Judicial Branch Flashcards

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1
Q

Amius Curia

A

A brief issued by a 3rd party explaining their position on the case

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2
Q

Judiciary Act of 1789

A

Fleshed out the nature and organization of the court system

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3
Q

Rule of 4

A

Cases are only reviewed if at least 4 justices want to review it

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4
Q

Precedent

A

A judicial decision that guides future cases

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5
Q

stare decisis

A

the practice of letting a previous precedent stand

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6
Q

Criminal law

A

when a crime has been committed, prosecutor vs defendant

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7
Q

Civil law

A

when someone’s rights/agreement has been violated, plantiff vs defendant

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8
Q

Majority decision

A

a binding supreme court decision that is used as precedent for future cases

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9
Q

concurring oppinion

A

an opinion that agrees with the majority decision, but has different reasoning and no precedent

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10
Q

dissenting oppinion

A

an opinion that disagrees with the majority and does not have precedent

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11
Q

Checks on Supreme Court Power

A

Must maintain prestige withing public, congress and states may amend constitution, congress may write legislation that modifies impact of supreme court decisions

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12
Q

Judicial Supremacy

A

the supreme court should be the authoritative interpreter of the constitution.

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13
Q

Strict Construction

A

Interpreting the constitution through the intentions of people who wrote it, strictly adhering to what was written in the constitution

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14
Q

Loose Construction

A

Interpreting the constitution more broadly

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15
Q

Who votes on supreme court justices

A

the senate

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16
Q

Why are judges elected in some states?

A

people feared that legislators and governors were too close to appointed judges, undermining judicial independence. They thought that judicial independence isolated them from partisan patronage.