Chapter 10:Judicial Branch Flashcards
What is the last name of John?
Roberts
What is the last name of Ruth?
Bader Ginsburg
What is the last name of Antonin?
Scalia
What is the last name of Anthony?
Kennedy
What is the last name of Sonia?
Sotomayor
What is the last name of Clarence?
Thomas
What is the last name of Elena?
Kagen
What is the last name of Stephen?
Breyer
What is the last name of Samuel?
Alito
Who is the Chief Justice?
John Roberts
What are substantive laws?
Defines what people can/cannot legally do
What are procedural laws?
Defines how to apply or carry out laws?
What are constitutional laws?
Laws found in the const.
What are statutory laws?
Made by legislatures and address behaviors
What are the 5 roles of law in society?
- Provide security
- Provide predictability
- Resolve conflicts
- Reflect society’s values
- Distribute benefits
What are the main types of laws?
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.
What do courts do?
Apply law to an actual situation
Criminal case
- 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”
Civil case
- court settles disagreements b/w individual or corporations or groups
- compensatory damages ($ for compensation)
- preponderance of evidence-“most likely”
Civil:Defendant
The people who answer the complaint
Plaintiff
People who bring a complaint=the person suing
Prosecution
Gov’t body bringing criminal charges “the people”
Criminal:Defendant
Person accused of breaking a law
Explain the members of the court.
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
What does it mean to interpret the law?
To decide what the law in question means
Precedent
-a guideline for how all similar cases should be decided in the future
Original jurisdiction
-the authority to hear a case first
Appeal
-to ask a higher court to review the decision and determine if justice was done
Appellate jurisdiction
-the authority to hear an appeal
Judicial review
-the power to overturn any law that the Court decides is in conflict with the Constitution
Judicial activism
-an effort by judges to take an active role in policymaking by overturning laws relatively often
Judicial restraint
-an effort by judges to avoid overturning laws and to leave policymaking up to the other two branches of the government
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
Marbury v. Madison
-creates precedent of judicial review
Concurring opinion
-agree with majority but for a different reason
Majority opinion
-winning side of the vote
Dissenting opinion
-disagree with majority opinion
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
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
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
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
How does a Supreme Court case get overturned?
Congress passes an amendment
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.
