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AP Gov > Judicial Branch > Flashcards

Judicial Branch Flashcards

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1
Q

How are supreme court justices picked?

A

The president nominates a person, then the Senate has to affirm the choice.

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2
Q

What is one of the most important supreme court cases?

A

Marbury v. Madison

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3
Q

What was the ruling in Marbury v. Madison?

A

judicial review

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4
Q

What is judicial review?

A

the power to declare congressional and presidential acts invalid because they violate the constitution (as well as national, state, and local laws)

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5
Q

What did the Constitution call for?

A

“one supreme court”

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6
Q

How did Congress create federal courts?

A

Judiciary Act of 1789

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7
Q

Who was the chief justice in Marbury v. Madison?

A

John Marshall

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8
Q

What is the supreme court’s relationship to the constitution?

A

the supreme court is the final interpreter of the Constitution

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9
Q

What does Hamilton say about the Supreme Court?

A

Federalist 78- it is important for the Constitution to have a Supreme Court. “do not have to the power of the sword (executive) or pen (legislative)”

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10
Q

What is a criminal law case?

A

the government charges a person with violating a specific law; it warrants punishment or fine

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11
Q

What is a crime?

A

violation of a law that forbids or commands an activity

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12
Q

What do all penal codes criminalize?

A

rape, murder, and arson

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13
Q

What are penal codes?

A

records all of the laws and punishments for violating them that Congress creates

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14
Q

What is crime a violation of?

A

public order

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15
Q

What are criminal cases in court usually about?

A

tax evasion or the use of computers to counterfeit money or bank checks

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16
Q

What are civil cases?

A

that involve a private dispute arising from such matters as accidents, contractual obligations, and divorce

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17
Q

What do most civil and criminal cases end in?

A

a plea bargain

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18
Q

What is a plea bargain?

A

a defendants admission of guilt in exchange for a lesser punishment

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19
Q

What happens when cases are not settled or abandoned?

A

end in adjuction

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20
Q

What is adjunction?

A

court judgement resolving the parties claims and enforced by the gov

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21
Q

What are the two ways judges make policy decisions?

A
  1. through their rulings on matters that no existing legislation addresses (sets precedent) using common or judge-made law
  2. application of statutes enacted by legislation (how the statute should be used)
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22
Q

What are the US District Courts?

A

Every state has at least one and it is the entry point for the federal court system; tried by a single judge (like a normal court with witnesses and cross examinations)

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23
Q

What are the sources of litigation of the District Courts?

A

-Federal Criminal Cases
-Civil Cases
(these can be brought by individuals or groups)

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24
Q

What is the US Court of Appeals?

A

All district court cases can be appealed to one of these 12 courts (they hear cases in their geographical location); no jury, witnesses, or cross, and three judges

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25
Q

What is a circuit?

A

the geographical location of courts

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26
Q

What are briefs?

A

The written arguments of the courts

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27
Q

What is precedent?

A

a judicial ruling that serves as the basis for the ruling in a subsequent case

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28
Q

What does stare decisis mean?

A

“Let the decision stand”- decision making according to precedent; the original ruling stands

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29
Q

What are the two sources in which cases from the supreme court come from?

A
  1. Original Jurisdiction: the authority of a court to hear a case before any other court does (this mainly pertains to Article 2 Section 2 of Constitution- any matters of state/ambassadors/public ministers)
  2. Appellate Jurisdiction: the authority of a court to hear cases that have been tried, decided, or reexamined in other courts (Congress can eliminate this jurisdiction if needed)
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30
Q

What 2 conditions must litigants in state cases who invoke appellate courts must have?

A
  1. the case must have reached the end of the line in the state court system (cannot just jump from federal to state)
  2. the case must raise a federal question (constitutional, national law, US treaties)
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31
Q

Does the court control its docket?

A

They have complete control

32
Q

How many cases do they take a year?

A

80 out of 9,000

33
Q

What does Centiorari mean?

A

“to become informed”- what the requests are called

34
Q

What do the justices hold weekly? Why?

A

secret meetings to vote on previously argued cases and consider adding new cases to the docket

35
Q

Who preps the cases to be viewed by the justices?

A

the law clerks screen and create summaries.

36
Q

What does the chief justice circulate?

A

a “discuss list” of worthy petitions

37
Q

What is the “rule of four”?

A

an unwritten rule that requires at least 4 justices to agree that a case warrants consideration before it is reviewed by the court

38
Q

What are the majority of supreme court cases?

A

business matters; but they do not get the same coverage as social issues

39
Q

What does the solicitor general do?

A

vital role in agenda setting
-determines whether the gov should appeal the lower courts cases
-reviews and modifies briefs filed in gov appeals
-decides whether the gov should file an amicus curiae brief in any appellate court

40
Q

What is the solicitor general?

