Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

AP Gov > Judicary > Flashcards

Judicary Flashcards

You may prefer our related Brainscape-certified flashcards:
U.S. Government Basics flashcards AP® U.S. Government flashcards
1
Q

Qualifications

A

nominated by the president
confirmation by us senate

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

Powers

A

Judicial review
holds that the courts are vested with the authority to determine the legitimacy of the acts of the executive and the legislative branches of government.

Overturn lower court, i.e. not abide by stare decisis

the legal principle of determining points in litigation according to precedent.

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

Jurisdiction

A

the official power to make legal decisions and judgments

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

Original court

A

Original jurisdiction means that the court has the right to hear the case first.

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

appellate court

A

Appellate jurisdiction means that the court hears an appeal from a court of original jurisdiction

(especially of a court) concerned with or dealing with applications for decisions to be reversed.

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

Fed. #78

A

has to do with judiciary review

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Judiciary Act of 1789, what did it do?

A

it gave structure to our current judicial system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Marshall Court

A

(john marshall expanding the the power the supreme court)
Marshall Court
Early 1800’s
Expansion of SCOTUS power thru judicial review
Thus expands the power of the central govt, how?
Marbury, McCulloch, Gibbons

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

marbury v Madison

A

created the doctrine of judicial review and set up the Supreme Court of the United States as the chief interpreter of the Constitution.

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

writ of mandamus

A

to properly fulfill their official duties or correct an abuse of discretion..

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

mcCulloch v Maryland

A

the Supreme Court ruled Congress can use constitutional power to build a national bank.
supremacy of federal law

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

gibbons v ogden

A

Congress has the power to “regulate commerce” and that federal law takes precedence over state laws.

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

Taney courts

A

Mid-1800’s
Dominated by Southerners, slave owners
Promoted?
-state rights and property rights
Dred Scott

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

Dred scott case

A

-Dred Scott v. Sandford, 60 U.S. 393, was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and thus they could not enjoy the rights and privileges the Constitution conferred upon American citizens

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

1860 - early 1900s

A

Dealt with questions regarding regulation of economy
Progressive goals v. laissez-faire
Narrow interpretation of 14th and 15th Amd (Plessy)

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

plessy court case

A

plessy v ferguson
plessy was 1/8th black
1896
could segregate if their equal

Plessy v. Ferguson was important because it essentially established the constitutionality of racial segregation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

14th amedment

A

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

15th amedment

A

the United States Constitution prohibits the federal government and each state from denying or abridging a citizen’s right to vote “on account of race, color, or previous condition of servitude.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

new deal era

A
  • Dominated by aging conservatives
  • Resist FDR’s New Deal legislation
  • Court packing, “a switch in time that saved 9”
20
Q

Unconstitutional → NIRA, AAA…why?

A

agricultural adujusment act
National Industrial Recovery Act
it unduly burdened processors with taxes, money that was then used to fund the subsidies for farmers. The Court decided that this power should have been reserved for the states, via the Tenth Amendment.

21
Q

warren court

A

1953-1969
Warren appointed by Ike, big disappointment, why?
Precedents established reshaped the realm of personal liberties
Solidly liberal, much criticized by conservatives then and now
Brown, Miranda, Gideon, Mapp v Ohio

22
Q

mapp v Ohio

A

exclusionary rule - this case found that the exclusionary rule, which prohibits prosecutors from using evidence acquired illegally in violation of the Fourth Amendment, applies to both federal and state governments

23
Q

burger court

A

1969-1986
Appointed by Nixon
More conservative than Warren, no fundamental reversals though
Precedents are mixed
Roe, Weber, US v. Nixon

24
Q

Rehnquist court

A

1986-2006
Appointed by Reagan
Conservative court
No monumental reversals
Incremental restrictions (abortion)
Many pro-state decisions

25
Q

Roberts court

A

2006-present
Appointed by Bush2
Conservative
Handling less cases
Wedge topics leading to more 5-4 decisions
Heller v. DC, 2006 (gun), Citizens United v. FEC, Affordable Care Act (King V. Burwell, 2015), marriage equality (Obergefell v. Hodges, 2015)

26
Q

Article 3 Courts

A

3 tiers: district courts, court of appeals, and SCOTUS

27
Q

District courts

A

Original jurisdiction
94 districts, 93 federal prosecutors, 650 judges
at least 1 per state
hear cases where:
federal govt is a party
federal question
constitutional question
federal statute

28
Q

courts appeals

A

appellate jurisdiction
12 reg. courts, 200 judges
Fed. Circuit Court (13th court) (1982) (patents, trademarks, US govt. is a party)(national jurisdiction)
hear all manner of appeals
usually tribunal, rarely en banc
often rely on stare decisis
only apply to that geographic region (9th circuit, Pledge)

