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Political Science > Exam 2 - Supreme Court > Flashcards

Exam 2 - Supreme Court Flashcards

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1
Q

The federalist system includes

A

Multiple layers of courts / the judicial branch

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2
Q

what does the federal system do?

A

it oversees federal laws and disputes between states, states & federal gov’t, and the federal government and foreign entities

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3
Q

their is only one Judicial system in the US (T/F)

A

False
each state has their own legal/ judicial system

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4
Q

each state has their own legal system (T/F)

A

True

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5
Q

What are the 2 goals of the Supreme Court?

A
  1. protect sanctity (holiness) of US constitution from other branches (protect the constitution)
  2. protect individual rights against societal / government oppression
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6
Q

what are considered societal/government oppression? (3)

A
  1. federal gov
  2. state gov
  3. private actors
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7
Q

The judicial branch (supreme court) was envisioned as

A

judgement

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8
Q

Hamilton claimed that the judicial branch will be the ____

A

least dangerous

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9
Q

why is the judicial branched seen as the least dangerous ?

A

because while the court can make decisions it CANNOT ENFORCE THEM

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10
Q

The supreme court can make judgement and enforce laws (T/F)

A

False they can only use judgment, their powers would begin in the court and end their

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11
Q

The judiciary is a key component of the nations _(1)__, finding its place as _(2)___

A
  1. constitutional democracy
  2. chief INTERPRETER OF THE CONSTITUTION
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12
Q

the judiciary interprets laws (T/F)

A

True

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13
Q

The Supreme Court WAS in the Articles of Confederation (T/F)

A

False, it was not in the AOC

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14
Q

Original Jurisdiction

A

case heard for the first time

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15
Q

Appellate Jurisdiction

A

hears case on appeal from lower court to judge original ruling

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16
Q

The Judicial Branch is the ___ and __ of the three branches

A

is the SHORTEST and LEAST DETAILED

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17
Q

what does the supreme court establish?

A

established 1 court

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18
Q

What does Article 3 of the Constitution state?

A

that the power of judiciary branch is vested in the Supreme Court

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19
Q

what did the Judiciary Act of 1789 establish?

A

laid the frame work of today’s Federal judicial system

(established the judicial Courts)

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20
Q

what act established the today’s federal judicial system?

A

judiciary act of 1789

21
Q

List the Steps of the basic structure unchanged. (3)
the steps from getting a case from the district court to the supreme courts

A
  1. District Court
  2. Appeal Courts/ circuit courts
  3. Us. Supreme Court

Basic = (DAU)

22
Q

List the structures of getting a case from a state to the US supreme courts (4)

A
  1. trail courts
  2. appeals
  3. state supreme court
  4. US supreme court

state = (TASU)

23
Q

where was the court originally located?

A

on the outskirts of the congressional buildings

24
Q

The location of the Court signified

A

the courts growing role as part of the national government

25
Q

who was credited with defining the modern court, clarifying its power and strengthening its role

A

John Marshall

26
Q

Judicial Review

A

The Court can determine if the actions from another branch or state is deemed constitutional or not.
if the courts find these action unconstitutional it can become null or void

27
Q

what can occur when the court finds something unconstitutional

A

whatever is unconstitutional can be null or void

28
Q

when was judicial review first established? and why?

A

first establish in Marbury V Madison it was the first time the court declared an act of congress unconstitutional

29
Q

What was the outcome of Marbury V Madison

A

it established judicial review
claimed that an act from congress was unconstitutional

30
Q

what are the 3 main things that John Marshall do for the court

A
  1. modernized the court
  2. clarified its power
  3. strengthened its role
31
Q

List the two primary pathways the US supreme court hears cases?

A

From the Circuit Courts (Districts Courts –> Appeals court –> US supreme Court) (DAU)

From the State
1. trail courts
2. appellate courts
3. state supreme court
4. US supreme court (TASS)

32
Q

how many justices serve in the supreme court

A

9

33
Q

supreme court members are appointed by __(1)__ and confirmed by __2__

A
  1. POTUS (president)
  2. Senate
34
Q

How long do justices on the supreme court get reelected?

A

they serve lifetime appointment

35
Q

the people choose supreme court judges / justices (T/F)

A

FALSE
the president does

36
Q

The supreme courts hears hundreds of cases per year (T/F)

A

False they hear less than 100 cases

37
Q

the majority of cases have been heard at the ___

A

state level

38
Q

the supreme court hears fewer than 100 cases per year (T/F)

A

True

39
Q

Out of the 9 judges in the supreme court __(1)__ and __(2)__

A
  1. one is the chief justice
    and 2. 8 are associate justices
40
Q

Circuit courts contain

A

3 justices

41
Q

federal districts courts have

A

one judge each

42
Q

why do judges serve for life?

A

because they are not directly involved in politics since they do not have to campaign for reelection

isolated from political parties when deciding cases

43
Q

function of senate in picking a federal judge

A

advice and consent

44
Q

explain the process of electing a federal judge

A
  1. president nominates
  2. nominee is discussed in senate judiciary committee
  3. candidate must be confirmed by majority vote of full Senate
  4. sworn in
45
Q

senatorial courtesy

A

when a new judge is needed in a lower federal court the president consults with the states senators before a nomination

46
Q

the US supreme court operates on the principle of

A

stare decisis

47
Q

stare decisis

A

today’s decisions are based largely on rulings from the past and tomorrows ruling rely on what is decided today

48
Q

why is stare decisis important?

A

it ensures greater certainty and stability in law and constitutional interpretation

49
Q

the evolution of the supreme court is influenced by (2)

A

john Marshall and judicial review

Political Science (18 decks)

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