A

the third highest ranking member in the US Department of Jusiticeand the one who represents the national gov before the supreme court

41
Q

What is an Amicus Curiae brief?

A

“friend of the court” a brief filed (w the permission of the court) by an individual or group that is not a party to a legal action but has interest in it to provide additional information

42
Q

What 2 major roles does the solicitor general play?

A
  1. advocates for the president’s policy preferences
  2. defends the institutional interests of the national gov
43
Q

What does a normal court cases look like for the supreme court?

A

The attorneys submit briefs. Judges do not discuss matters before the oral argument. Each side gets 30 minutes; sometimes their is a cross. The judges interject with questions.

44
Q

How often are cases seenin the court?

A

Oct- Apr; 2-3 hours a day; 5-6 days a month

45
Q

When do the details of cases become open to the public?

A

a week after the trial, the transcripts are released; CSPAN also has live updates. NO phones are allowed to record or anything in court.

46
Q

What happens when a decision is being made?

A

The judges shake hands and go to the bench. Then the Chief Justice begins the presentation of each case with a summary and his vote followed by a summary and the vote of other justices in seniority.

47
Q

What is judicial restraint?

A

a judicial philosophy by which judges tend to defer to decisions of the elected branches of gov; elected reps make the laws not unelected judges

48
Q

What is Judicial Activism?

A

A judicial philosophy by which the judges tend to not defer to decisions made by the elected branches of gov; use power to promote preferred social and political goals

49
Q

What is an Argument?

A

the heart of the judicial opinion; its logical content separated from facts, rhetoric, and procedure

50
Q

What is unanimous?

A

all judges agree with the judgement and argument

51
Q

What is concurrence?

A

all judges agree on judgement but they have different arguments

52
Q

What is the dissent?

A

The disagreement of a judge with a majority decision

53
Q

Who decides who writes the majority opinion?

A

the chief justice

54
Q

What factors influence who writes the majority opinion?

A

workload, expertise, public opinion, and ability to hold the majority together

55
Q

How does a final majority opinion get finalized?

A

The justice works with law clerks to draft; then copies get get sent out who read and send suggestions and criticisms. Then it gets revised, and the final opinion read is summarized in the courtroom.

56
Q

What are the 3 main jobs of the chief justice?

A
  1. forms the docket and directs the court’s conferences
  2. generates solidarity within the group
  3. provides intellectual and policy leadership
57
Q

What is every case a dispute between?

A

a plaintiff and a defendant

58
Q
A
59
Q

What does standing to sue mean?

A

the plaintiff must have interest in a case to challenge a law

60
Q

What is a class action lawsuit?

A

people in similar scenarios sue

61
Q

How to get to supreme court?

A
  1. Independent regulatory commission or 91 district courts, then 12 appeal courts
  2. important ones go straight to court or can be appealed to federal circuit appeals
62
Q

What are the legislative courts?

A

Military appeals
Federal claims
International trade
Tax court

63
Q

Does the number of justices on the supreme court matter?

A

no

64
Q

What cases are original jurisdiction for the supreme court?

A

matters of state vs:
state(s)
gov
citizen
other govs

65
Q

How can justices be removed?

A

conviction or impeachment (only happened 7 times)

66
Q

What is senatorial courtesy?

A

-for district court, the Senate does not confirm nominees if they are opposed by a senator of the president’s party from the state in which they would serve
-for appellate courts, the Senate does not confirm nominees if they are opposed by a senator of the president’s party from the state in which they reside

This gives senators the power to choose judges, and limits the presidents power.

67
Q

Who is the chief justice right now?

A

John roberts

68
Q

Who is the solicitor general right now?

A

Elizabeth Prelogar

69
Q

How does a case get selected?

A
  1. comes from the federal/state court system and meets requirements
  2. at the meeting, judges discuss cases and go over summaries
  3. rule of four
  4. added to docket
70
Q

How many justices must participate in a vote?

A

6

71
Q

What is the difference between original intent vs. original meaning?

A

intent: it was meant to say this when it was ratified, so the court will uphold that sentiment and precedent
meaning: making modern interpretations of the law

72
Q

What is an originalist view?

A

discarding the contemporary/modern views, and going with the original meanings of the constitution

73
Q

What is the living constitution?

A

the constitution should be adapted for modern problems, it grows with us

74
Q

What is judicial implementation?

A

refers to how a court’s rulings turn into policy because they rely on other branches to make it happen

75
Q

Who are the supreme court associate justices?

A

Clarence Thomas, Samuel Alito, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh

76
Q

What is judicial restraint?

A

the ability to do minimal policymaking roles and defer to legislature as much as possible

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