courts liberties and rights

Question 1

marbury v madison

Answer 1

marbury wanted to sue jefferson party (rep by madison) bc they didn’t grant him commision from appointment by adams, do the plaintiffs have a right to their commission?
Can they sue for their commissions in court?
Does the Supreme Court have the authority to order the delivery of their commission? Majority ruled in favor of Marbury
stated it was illegal for Madison to withhold their commission, however the judiciary branch was weak during this time and didn’t have the power to enforce this ruling, meaning Madison would not end up having to pay the judges commission, Judiciary Act of 1789 (found later to be unconstitutional which created judicial review) and Article 3 (created SCOTUS and lines their jurisdiction, says SCOTUS has too much power and no right to rule in favor of Marbury)
Enduring Legacy- created important part of judicial branch that helped to even out idea of separation of power- JUDICIAL REVIEW

Question 2

terms of judges in fed courts

Answer 2

life terms

Question 3

checks on supreme court

Answer 3

1)courts must rely on other branches to implement decisions
2)appointment/confirmation/
impeachment
3) congress can change number of justices/courts
4) we can undo court decisions by changing/revising the law or amending constitution
5) president could parden, commute, or grant amnesty (pardon- individual, amnesty- group, commute- reduce sentence)

Question 4

judiciary act of 1789

Answer 4

created supreme courts, gave congress power to create inferior courts, smallest article, 8 associate judges + 1 chief, created dual system today

Question 5

district courts

Answer 5

constitutional court, 94 total, “trial courts”, hear 80% of fed cases

Question 6

precedent

Answer 6

a decided case that furnishes a basis for determining later cases involving similar facts or issues

Question 7

how does one become a supreme court justice

Answer 7

appointed by president, confirmed by the senate

Question 8

senatorial courtesy

Answer 8

district level judges that presidents rely on in times of vacancy during selection process (in home states), senators confirm NOT reps, if 1 oe both senators disagree w president choice, pres will remove them

Question 9

amicus curiae

Answer 9

friend of the court

Question 10

types of jurisdiction

Answer 10

original- where cases are heard first, district courts only have this ability
appellate- held by court of appeals, can’t have original jurisdiction
exclusive- only place a case can be heard, supreme court can have original and exclusive jurisdiction but almost always has appellate jurisdiction

Question 11

types of opinions

Answer 11

majority opinion- formal opinion of court, sets precedent for later cases
concurring opinion- agree with majority but for differing opinions
dissenting opinion- disagree w the courts majority

Question 12

judicial restraint

Answer 12

judicial approach that states that courts should avoid delivering decisions that change the meaning of a current law or government statue unless there is a clear violation of the Constitution

Question 13

hamilton and power of the supreme court

Answer 13

founders believed courts would be least powerful branch of government, commander-in-chief is the sword, congress is the purse, judiciary has no control over sword or purse so it’s weak

Question 14

marshall courts

Answer 14

john marshall first chief justice, enforced fed power over state’s

Question 15

brief

Answer 15

written argument submitted to the court

Question 16

solicitor general

Answer 16

reps the US in cases

Question 17

amicus curiae

Answer 17

friend of the court

Question 18

judicial activism

Answer 18

how a judge approaches judicial review, judges make policy from the bench

Question 19

dual court system

Answer 19

federal and states, fed is broken up into constitutional and special legislative courts

Question 20

writ of certiorari

Answer 20

request that the Supreme Court order a lower court to send up the record of a case for review

Question 21

class action

Answer 21

a lawsuit brought upon many

Question 22

ohio and fed courts

Answer 22

6th circuit court

Question 23

court of appeals

Answer 23

gatekeeper court

Question 24

criteria for fed cases

Answer 24

subject matter - constitutional issues and admiralty (military-navy) case
parties involved (diversity cases- us officer or agency, ambassadors, consuls, state v state, citizen of one state suing citizen from another, citizen suing foreign gov

Question 25

strict constructionism

Answer 25

constitution is black and white and shouldn’t be read or open to interpretation

Question 26

liberal constructionism

Answer 26

believe that, when interpreting the Constitution, meaning and intent should be inferred based on consideration of the document as a whole.

Question 27

due process clause

Answer 27

gov/authorities must follow rules and procedures in all criminal investigations and trials

Question 28

equal protection clause

Answer 28

equal protection clause prevents the state government from enacting criminal laws that discriminate in an unreasonable and unjustified manner

Question 29

select incorporation

Answer 29

incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

Question 30

free exercise clause

Answer 30

recognizes our right to believe and practice our faith, or not, according to the dictates of conscience

Question 31

establishment clause

Answer 31

bars the government from taking sides in religious disputes or favoring or disfavoring anyone based on religion or belief (or lack thereof).

Question 32

prior restraint

Answer 32

must prove national security if want to claim prior restraint

Question 33

clear and present danger

Answer 33

a risk or threat to safety or other public interests that is serious and imminent.
came form schenk

Question 34

speech that isnt protected

Answer 34

speech that leads to imminent lawless action

Question 35

speech that is protected

Answer 35

pure speech

Question 36

exclusionary clause

Answer 36

must obtain a warrant to do search and seizure, illegally obtained evidence cant be used against you

Question 37

mapp v ohio

Answer 37

illegal search and seizure in a woman’s house and they found porn, created exclusionary clause

Question 38

procedural due process

Answer 38

constitutional requirement that when the federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker.

Question 39

substantive due process

Answer 39

law itself stands for questionable behavior- jim crow, USA Patriot Act

Question 40

hyde amendment

Answer 40

banning fed funds going towards abortion