Chapter 5 Flashcards

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1
Q

Article III

A

establishes the judicial branch of the federal government

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2
Q

U.S. District Courts

A

The federal court system are the courts of the ORIGINAL jurisdiction. All cases INVOLVING FEDERAL LAW are tried.

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3
Q

U.S. Claims Court

A

In Special courts created by congress deals with peoples CLAIMS AGAINST government seizure of property.

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4
Q

U.S. Court of Military Appeals

A

In special federal courts created by courts. Composed of the three civilians, is the final judge of court- martial convictions

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5
Q

Vacancy crisis

A

empty seats in the court house. In the federal courts as the senate delayed acting on the presidents nominees to the bench.

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6
Q

Senatorial courtesy

A

Senator from president party have veto over judges in their part. —- Folowed by the senate in confirmity federal judges below the supreme court.

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7
Q

Exclusive jurisdiction

A

Federal only. cases involving crimes agaisnt the laws of the united states.

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8
Q

concurrent jurisdiction

A

does state courts

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9
Q

original jurisdiction

A

supreme court. cases that can be presented first to court

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10
Q

appellate jurisdiction

A

supreme court. most of the cases it hears are appeals of lower court decisions.

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11
Q

Writ of certiorari

A

is an order to the lower court to send the entire record of the case to the court of review.

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12
Q

judicial review

A

the power not only to declare acts and laws of any state and local government unconstitutional but also to strike down acts of any branch of the federal government.

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13
Q

Marbury v. Madison

A

established to the principle of the judicial review.

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14
Q

McCulloch v Maryland

A

the state of Maryland attempted to tax Baltimore branch of the unpopular Bank of the United States, established by the federal government.

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15
Q

Dred Scott v Sandford

A

the court ruled that a slave (dred scott) was not automatically free just because his owner had taken him to a state not allowing slavery. —– slaves have no rights

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16
Q

Missouri Compromise (1820)

A

which has attempted to resolve the slavery issue dividing the new western territories into slave and free parts.

17
Q

implied powers

A

bases on this clause were used later in broadly expanding the duties that congress could undertake.

18
Q

court packing

A

threatening to expand the court

19
Q

Baker v. Carr

A

decisions dealing with reapportionment. The warren court established the principle of “one man, one vote” for election districts.

20
Q

Miranda v. Arizona

A

Resort to Remain Silent.

21
Q

Bush v. Gore

A

Where the court split on Partisan lines, stopped a vote count, and made George Bush president.

22
Q

Political question

A

an issue on which the constitution or laws give final say to another branch of goverment, or one the court feel it lacks the capability to solve.

23
Q

Stare decisi (precedent)

A

to stand by decision. a final internal limit on the supreme court.

24
Q

United States v Lopez

A

the court ruled that congress had exceeded its authority to regulate interstate commerce by passing a law intended to keep guns out of school. — last time in 60 years.

25
Q

judicial restraint

A

the idea that court should not impose its views on other branches of the government or on the states unless there is clear violation of the constitution.

26
Q

judicial activism

A

is the view that the supreme court should be creative partner with the legislative and executive branches in the shaping government policy.

27
Q

jim crow laws

A

were passed to prohibit blacks from using the same public facilities as whites. School segregation.

28
Q

Plessy V Ferguson (1896)

A

the supreme court upheld a Louisiana law requiring railroads to provide separate cars for the two races.

29
Q

Brown V. Board of Education

A

denying it was overturning the precedent. The court held that segregated public schools violate the equal protection of laws.

30
Q

Civil Right Acts-

A

the act prohhibited discrimination in public accommodations involved in interstate commerce and in most business, and enforced equal voting rights for blacks.

31
Q

13 amendment

A

outlaws slavery

32
Q

14th amendment

A

extends the guarantees of the Bill of Rights to the United States as well as to the federal government

33
Q

15th amendment

A

ratified in the wake of the civil war, this amendment guaranteed the right to the vote regardless of race or color.

34
Q

Sundown Ordinance

A

deals with segregation; blacks couldnt go out after dark.

35
Q

U.s Term Limits v Thorton

A

was a case in which the supreme court of the united states ruled that states cannot impose qualification for prospective members of the U.S. congress stricter than those specified in the constitution for the term limits