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12th Govt > Chapters 11 And 12 > Flashcards

Chapters 11 And 12 Flashcards

1
Q

Litigant

A

A person engaged ina lawsuit

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2
Q

Petit jury

A

A trial jury, usually consisting of 6 or 12 people, that weighs the evidence presented at a trial and renders a verdict

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3
Q

Grand jury

A

A group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial

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4
Q

Indictment

A

A formal charge by a grand jury

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5
Q

Judicial circuit

A

A region containing a United States appellate court

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6
Q

Opinion

A

A written explanation of a supreme courts decision

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7
Q

Writ of certiorari

A

An order from the Supreme Court to a lower court to send up the records on a case for review

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8
Q

Brief

A

A written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case

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9
Q

Amicus curiae

A

Latin for friend of the court

A written brief from and individual or group claiming to have info useful to a courts consideratiob of a case

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10
Q

Stare decjsis

A

A latin term meaning “let the decision stand”
I
Principle that once the court rules on a case, its decision serves as a precedent on which to base other decisions

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11
Q

Precedent

A

A model on which to base later decisions or actions

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12
Q

Bloc

A

Coalition that promotes a common interest

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13
Q

Swig vote

A

Deciding vote

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14
Q

Explain the difference between concurrent jurisdiction, original jurisdiction, appellate jurisdiction

A

Concurrent- both states and federal gives have authority to hear case
Original- district court they have authority to hear case first
Appellate- can only hear case on review

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15
Q

What type of cases do federal courts have jurisdiction over

A

If involves: Federal law
Constitution
Treaty
Bankruptcy

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16
Q

Write out: What is judicial review

A

Authority of the court to review actions of govt and determine if they are constitutional

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17
Q

Explain the due process clause

A

When a state can not deprive you of life, liberty, and property without following specific procedures

18
Q

Explain the purpose of district courts. Where are they located? What type of cases do they hear? What percent of cases do they hear

A

Purpose: they are the trail courts for criminal and civil federal cases
94 across the states
Hear 80% of criminal and civil cases

19
Q

What is the federal courts of appeal store? How many are there? How are they divided up around the nation?

A

Are responsible for hearing appeals from the district court

They are divided into 12 circuits and 1 national court

20
Q

Matching: Court of international trade

A

Jurisdiction over cases dealing with tariffs

Based in NYC but hears cases in other port cities

21
Q

US court of federal claims

A

Handles claims against the us for money damages

-person who believes govt hasn’t paid bill sue in this court

22
Q

US tax court

A

Cases relating to fed taxes

Comes from citizens disagreeing w/IRS

23
Q

US Court of Appeals for the Armed Forces

A

Armed forces highest appeals court

Cases of armed forces members convicted of breaking military law

24
Q

Territorial courts

A

Exist in Guam, Puerto Rico, etc

25
Q

Courts of the District of Columbia

A

Judiciary system for fed district/nations capital

Includes fed district courts, court of appeals, and local courts

26
Q

Courts of veterans appeals

A

Hears appeals from board of veterans appeals

Deals with veterans claims for benefits and other problems

27
Q

Foreign intelligence surveillance court

A

Authorized to secretly wiretap people suspected of spying against us.

28
Q

Give an example of a case that the Supreme Court has original jurisdiction over

A

Original jurisdiction if involves a foreign diplomat, if states are involved, or states sues the fed govt

29
Q

Give an example of a case that the Supreme Court has apeallate jurisdiction over

A

Comes from lower court of appeals

30
Q

What are the three decision-making task of the suprme court

A
  1. Which case to hear
  2. Deciding the case its self
  3. Write the opinion
31
Q

Lisiting: Who are the current Supreme Court justices

A 
Roberts Chief Justice
Alito 
Souter 
Breyer 
Kennedy
Thomas
Stevens
Vader Ginsburg
32
Q

Name some of the duties of the justices

A

Have to decide cases and write opinions
Each responsible for federal circuit
Can take on additional limited duties outside the court

33
Q

How are the Supreme Court justices given the job? How long do they say

A

Appointed by the president approved by the senate

Serve for life

34
Q

Explain what justices do during a session. Know that a session general is the last from

A

Sit for 2 weeks each month to hear and announce cases, rest of the time they decide which cases to hear, write opinions, and meetings
Last from October to June

35
Q

No the four ways a case married to the Supreme Court and having a different

A

Writ of certiorari- party in a case seeks review and the court requests records on the case
Appeal- someone has requested a lower courts decision to be reviewed on a case dealing with the constitution
Solicitor general- lawyer for the us govt will pursue cases in the Supreme Court
Original jurisdiction- if Supreme Court has original jurisdiction

36
Q

Listing: Westin describe the steps to the deciding major cases

A

Submitting briefs- lawyers on each side submit written statement of their legal argument
Oral arguments- each side gets 30 minutes to present their case and be questioned by the justices
Conference- justices meet in private, debate the case and vote
Writing the opinion- a justice is assigned to explain the courts decision

37
Q

Explain the difference between majority opinion, concurring, unanimous, and dissenting

A

Majority: winning
unanimous: everyone agrees
Concurring: agree but for a different reason
Dissenting: losing opinion

38
Q

What are the three tours the court as for shaping policy

A

Judicial review, interpreting the meaning of laws, overruling and reversing its previous decisions

39
Q

What are the limits on Supreme Court authority

A 
Types of issues
Types of cases
Control of agenda
Lack of enforcement power
Checks and balances
40
Q

Name the 5 forces that shape the decisions the court makes

A 
Existing laws
Personal views of justices
Justices interactions with one another
Social forces and public attitudes
Congress and the president
41
Q

Give examples on how the president and congress can influence the court

A

Congress: Set # of justices and salary, senate approves them, can limit types of cases that come to Supreme Court, rewrite laws
President: can appoint justices or refuse to enforce their decision

12th Govt (13 decks)

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