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AP Government > Ch. 15 > Flashcards

Ch. 15 Flashcards

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1
Q

Doctrine of judicial review established by

A

Marbury v Madison

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2
Q

American law is mainly based on

A

The English system(English common law tradition): the decisions are made by judges constitute an important source of law

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3
Q

Body of judge-made law known as

A

Common law: originated in English from decisions shaped according to prevailing custom

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4
Q

Court rule bearing on subsequent legal decisions in similar cases

A

Precedent

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5
Q

Stare decisis

A

To stand on decided cases: the judicial policy of following precedents established by past decisions

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6
Q

Rules and principles announced in court decisions

A

Case law

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7
Q

Judicial review: the Supreme Court has ruled parts or all acts of congress to be unconstitutional about ——in its history

A

200 times

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8
Q

Judicial review: the Supreme Court has ruled state laws to be unconstitutional about ——in its history

A

1000 times

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9
Q

The federal court gets its power from ——and is organized according to ——

A

Article III of the constitution

Congressional legislation

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10
Q

Jurisdiction

A

The authority of a court to hear and decide a case

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11
Q

Standing to sue

A

A sufficient reason why you are suing someone

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12
Q

Authority of a court to hear and decide a particular class of cases

A

Jurisdiction

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13
Q

Federal courts have jurisdiction

A

That involves a federal question or diversity if citizenship

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14
Q

A question having to do with the U.S. constitution, acts of congress, or treaties

A

Federal question

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15
Q

Diversity of citizenship exists when

A

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

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16
Q

Appropriate issues for resolution in court are known as

A

Standing to sue

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17
Q

Tax courts and bankruptcy courts are

A

Courts of limited jurisdiction

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18
Q

Appellate courts usually look at questions of

A

Law

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19
Q

A state Supreme Court decision can be reviewed by the Supreme Court

A

Only if a federal question is involved

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20
Q

According to the constitution, the Supreme Court can exercise original jurisdiction

A

Only in certain cases affecting foreign diplomats and these where a state is a party

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21
Q

FISA court

A

Foreign Intelligence Surveillance Act: established a court to hear requests for warrants for the surveillance of suspected spies

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22
Q

Engaging in legal proceedings/ seek relief in a court of law

A

Litigate

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23
Q

Why interest groups play an important role in our judicial system

A

They bring to trial cases of discrimination, civil liberties cases, and more than 1/3 of cases involving business matters

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24
Q

A brief filed by a third party not directly involved in the litigation, but has an interest in the outcome of a case is

A

An amicus curiae brief

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25
Q

Any lawsuit seeking damages for “all persons similarly situated”

A

Class-action suit

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26
Q

Class-action suit

A

A lawsuit filed by an individual seeking damages for “all persons similarity situated”

27
Q

A court that hears broad, non-restricted range of cases is known as a court of

A

General jurisdiction

28
Q

The total number of cases reviewed by the Supreme Court represents

A

Less than 1/2 of 1%

29
Q

A writ of certiorari by the Supreme Court orders

A

A lower court to send up a record of a case for review up to a higher court

30
Q

What most petitions for writ of certiorari to the Supreme Court are

A

Denied–more that 90%

31
Q

What procedure is used by the Supreme Court to determine which cases it will hear

A

Rule of 4

32
Q

The opinion of a court

A

This contains the court’s ruling on the issue or issues presented, the reasons for its decisions, and the rules of law that apply

33
Q

Reasoning upon which a court ruling was based on

A

The opinion

34
Q

If a case is remanded it is

A

Sent back to the court that originally heard its case

35
Q

If a case if affirmed it is

A

Declared that a court ruling is valid and must stand

36
Q

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

A

Concurring opinion

37
Q

A court opinion called—–reflects the views of most judges

A

Majority opinion

38
Q

How can a dissenting opinion be important

A

It forms the basis of the arguments used later if the court reverses the previous decision and establishes a new precedent

39
Q

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

A

Oral arguments

40
Q

Suggested by some scholars, one of the reasons the Supreme Court hears fewer cases today in the past is the

A

Growing conservatism of the judges sitting on lower courts

41
Q

A ———is when all Supreme Court justices agree to an opinion

A

Unanimous opinion

42
Q

What was the most likely occupational position of a supreme court nominee before nomination

A

Federal judgeship

43
Q

Senatorial courtesy

A

A tradition allowing a senator to veto a judicial appointment in his or her state (in federal district court judgeship nominations)

44
Q

Senate republicans implemented a policy in the 21st century that

A

Established complete presidential control of nominations of judges

45
Q

Supreme Court justices have tended to be —— over the course of American history

A

Protestant white males

46
Q

What % of presidential nominations to the Supreme Court have been either rejected or not acted on by the senate

A

20%

47
Q

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

A

Harriet Miers

48
Q

What is the power of the courts to determine whether a law or action by the other branches of government is

A

Judicial review

49
Q

Judicial activism

A

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

50
Q

Philosophy that the Supreme Court should actively check the other branches or government when they exceed their authority is

A

Judicial activism

51
Q

Strict construction

A

A judicial philosophy that looks to the “letters of law” when interpreting the constitution or a particular statute

52
Q

“The constitution is not a living organism, it is a legal document,” was a quite by which member of the Supreme Court

A

Supreme Court justice Antonin Scalia

53
Q

Supreme Court under William Rehnquist

A
    • The Supreme Court became more conservative

- - 3 conservatives, 4 libel-moderates, and 2 moderate-conservatives

54
Q

A judicial philosophy that looks to the context of purpose of a law when making an interpretation

A

Broad construction

55
Q

The doctrine that holds the Supreme Court should defer to the decisions made by the elected representatives of the people is known as

A

Judicial restraint

56
Q

How presidents have the power to change the direction of the Supreme Court and the federal judiciary

A

They appoint new judges who in principle have philosophies consistent with the president

57
Q

Judicial implementation

A

The way court decisions are translated into action

58
Q

What can congress do if it disagrees with a decision of the Supreme Court concerning the interpretation of the U.S. constitution

A

Propose an amendment to the constitution that would negate the court’s ruling

59
Q

How public opinion can serve as a check on the judiciary

A
  • -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
60
Q

What issue does the court believe should be decided by the executive legislative branch

A

Political question

61
Q

Explain what federal judges do under our constitutional system

A

Nominated by the president and confirmed by a majority in the senate

62
Q

About——-of those people exonerated by DNA testing are members of a minority group

A

70%

63
Q

How many people have had death sentences before DNA proved their innocence

A

16 people

64
Q

Jurisdiction

A

The authority of a court to decide certain cases

AP Government (5 decks)

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