Chapter 13 Flashcards
what is judicial review?
the ability of a country’s high court to invalidate laws the legislature and/or executive branch have enacted by declaring them unconstitutional
what court case established Judicial Review in the United States?
Marbury vs. Madison
what is Parliamentary Supremacy?
judges’ decisions remain subordinate to decisions of legislative majority
what is litigation?
conduct of a lawsuit
what is mediation?
revolving disputes without going to court; a 3rd party helps negotiate a settlement
how has trust in courts changed?
traditionally, lawyers and courts enjoyed high prestige, but today public approval is waning thanks to controversial cases like Bush v. Gore
what are district courts?
the first level of federal courts, which hear the evidence and make initial rulings
what are circuit courts?
the second stage of federal courts, which review the trial record of cases decided in the district court to ensure they were settled properly
what is judicial activism?
a vigorous approach to reviewing the other branches of government
what is judicial restraint?
reluctance to interfere with elected branches, only doing so as a last resort
what is common law?
a system of law developed by judges in deciding cases over the centuries
what is precedent?
judicial decisions that offer a guide to similar cases in the future
what is civil law?
cases that involve disputes between 2 parties
what is criminal law?
cases in which someone is charged with breaking the law
what is a plaintiff?
the party that brings the action in a lawsuit
what is the defendant?
the party that is sued in a court case
who are the workhorses of the judiciary?
state appeals courts
what do federal courts deal with? (4)
- crimes that violate federal laws
- issues that involve federal treaties
- US constitution cases
- disputes across state lines
how are judges appointed to district courts?
by the President, subject to approval by the Senate, and they serve for life
what do specialized courts deal with?
military justice, tax disputes, terrorism, bankruptcy
which Supreme Court Justice changed the court’s role and how?
Chief Justice John Marshall, by going against his party and establishing Judicial Review in Marbury v. Madison
in what 3 ways in the Judicial Branch still the least dangerous branch?
- no electoral base
- limited resources
- rely on other branches for enforcement
how long the is Supreme Court in session and when does it open?
9 months a year, beginning the 1st Monday in October
what are oral arguments?
the presentation of a case that the Court has agreed to review
what is an amicus curiae?
a brief submitted by a person or group that is not a direct party to the case
what is the rule of 4?
the requirement that at least 4 Supreme Court judges must agree to hear a case before it comes before the Court
when is the Supreme Court more likely to hear a case in relation to decisions of lower courts?
when 2 lower courts have decided a case differently
what is writ certoriari?
a demand by the Supreme court for the official record from the lower court that heard a case
when are Supreme Court judges inclined to grant certoriari?
in cases in which a lower court decision conflicts with a Supreme Court ruling
what 4 informal factors make the Supreme Court more likely to select a case?
- 2 lower courts decide the legal question differently
- lower court ruling conflicts with an existing Supreme Court ruling
- there is significance beyond the 2 parties involved
- the US gov is a party in the case
during what time of year does the SC hear cases?
from early October to late April
when does the SC issue rulings?
Monday mornings in May and June
what is the majority opinion?
the official statement of the Court
what is a concurrent opinion?
a statement that agrees with the majority opinion
what is dissent?
a statement on behalf of the justices who voted in the minority
who are SC clerks and what do they do?
recent law school graduates who help justices write opinions and reach decisions
who decides who writes the majority opinion?
the Chief Justice
Oberfell v Hodges?
rules that same-sex marriage is legal
how do Supreme Court confirmations work?
appointed by the President, under review of the Senate Judiciary Committee, which holds hearings and recommends to the full Senate for a vote
what is stare decisis?
deciding cases on the basis of previous rulings or precedents
how do pragmatists view the Constitution?
as a living, breathing, changing document
how do originalists view the Constitution?
interpret it literally
Marbury v. Madison?
established judicial review
McCulloch v. Maryland?
Congress has implied powers from the “Necessary and Proper Clause”
Dred Scott v. Sanford?
ruled that African Americans were not citizens and could not sue in federal court
Santa Clara Co. v. Southern Pacific Railroad?
gave corporations all the legal benefits of individual citizens
Plessy v. Ferguson?
separate but equal
Lochner v New York?
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
Muller v. Oregon?
upheld the Oregon law limiting women to a 10 hour work day, on the principle that women workers were different than men (sexism)
Schneck v United States?
ruled the freedom of speech could be restricted if it presented a clear and present danger
National Labor Relations Board v Jones and Laughlin Steel Corporation?
held that Congress had the power to regulate the company’s treatment of its workers
Korematsu v. United States?
one of the first to use strict scrutiny of government actions, but upheld the government’s actions
what is strict scrutiny?
a form of judicial review that requires the government to have a “compelling government interest for any law that singles out race or ethnicity”
Brown v. Board of Education?
overturned Plessy v. Ferguson
Mapp v. Ohio?
ruled that the 4th amendment, which prevents ureasonable searches and seizures is inadmissible in state courts
Gideon v. Wainwright?
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
Lemon v. Kurtzman?
created the Lemon test for judging whether government action violated the first amendment by “establishing” a religion
what are the 3 parts of the lemon test?
- laws cannot created “excessive government entanglement” in religious affairs
- must not inhibit religious practice
- law must have a secular purpose
Roe v. Wade?
expanded the right to privacy by striking down a Texas law banning abortion
United States v. Nixon?
upheld the doctrine of executive privilege but concluded that presidents could not invoke it in criminal cases to withhold evidence
Bush v. Gore?
the Supreme Court halted the Florida recount of votes in the Presidential Election, rushing the issue bc of the urgency
National Federation of Independent Business v. Sebelius?
the Court upheld Congress’ power to enact most provisions of Obamacare
