Judicial

Question 1

what are the supreme court judges named+ what are all the others named

Answer 1

Justice, judge

Question 2

What do federal courts deal with

Answer 2

federal law, constitutional issues, treaties

Question 3

what happens if a state is named in a court case

Answer 3

goes straight to supreme court

Question 4

Common law

Answer 4

legal presented established by the court

Question 5

regulatory ruling

Answer 5

looking at if a regulatory agency is legal or not

Question 6

statutory ruling

Answer 6

looking through bills passed by congress to see if they are legal

Question 7

What comes out of Marbury v madison

Answer 7

Judicial review

Question 8

What does the Judiciary act of 1789 do

Answer 8

sets up a 3 court system

Question 9

What types do district courts hear

Answer 9

Trial court, civil or criminal

Question 10

what types do circut courts hear

Answer 10

only appealate civl or ciminal cases

Question 11

what types do sup court hear

Answer 11

both original jurisdiction and appealate cases

Question 12

how would a case be original jurisdiction in sup court

Answer 12

state or ambassador is in the case

Question 13

ruling of the marbury v madison case

Answer 13

Marbury won, but it said that clause 13 of the judiciary act of 1789 was unconstitutional since it purported to extend the Court’s original jurisdiction beyond that which Article III, Section 2, established. definition in the constitution. the ruling did not mean that Marbury got his postion though, just that it should not have been in the sc.

Question 14

litigates in civil cases, who has burden of proof

Answer 14

plantiff (has burden of proof) the sue person, defendant was the person being sued

Question 15

litigates in criminals cases

Answer 15

prosecution (burden of proof) is the government, defendant person in question

Question 16

justiciablity

Answer 16

Justiciable refers to a matter which is capable of being decided by a court

Question 17

amendment 6

Answer 17

fair speedy criminal trial

Question 18

amendment 5

Answer 18

grand jury and due process

Question 19

district criminal courts judges and juries

Answer 19

2 or more judges, 2 juries, Grand jury for indictment (see enough evidence for charge), pedit jury determines guilt

Question 20

what are the 2 types of courts in district courts

Answer 20

regular, bankruptcy

Question 21

district civil jury and judges

Answer 21

just pedit jury to determine guilt, maidtrate judges

Question 22

what is a magistrate judge

Answer 22

appointed, fixed term, hearing pretrial motions only, in a district court

Question 23

who has a US attorney

Answer 23

every district has one, there are many assistant attorneys workling with them

Question 24

how does US attorney get office and what they do

Answer 24

appointed, aprv by congress, works with DOJ and rep gov if in case, prosecutes victims

Question 25

what happens if you dont have an attorney

Answer 25

public defenders office provides you with one

Question 26

how do circut courts get trials

Answer 26

they have to take all appeals

Question 27

what happens if a criminals case is decided in district court

Answer 27

there can only be an appeal from the party if they assume a sentencing errors, the serious error of law, abuse of discretion, ineffective counsel, improper jury conduct, and prosecutorial misconduct. The federal government cannot appeal criminal cases

Question 28

what are circut court trials about

Answer 28

legal, constitutional, not about guilt or innocence

Question 29

how does circut come to agreement

Answer 29

3 jusge panel and its majority rules.

Question 30

what courts are binding

Answer 30

supreme court, basically circut but not actually

Question 31

what is remand back

Answer 31

in circut court when they are told to hear the trial again from previous courts

Question 32

When is a Supreme court case chosen

Answer 32

if there is a big constitutional disagreement, if there is a discresion between circut and og jurisdiction and other og jurisdiction cases like treaties, states and forigen gov

Question 33

what in congress sets number of seats

Answer 33

senate judiciary comitee

Question 34

when does supreme court start

Answer 34

first monday of october- april

Question 35

how is an appeal voted on to go to supreme court

Answer 35

the justices vote on petition and if 4 agree to take the case, there is a writ of certorar to send case up

Question 36

what is the first thing that happens in a supreme court case

Answer 36

anyone can submit briefs by issuing amicus curide

Question 37

what is the supreme court calander

Answer 37

docette

Question 38

what happens after brief in sc+ what are both sides named

Answer 38

petetioner vs respondent, both get to talk for 30 min

Question 39

what does the cheif justice do

Answer 39

presides over court, control budget, creates opinion on case and sets presendent on case

