Chapter 10:Judicial Branch Flashcards

(43 cards)

1
Q

What is the last name of John?

A

Roberts

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2
Q

What is the last name of Ruth?

A

Bader Ginsburg

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3
Q

What is the last name of Antonin?

A

Scalia

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4
Q

What is the last name of Anthony?

A

Kennedy

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5
Q

What is the last name of Sonia?

A

Sotomayor

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6
Q

What is the last name of Clarence?

A

Thomas

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7
Q

What is the last name of Elena?

A

Kagen

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8
Q

What is the last name of Stephen?

A

Breyer

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9
Q

What is the last name of Samuel?

A

Alito

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10
Q

Who is the Chief Justice?

A

John Roberts

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11
Q

What are substantive laws?

A

Defines what people can/cannot legally do

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12
Q

What are procedural laws?

A

Defines how to apply or carry out laws?

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13
Q

What are constitutional laws?

A

Laws found in the const.

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14
Q

What are statutory laws?

A

Made by legislatures and address behaviors

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15
Q

What are the 5 roles of law in society?

A
  1. Provide security
  2. Provide predictability
  3. Resolve conflicts
  4. Reflect society’s values
  5. Distribute benefits
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16
Q

What are the main types of laws?

A

Substantive-defines what people can/cannot legally do
Procedural-defines how to apply or carry out laws
Constitutional-laws found in the Const.
Statutory-made by legislatures and address behaviors
Administrative-bureaucratic agencies
Executive orders-rules made by the Pres.

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17
Q

What do courts do?

A

Apply law to an actual situation

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18
Q

Criminal case

A
  • prohibit specific actions that the gov’t has determined break the public peace
  • court decides if person accused is guilty or innocent “guilty beyond a reasonable doubt”
19
Q

Civil case

A
  • court settles disagreements b/w individual or corporations or groups
  • compensatory damages ($ for compensation)
  • preponderance of evidence-“most likely”
20
Q

Civil:Defendant

A

The people who answer the complaint

21
Q

Plaintiff

A

People who bring a complaint=the person suing

22
Q

Prosecution

A

Gov’t body bringing criminal charges “the people”

23
Q

Criminal:Defendant

A

Person accused of breaking a law

24
Q

Explain the members of the court.

A

Judge-applies the law to the conflict between the plaintiff or prosecution and the defendant
Jury-decides the facts of a case-such as what happened and who did it

25
What does it mean to interpret the law?
To decide what the law in question means
26
Precedent
-a guideline for how all similar cases should be decided in the future
27
Original jurisdiction
-the authority to hear a case first
28
Appeal
-to ask a higher court to review the decision and determine if justice was done
29
Appellate jurisdiction
-the authority to hear an appeal
30
Judicial review
-the power to overturn any law that the Court decides is in conflict with the Constitution
31
Judicial activism
-an effort by judges to take an active role in policymaking by overturning laws relatively often
32
Judicial restraint
-an effort by judges to avoid overturning laws and to leave policymaking up to the other two branches of the government
33
Appeals court (US & MN)
``` MN: -12 courts called circuits -appellate jurisdiction -no jury, no witnesses, no evidence -panel of 3 judges -decide to affirm or reverse US: Supreme Court -highest in the federal court system -serves as the final court of appeals for state and federal courts -limited original jurisdiction ```
34
Marbury v. Madison
-creates precedent of judicial review
35
Concurring opinion
-agree with majority but for a different reason
36
Majority opinion
-winning side of the vote
37
Dissenting opinion
-disagree with majority opinion
38
What decisions does an appeals court make (define them as well)?
Appeals court-may decide to affirm, or let stand, the lower court's decision
39
Trial court/district Court (US & MN)
``` US: -original jurisdiction -95 districts MN: -different divisions serve different public needs -may be appealed to a higher court ```
40
Supreme Court (US & MN)
US:has the final say about what the constitution means and what laws it will allow -establishes the broadest and longest-lasting precedent MN:7 justices who review cases from the Court of Appeals -not required to hear all cases before it -review cases to set precedent in MN
41
How does a case get to the MN Supreme Court? The US Supreme Court?
MN:appealed in the Court of Appeals US:appealed in MN Supreme Court
42
How does a Supreme Court case get overturned?
Congress passes an amendment
43
Explain why each Branch is important and how each works together.
Executive Branch:executes laws -signs bills into law or vetoes them -has power to appoint justices Legislative Branch:makes laws -Congress declares war, instead of the President -can pass an amendment to override what Judicial Branch declares unconstitutional Judicial Branch:interprets laws -can overturn laws that are unconstitutional Important, because they stop any branch from becoming too powerful.