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American Government > Chapter 13 > Flashcards

Chapter 13 Flashcards

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1
Q

what is judicial review?

A

the ability of a country’s high court to invalidate laws the legislature and/or executive branch have enacted by declaring them unconstitutional

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2
Q

what court case established Judicial Review in the United States?

A

Marbury vs. Madison

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3
Q

what is Parliamentary Supremacy?

A

judges’ decisions remain subordinate to decisions of legislative majority

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4
Q

what is litigation?

A

conduct of a lawsuit

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5
Q

what is mediation?

A

revolving disputes without going to court; a 3rd party helps negotiate a settlement

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6
Q

how has trust in courts changed?

A

traditionally, lawyers and courts enjoyed high prestige, but today public approval is waning thanks to controversial cases like Bush v. Gore

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7
Q

what are district courts?

A

the first level of federal courts, which hear the evidence and make initial rulings

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8
Q

what are circuit courts?

A

the second stage of federal courts, which review the trial record of cases decided in the district court to ensure they were settled properly

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9
Q

what is judicial activism?

A

a vigorous approach to reviewing the other branches of government

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10
Q

what is judicial restraint?

A

reluctance to interfere with elected branches, only doing so as a last resort

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11
Q

what is common law?

A

a system of law developed by judges in deciding cases over the centuries

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12
Q

what is precedent?

A

judicial decisions that offer a guide to similar cases in the future

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13
Q

what is civil law?

A

cases that involve disputes between 2 parties

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14
Q

what is criminal law?

A

cases in which someone is charged with breaking the law

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15
Q

what is a plaintiff?

A

the party that brings the action in a lawsuit

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16
Q

what is the defendant?

A

the party that is sued in a court case

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17
Q

who are the workhorses of the judiciary?

A

state appeals courts

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18
Q

what do federal courts deal with? (4)

A
  1. crimes that violate federal laws
  2. issues that involve federal treaties
  3. US constitution cases
  4. disputes across state lines
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19
Q

how are judges appointed to district courts?

A

by the President, subject to approval by the Senate, and they serve for life

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20
Q

what do specialized courts deal with?

A

military justice, tax disputes, terrorism, bankruptcy

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21
Q

which Supreme Court Justice changed the court’s role and how?

A

Chief Justice John Marshall, by going against his party and establishing Judicial Review in Marbury v. Madison

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22
Q

in what 3 ways in the Judicial Branch still the least dangerous branch?

A
  1. no electoral base
  2. limited resources
  3. rely on other branches for enforcement
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23
Q

how long the is Supreme Court in session and when does it open?

A

9 months a year, beginning the 1st Monday in October

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24
Q

what are oral arguments?

A

the presentation of a case that the Court has agreed to review

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25
Q

what is an amicus curiae?

A

a brief submitted by a person or group that is not a direct party to the case

26
Q

what is the rule of 4?

A

the requirement that at least 4 Supreme Court judges must agree to hear a case before it comes before the Court

27
Q

when is the Supreme Court more likely to hear a case in relation to decisions of lower courts?

A

when 2 lower courts have decided a case differently

28
Q

what is writ certoriari?

A

a demand by the Supreme court for the official record from the lower court that heard a case

29
Q

when are Supreme Court judges inclined to grant certoriari?

A

in cases in which a lower court decision conflicts with a Supreme Court ruling

30
Q

what 4 informal factors make the Supreme Court more likely to select a case?

A
  1. 2 lower courts decide the legal question differently
  2. lower court ruling conflicts with an existing Supreme Court ruling
  3. there is significance beyond the 2 parties involved
  4. the US gov is a party in the case
31
Q

during what time of year does the SC hear cases?

A

from early October to late April

32
Q

when does the SC issue rulings?

A

Monday mornings in May and June

33
Q

what is the majority opinion?

A

the official statement of the Court

34
Q

what is a concurrent opinion?

A

a statement that agrees with the majority opinion

35
Q

what is dissent?

A

a statement on behalf of the justices who voted in the minority

36
Q

who are SC clerks and what do they do?

A

recent law school graduates who help justices write opinions and reach decisions

37
Q

who decides who writes the majority opinion?

A

the Chief Justice

38
Q

Oberfell v Hodges?

A

rules that same-sex marriage is legal

39
Q

how do Supreme Court confirmations work?

A

appointed by the President, under review of the Senate Judiciary Committee, which holds hearings and recommends to the full Senate for a vote

40
Q

what is stare decisis?

A

deciding cases on the basis of previous rulings or precedents

41
Q

how do pragmatists view the Constitution?

A

as a living, breathing, changing document

42
Q

how do originalists view the Constitution?

A

interpret it literally

43
Q

Marbury v. Madison?

A

established judicial review

44
Q

McCulloch v. Maryland?

A

Congress has implied powers from the “Necessary and Proper Clause”

45
Q

Dred Scott v. Sanford?

A

ruled that African Americans were not citizens and could not sue in federal court

46
Q

Santa Clara Co. v. Southern Pacific Railroad?

A

gave corporations all the legal benefits of individual citizens

47
Q

Plessy v. Ferguson?

A

separate but equal

48
Q

Lochner v New York?

A

ushered in the Lochner era, during which Courts repeatedly struck down state economic and labor regulations; governments could not interfere with the private right to contract by introducing worker protections

49
Q

Muller v. Oregon?

A

upheld the Oregon law limiting women to a 10 hour work day, on the principle that women workers were different than men (sexism)

50
Q

Schneck v United States?

A

ruled the freedom of speech could be restricted if it presented a clear and present danger

51
Q

National Labor Relations Board v Jones and Laughlin Steel Corporation?

A

held that Congress had the power to regulate the company’s treatment of its workers

52
Q

Korematsu v. United States?

A

one of the first to use strict scrutiny of government actions, but upheld the government’s actions

53
Q

what is strict scrutiny?

A

a form of judicial review that requires the government to have a “compelling government interest for any law that singles out race or ethnicity”

54
Q

Brown v. Board of Education?

A

overturned Plessy v. Ferguson

55
Q

Mapp v. Ohio?

A

ruled that the 4th amendment, which prevents ureasonable searches and seizures is inadmissible in state courts

56
Q

Gideon v. Wainwright?

A

anyone charged with a serious criminal offense has the right to an attorney, and the state must provide a lawyer to anyone unable to afford legal counsel

57
Q

Lemon v. Kurtzman?

A

created the Lemon test for judging whether government action violated the first amendment by “establishing” a religion

58
Q

what are the 3 parts of the lemon test?

A
  1. laws cannot created “excessive government entanglement” in religious affairs
  2. must not inhibit religious practice
  3. law must have a secular purpose
59
Q

Roe v. Wade?

A

expanded the right to privacy by striking down a Texas law banning abortion

60
Q

United States v. Nixon?

A

upheld the doctrine of executive privilege but concluded that presidents could not invoke it in criminal cases to withhold evidence

61
Q

Bush v. Gore?

A

the Supreme Court halted the Florida recount of votes in the Presidential Election, rushing the issue bc of the urgency

62
Q

National Federation of Independent Business v. Sebelius?

A

the Court upheld Congress’ power to enact most provisions of Obamacare

American Government (14 decks)

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