Question 40

who represent the US in SC case

Answer 40

the solicitor general represents governemt and is appointed by the president

Question 41

what is neccesary for the SC to vote on ruling

Answer 41

6 have to be there, 5 have to vote

Question 42

what are the different types of opinion

Answer 42

majority, concuring (voted w maj for diff reason), decenting (minority voting)

Question 43

when can an opinion be issued

Answer 43

only on fully heard cases

Question 44

what is an unsigned opinion

Answer 44

pqrceium opinion where they go through briefs and issue opinion

Question 45

what are non chief members of supreme court named

Answer 45

associate justices

Question 46

what is judicial implementation

Answer 46

where they call on executive branch to implement the policy

Question 47

what is judical restraint

Answer 47

trying to let legistaltion do their job

Question 48

what is judicial activism

Answer 48

legislation from bench

Question 49

senatorial coirtesy

Answer 49

president speaks with senators from state of appointed district court and make sure they are respectable.

Question 50

Writ of Certiorari

Answer 50

court process to seek judicial review of a decision of a lower court to the supreme court

Question 51

Writ of Mandamus

Answer 51

order from a court to an inferior government official ordering the government official to properly fulfill their official duties

Question 52

Stare decisis

Answer 52

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

Question 53

majority opinion

Answer 53

A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision

Question 54

dissenting opinion

Answer 54

A dissenting opinion is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.

Question 55

appellate jurisdiction

Answer 55

the Court has the authority to review the decisions of lower courts

Question 56

Original jurisdiction

Answer 56

Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers.

Question 57

Political Question doctrine

Answer 57

rule that Federal courts will refuse to hear a case if they find that it presents a political question.

Question 58

Standing to sue

Answer 58

Standing to sue refers to having the right to file a lawsuit. The plaintiff must provide sufficient evidence to convince the jury that the defendant's conduct directly resulted in the plaintiff's injuries and damages.

Question 59

Legislative courts

Answer 59

Courts that hear only certain types of cases such as bankrupcy

Question 60

constitutional courts vs legislative courts

Answer 60

Constitutional courts exercise the judicial power described in Art. III of the Constitution; legislative courts do not and cannot

Question 61

What is the original intent?

Answer 61

the notion that the judiciary should interpret the Constitution (including its amendments) in accordance with the understanding of its framers

Question 62

Class action

Answer 62

one of the parties is a group of people who are represented collectively by a member or members of that group.

Question 63

amicus curiae

Answer 63

An amicus curiae is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case.

Question 64

Concurring opinion

Answer 64

an appellate opinion of one or more justices or judges which supports the result reached in a case for reasons not stated in the majority opinion.

Question 65

dual court system

Answer 65

state and federal matters are handled separately.

Question 66

litmus test

Answer 66

a litmus test is a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination.

Question 67

adversary system

Answer 67

adversary system resolves disputes by presenting conflicting views of fact and law to an impartial and relatively passive arbiter, who decides which side wins what

Question 68

Grand Jury

Answer 68

The purpose of the Grand Jury is to hear testimony from witnesses and review the State's evidence to determine if there is probable cause to issue an indictment against a suspect

Question 69

Plea Bargin

Answer 69

A defendant agrees to admit they are guilty of a criminal offense, rather than making the prosecutor prove their guilt beyond a reasonable doubt.

Question 70

warren court

Answer 70

The Warren Court was the period in the history of the Supreme Court of the United States during which Earl Warren served as the chief justice.

Question 71

Burger court

Answer 71

1969 to 1986, when Warren Burger served as Chief Justice

Question 72

Marshall court

Answer 72

1801 to 1835, when John Marshall served as the fourth Chief Justice

Question 73

Rehnquist court

Answer 73

William Rehnquist served as Chief Justice

Question 74

due process

Answer 74

due process, a course of legal proceedings according to rules and principles that have been established in a system of jurisprudence for the enforcement and protection of private rights

Question 75

Equal protection clause

Answer 75

clause of the 14th amendement that restricts states: nor shall any State deprive any person of life, liberty, or property,

Question 76

Exclusionary rule

Answer 76

a law that prohibits the use of illegally obtained evidence in a criminal trial.

Question 77

Incorporation

Answer 77

The incorporation doctrine is a constitutional doctrine through which parts of the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Incorporation applies both substantively and procedurally.

Question 78

Prior restraint

Answer 78

judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.

Question 79

Symbolic speech

Answer 79

Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards