Exam 3 Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What must a judge do to obtain tenure?

A

good behavior

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

which is the weakest of all 3 branches? why?

A

judicial branch, they aren’t in charge of the Purse or The Sword. They can only apply the law when a case is brought to them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What does the 3rd article of the constitution talk about?

A

creates judicial branches in the US

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the judicial branch?

A

A system of courts that looks at law and applies it to different cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Section 1 of Article 3 of the Constitution talks about what?

A

it creates the federal courts and the Supreme court and 1 chief justice.
-Also speaks about judges holding office for the rest of their lives. their pay cannot decrease, only increase.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does Section 2 of article 3 talk about?

A

it talks about the powers of the judicial branch.

  • The supreme court has original jurisdiction
  • crimes have to be tried by juries, unless the defendant doesn’t want
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does section 3 of article 3 talk about?

A

Only talks about treason.

  • treason is when someone tries to attack of wage war against the US,
  • to prove that someone has committed treason there must be at least 2 witnesses.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The supreme court might be above politics except for the fact that

A

court judgments are influenced by the political principles of the justices

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

According to Hamilton, the judiciary has neither the power of _______ nor the power of ______

A

nor the power of force, nor the power of will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

how did circuit courts get their name?

A

judges would “ride circuit” on horseback or in carriages to hear cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Whats the role of the judiciary branch?

A

to resolve disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what does it mean by “judges only rule on a case by case basis”?

A

they only rule on cases that are brought to them by third parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what is judicial review?

A

the power of all courts to declare actions of the government unconstitutional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what is the Role Of Precedent?

A

the decisions of higher courts control actions of lower courts..
-lower courts must follow precedents (rulings and reasoning of previous legal cases) of higher courts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Where are most criminal and civil cases heard?

A

State courts.(98%)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What legal system does the US rely on?

A

Commons Law

17
Q

What are precedents?

A

the rulings and reasoning of previous cases

18
Q

What does the Supremacy Clause of the U.S. Constitution mean for the states?

A

The laws of all states must conform to the Constitution, its amendments, and related federal judicial rulings

19
Q

What would happen if cases were decided based on written law alone?

A

inconsistencies might emerge in the rulings issued by different judges.

20
Q

What does it mean for a court to have appellate jurisdiction?

A

The court gets to hear a case that was tried by a different court already

21
Q

in an appeal process…

A

no new evidence or facts may be introduced

22
Q

Justice of the peace courts have original jurisdiction over what types of cases?

A

class C misdemeanor cases and small claims

23
Q

how many municipal cases in 2012?

A

926

24
Q

What do texas district courts have original jurisdiction to?

A

all felony cases, divorce cases, and cases involving titles of land

25
Q

what are basic problems with public policy?

A
  • people have unlimited wants
  • government has limited resources
  • reality check
26
Q

nutrition labels on food products and published home loan rates are examples of what?

A

protective regulatory policies

27
Q

people e benefits of regulations but not the what?

A

cost

28
Q

what was poverty line percentage In 2012?

A

15%

29
Q

what are entitlements?

A

programs offering benefits to all those who qualify for assistance

30
Q

what do protective regulatory policies do?

A

supply information or prohibit certain activities (ex. cigarette warnings, food labeling)

31
Q

what do distributive policies do?

A

Distribute tax money to public work projects such as roads, airports, etc

32
Q

What are redistributive laws?

A

take tax money from one group and provide goods or services to another group