends
What issue does the court believe should be decided by the executive legislative branch
Political question
Explain what federal judges do under our constitutional system
Nominated by the president and confirmed by a majority in the senate
About——-of those people exonerated by DNA testing are members of a minority group
70%
How many people have had death sentences before DNA proved their innocence
16 people
Jurisdiction
The authority of a court to decide certain cases