29
Q

SCOTUS: supreme court o the United States

A

9 members (1 CJ, 8 AJ)
most usually appellate
sit en banc - means on the bench
final arbiter - someone who has the power and responsibility to make judgments and decisions that cannot be changed by anyone else:
small staff, 400 or so
CJ presides over public sessions, conducts private conferences, assigns opinion writing, oath of office

30
Q

who are the members of SCOTUS(include ideology who they where appointed by)

A

john roberts cheif justice, appointed by George W. Bush jr, moderate conservative , 2nd olesst
Clarence Thomas associate justice, appointed by George W. Bush, conservative , oldest member
Samuel A. Alito, Jr., Associate Justice, nominated by George W. Bush, conservative
Sonia Sotomayor, Associate Justice, nomitnated by Barack Obama liberal
Elena Kagan, Associate Justice, nominated by barack obama, liberal

Neil M. Gorsuch, Associate Justice, nominated by Donald J. trump, conservative
Brett M. Kavanaugh, Associate Justice, nominated Donald J. trump, conservative

Amy Coney Barrett, Associate Justice, nominated by Donald J. trump, conservative

Ketanji Brown Jackson, Associate Justice, more moderate, Joeseph R. Biden

31
Q

Article 1 Courts

A

Aka legislative courts
Created thru constitutional powers provided to the Congress
Specialized tasks (tax, military appeals)
Judges have fixed terms

32
Q

judical review

A

holds that the courts are vested with the authority to determine the legitimacy of the acts of the executive and the legislative branches of government.

33
Q

original intent

A

judicial discretion
What should guide decision-making?
act according to the dictates of their own judgment and conscience within general legal principles.
Loose v. strict

34
Q

What is judicial restraint?

A

the concept of a judge not injecting his or her own preferences into legal proceedings and rulings.

35
Q

What is judicial activism?

A

the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law.

36
Q

Pro’s/Con’s of judicial activism?

A

pros
It creates an equilibrium in different government departments.

It enhances people’s faith in the judiciary
Where the law fails to meet the expectations, judicial activism comes into play.

Judicial activism helps judicial mechanisms to prevent haste misuse of power by the state machinery.

Aids in speedy justice.

cons
The judgements delivered via judicial activism mode set a basic rule for other judgements.

Recurring review of judgements can result in a loss of faith in the judiciary.

State and Central machinery functioning become limited with judicial activism.

Statutory and legislative laws are violated.
Decisions or orders can be influenced for personal gains.

37
Q

Getting on the Bench

A

Nomination - by the president
Lower Federal Courts
general procedure
senatorial courtesy
SCOTUS

38
Q

factors affecting nomanation

A

experience
age
ideology/more moderate
race and gender

39
Q

confrimation proccess

A

FBI vetting
ABA vetting
Senate Judiciary Committee

40
Q

Recent appointments?

A

Carter
Reagan
Bush1
Clinton
Bush2
Obama
Trump

41
Q

How/Which cases get to SCOTUS?

A

Approx. 7500 cases submitted per term
SCOTUS controls docket, less than 100
2 most common routes of appeal:
Writ of certiorari, aka a cert
all cert’s must meet 2 req.
In forma pauperis
conference, once per week, discuss list
rule of 4
case selection previewed by clerks (lawyers straight from college)

42
Q

what is rule 4?

A

4 members of the court what to hear the case then they can hear that case. majority rule.

43
Q

How does a case survive the process?

A

Solicitor General, 10th Justice
The Solicitor General determines the cases in which Supreme Court review will be sought by the government and the positions the government will take before the Court.
the represent the
10th: because they become a justice eventually
not usually asking the court of all manners of cases. when they bring in the cases the court takes. The courts respect the cases the solicitor general gives.
changes president to president
Amicus curiae briefs
friend of the court
breif, legal argument
who asks for a Amicu curiae brief - people who think that it’ll directly impact them
the more it affects people the more likely they are to hear that case

standing
that you’ve been negatively impacted by the law

44
Q

SCOTUS

A

Accept case, parties file briefs, invite amicus briefs
Date selected for oral arguments
Oral arguments occur, 30 min per side, questioned by justices
Justices will conference, CJ presides, speak in order of seniority, tentative vote taken
CJ directs opinion writing, many drafts, can hinge on few words
Types of decisions
Majority
Concurring
Dissenting - minority opinion
Per Curium
decisions made public, June/July, binding in all 50 states and US territories

45
Q

Factors affecting how justices vote?

A

Judicial philosophy, restraint v. activism
Precedent - so they dont damage the credibly of the court
Behavioral traits
Ideology
Strategy
Public opinion

46
Q

Checks on Judicial Power

A

Decisions can be ignored/resisted
Lack enforcement powers - rely on other branch to enforce their will
Confirmation
Impeachment
New laws
New amendments
Altering jurisdiction - can cannot handle, we have broad jurisdiction but you can alter it bay making it larger or narrower
Public opinion

AP Gov (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions