Chapter 2.8 Flashcards
How does the principle of judicial review check the power of the other branches and state government?
Judge’s Terms
Judges hold positions under good behavior.
Original Jurisdiction
Authority to hear a case for the first time.
Appellate Jurisdiction
Appeals court, how the court normally acts.
Federalist No. 78
The judiciary can easily be overpowered, and that makes it independent, which makes it strong. Can’t affect lawmaking and they don’t have to be closely watched.
Judicial Review
Review legislation to see if its constitutional. Power of a court to refuse to enforce a law or government regulation.
U.S. District Court
Deals with regular cases at federal law. The judges are appointed by the president. Hear more civil cases.
Attorney General
Head of the Department of Justice and the head attorney.
U.S. Circuit Court of Appeals
They have no original jurisdiction. Checks for procedural errors in lower level courts. Hear cases on appeal.
Supreme Court
Made up of the Chief Justice and 8 Associate Justices. Their decisions are the law of the land. Only take cases involving constitutionality.
What was the question in Marbury v. Madison?
Can an appointed judge sue for their appointment and does the Supreme Court have the authority to hear and implement this request?
Give background for Marbury v. Madison.
John Adams lost the presidency and appointed a lot of judges very late in his term after the election. Some of the judges were never approved.
What was the ruling in Marbury v. Madison?
4:0. The appointed judge can sue, but the court does not have original jurisdiction in this matter.
Criminal Law
Crimes against public order. Liberty is at stake.
Civil Law
Relations between individuals and their legal rights.
Grand Jury
They decide whether or not the person will go to trial. Is there probable cause that someone has committed a crime?
Trial Jury
Make a verdict on the person. They hear the case and make a decision.
Litmus Test
See what a candidate’s stance is on big issues.
