Ch 15 The Federal Judiciary Flashcards

1
Q

Criminal Law

role? assumes what? traditionally..?

A

regulates individual conduct & is enforced by gov.
assumes society is victim, therefore gov. prosecutes
traditionally state concern (prosecuted in state, not fed.)

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2
Q

Civil Law

role? involves? ex?

A

(fed. court mostly)
regulates conduct & relationship btwn individuals or companies
involves lawsuits filed by private parties to recover something of value
ex: ppl suing each other o business

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3
Q

The federal court system

how many levels? what are they and how many ppl involved?

A

3 levels
US Supreme Ct. 1/9 Justices per case
US Cts of Appeal 13/3 Judges per case
US District Cts 94/1 Judge per case

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4
Q

Federal District Courts

distinction? # of judges? fact? involves?

A

trial courts of original jurisdiction (hear only 1st)
812 judges
every state has at least 1 court
involves fed. gov., fed. question, or citizens of diff states

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5
Q

US Cts of Appeal vs US District Cts

A

Appeal- rehearing

District- 1st hearing, original jurisdiction

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6
Q

Federal Courts of Appeal

role? # of judges? distinction? known as?

A

hear appeals from district courts or administrative agencies
167 active & 78 senior judges
no original jurisdiction
last resort for almost all federal case

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7
Q

US supreme court

role? # of justices? distinction?

A

reviews cases from courts of appeals & state supreme courts
has 8 associate justices & 1 chief justice (9 total)
original is set by constitution (article 3, checks and balances, can hear either 1st or last case)

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8
Q

Federal Selection Process

how to become part of federal bench?

A

President sends
Senators, Debt of Justice, Interest Groups, ABA, Senate Jud. Comm.
to Senate to be approved by majority

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9
Q

Appointment Considerations

name on list by… (7)

A

no constitutional qualifications
competence! (best & brightest, skills)
ideology/ policy preferences (pres choice reflecting their views bc appointed for life)
rewards (loyal to pres, like putting latino on bench)
pursuit of political support (promise from ppl working their way up their political scale)
religion
race & gender

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10
Q

Borked

meaning? what happened?

A

means to be turned down for nomination
Reagan had US Supreme Court opening, Bork appeared, honest on issues and overqualified, rejected by Senate bc of political views, not competence

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11
Q

Current US Supreme Court

who usually decides vote now bc of the numbers? borks place?

A

Kennedy is usually the deciding vote

if Bork was approved, he would’ve been all the way on the right

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12
Q

US Supreme Court

Alexander Hamilton’s view of it?

A

Alexander Hamilton referred to it as the “toothless” branch of gov.
-not a true partner

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13
Q

US Supreme Court

Judicial Review

A

power over LEGISLATIVE BRANCH

-court can determine if laws were constitutional, not in Constitution; they interpreted it

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14
Q

US Supreme Court

Marbury v. Madison

A

power of EXECUTIVE BRANCH

-pres does something courts feel is unconstitutional, they have the last word

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15
Q

How the Justices Vote- Legal Factors

activism v restraint?

A

Judicial Activism: court has active role in governing our country
Judicial Restraint: court is judicial body not governing body

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16
Q

How the Justices Vote- Legal Factors

precedent?

A
follow precedent (state decisis)
precedent: what is it? will decision have social impact? is it our job?
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17
Q

Supreme Court Decision-Making

A
Parties' briefs "amicus curae"
oral argument
conference: discussion & voting 
opinion drafting
opinions announced
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18
Q

Supreme Court Decision-Making: Parties’ briefs “amicus curae”

A

extensive reports, what should be decision now
friends of court briefs
“amicus curae”: hearing legal argument & background on info

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19
Q

Types of Opinions (3)

A

Majority (majority of at least 5)
Concurring (justice write opinion, agree but not for those reasons)
Dissenting (how & why colleague is wrong)

20
Q

Supreme Court - Deciding to Hear a Case

steps?

A

petition for writ of certiorari (7500)
clark of court
chief justice & “cert pool” (decide importance)
rule of four (4/9 justices permit writ)
opinion (75 (hear approx. that many cases))

21
Q

Supreme Court - Deciding to Hear a Case: petition for writ of certiorari

A

send info to court to be considered

22
Q

Most important criteria (2)

A

standing (ppl complaining about case decision are actually affected by the decision) (no standing->court won’t hear it)
ripeness & mootness (whether the case is relevant to the times we live in)

23
Q

Judicial Policy Making

what makes policy? (3)

A

policy is made by interpreting statutes & the Constitution (no policy process like other branches)
declaring laws unconstitutional makes policy
overruling precedent makes policy

24
Q

Warren, activist (reconstructionist view)

Earl Warren Court

A

Earl Warren Court: shifting away from Lockean construct

  • away from white man, use it to make it active to stop favoring property white ppl & make sure Constitution= equal to all ppl & justice (especially minorities)
  • court was the shield against property class, but Warren said to also use sword to make things right for social justice
25
Q

Warren, activist

Brown v Board of Edu 1 & 2

A

segregating schools= unconstitutional

9 supreme court reps agreed & overturned Plessy v F

26
Q

Warren, activist

1 man, 1 vote (Baker v Carr)

A

HOR, all congressional districts have to vote

27
Q

Warren, activist

Mapp v Ohio (minorities harassed by police (4th amend.) accused rights)

A

woman had nude painting in her house

warrant needed and couldn’t invent case

28
Q

Warren, activist

Miranda v Arizona (minorities harassed by police (4th amend.) accused rights)

A

need to be aware of 5th amendment

29
Q

Warren, activist

Gideon v Wainright (minorities harassed by police (4th amend.) accused rights)

A

strengthened that everyone has a right to counsel

30
Q

Burger, neutral

Roe v Wade

A

womens right to abortion

31
Q

Burger, neutral

Pentagon Papers

A

criticized prosecution of war in Vietnam in the press

against Nixon interest

32
Q

Burger, neutral

Restriction of Capital Punishment

A

violation of 8th amendment

33
Q

Burger, neutral

Localization of Obscenity

A

conservative against sex acts, Fed.=no business in it

34
Q

Rehnquist, constructionist (strict & literal interpret. of Constitution)
view on state vs federal power?

A

“each state is a sovereign entity”

-devolution, fed gov was overstepping boundaries

35
Q

Rehnquist, constructionist (strict & literal interpret. of Constitution)
activism or restraint?

A

Restrain the anti-majoritarian (democratic) nature of the court
-move gov back to judicial restraint

36
Q

Roberts, ???

A

Affordable Access to Health Care

-made Conservatives mad

37
Q

Effective Implementation of a Judicial Decision (2)

A

Decision is well written & easily understood

Decision is popular (greater respect when consistent w/ public opinion)

38
Q

Implementation/Enforcement

who’s job?

A

Exec. responsible for implementing

Judicial can rule anything, but reliant on Exec. to enforce it

39
Q

Laissez-faire

A

free market capitalism, ppl should be free to bring talents to market

40
Q

night watchmen model (conservative start in size)

A

gov only role should be to protect us

41
Q

robber barons

A

gov (conservative) was vulnerable to exploitation

42
Q

new deal (shift)

A

contraints on gov

43
Q

war on poverty

A

redistribution of wealth

44
Q

“the era of big gov is over”

A

conservatives right, Bill Clinton (Demo.) agreed=too big

45
Q

compassionate conservatism

A

will look after each other

let charity org. & churches take care of ppl, not gov