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Judicial Flashcards

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1
Q

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

A

Justice, judge

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2
Q

What do federal courts deal with

A

federal law, constitutional issues, treaties

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3
Q

what happens if a state is named in a court case

A

goes straight to supreme court

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4
Q

Common law

A

legal presented established by the court

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5
Q

regulatory ruling

A

looking at if a regulatory agency is legal or not

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6
Q

statutory ruling

A

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

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7
Q

What comes out of Marbury v madison

A

Judicial review

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8
Q

What does the Judiciary act of 1789 do

A

sets up a 3 court system

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9
Q

What types do district courts hear

A

Trial court, civil or criminal

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10
Q

what types do circut courts hear

A

only appealate civl or ciminal cases

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11
Q

what types do sup court hear

A

both original jurisdiction and appealate cases

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12
Q

how would a case be original jurisdiction in sup court

A

state or ambassador is in the case

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13
Q

ruling of the marbury v madison case

A

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.

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14
Q

litigates in civil cases, who has burden of proof

A

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

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15
Q

litigates in criminals cases

A

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

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16
Q

justiciablity

A

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

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17
Q

amendment 6

A

fair speedy criminal trial

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18
Q

amendment 5

A

grand jury and due process

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19
Q

district criminal courts judges and juries

A

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

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20
Q

what are the 2 types of courts in district courts

A

regular, bankruptcy

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21
Q

district civil jury and judges

A

just pedit jury to determine guilt, maidtrate judges

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22
Q

what is a magistrate judge

A

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

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23
Q

who has a US attorney

A

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

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24
Q

how does US attorney get office and what they do

A

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

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25
Q

what happens if you dont have an attorney

A

public defenders office provides you with one

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26
Q

how do circut courts get trials

A

they have to take all appeals

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27
Q

what happens if a criminals case is decided in district court

A

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

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28
Q

what are circut court trials about

A

legal, constitutional, not about guilt or innocence

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29
Q

how does circut come to agreement

A

3 jusge panel and its majority rules.

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30
Q

what courts are binding

A

supreme court, basically circut but not actually

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31
Q

what is remand back

A

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

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32
Q

When is a Supreme court case chosen

A

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

33
Q

what in congress sets number of seats

A

senate judiciary comitee

34
Q

when does supreme court start

A

first monday of october- april

35
Q

how is an appeal voted on to go to supreme court

A

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

36
Q

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

A

anyone can submit briefs by issuing amicus curide

37
Q

what is the supreme court calander

A

docette

38
Q

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

A

petetioner vs respondent, both get to talk for 30 min

39
Q

what does the cheif justice do

A

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

40
Q

who represent the US in SC case

A

the solicitor general represents governemt and is appointed by the president

41
Q

what is neccesary for the SC to vote on ruling

A

6 have to be there, 5 have to vote

42
Q

what are the different types of opinion

A

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

43
Q

when can an opinion be issued

A

only on fully heard cases

44
Q

what is an unsigned opinion

A

pqrceium opinion where they go through briefs and issue opinion

45
Q

what are non chief members of supreme court named

A

associate justices

46
Q

what is judicial implementation

A

where they call on executive branch to implement the policy

47
Q

what is judical restraint

A

trying to let legistaltion do their job

48
Q

what is judicial activism

A

legislation from bench

49
Q

senatorial coirtesy

A

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

50
Q

Writ of Certiorari

A

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

51
Q

Writ of Mandamus

A

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

52
Q

Stare decisis

A

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

53
Q

majority opinion

A

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

54
Q

dissenting opinion

A

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.

55
Q

appellate jurisdiction

A

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

56
Q

Original jurisdiction

A

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.

57
Q

Political Question doctrine

A

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

58
Q

Standing to sue

A

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.

59
Q

Legislative courts

A

Courts that hear only certain types of cases such as bankrupcy

60
Q

constitutional courts vs legislative courts

A

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

61
Q

What is the original intent?

A

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

62
Q

Class action

A

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

63
Q

amicus curiae

A

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.

64
Q

Concurring opinion

A

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.

65
Q

dual court system

A

state and federal matters are handled separately.

66
Q

litmus test

A

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.

67
Q

adversary system

A

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

68
Q

Grand Jury

A

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

69
Q

Plea Bargin

A

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

70
Q

warren court

A

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.

71
Q

Burger court

A

1969 to 1986, when Warren Burger served as Chief Justice

72
Q

Marshall court

A

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

73
Q

Rehnquist court

A

William Rehnquist served as Chief Justice

74
Q

due process

A

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

75
Q

Equal protection clause

A

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

76
Q

Exclusionary rule

A

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

77
Q

Incorporation

A

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.

78
Q

Prior restraint

A

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.

79
Q

Symbolic speech

A

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

government (5 decks)

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