Judicial Branch Flashcards

1
Q

role of the Supreme Court

A

Any case appealed from the US Court of Appeals is heard (Appellate Jurisdiction)

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2
Q

Judicial review

A

the ability of the Court to declare a Legislative or Executive act in violation of the Constitution

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3
Q

Marbury vs madison

A

About judicial appointments
established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution

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4
Q

Majority opinion

A

the opinion of the majority of justices in a Supreme Court

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5
Q

Stare Decisis

A

holds that courts and judges should honor “precedent”—or the decisions, rulings, and opinions from prior cases

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6
Q

Original Jurisdiction

A

a court’s authority to hear and decide a case for the first time before any appellate review occurs

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7
Q

Writ of Certiorari

A

is a request that the Supreme Court order a lower court to send up the record of the case for review.

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8
Q

judicial review significance

A

Important because it checks the powers of legislative and executive branch and strike down laws that are unconstitutional

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9
Q

Structure of the supreme court

A

There are 9 SC Justices – 1 Chief Justice and 8 Associate Justices
Judges are appointed by the President and approved by the Senate
No listed qualifications for judges
Appointed for life – only way to “quit” is to be impeached, die, or resign
Should not be “partisan” to any party, but may lean liberal or conservative.

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10
Q

Unanimous opinion

A

they all agree about one particular matter or vote the same way

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11
Q

Dissenting opinion

A

expressing disagreement with the majority opinion of the court

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12
Q

concurring

A

be of the same opinion; agree.

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13
Q

Due process

A

fair treatment through the normal judicial system, especially as a citizen’s entitlement.

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14
Q

Substantive due process

A

asks the question of whether the government’s deprivation of a person’s life, liberty or property is justified by a sufficient purpose

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15
Q

Procedural due process

A

whether the government has followed the proper procedures when it takes away life, liberty or property.

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16
Q

US District Courts

A

The United States district courts are the trial courts of the federal court system. This is where federal cases are tried, where witnesses testify, and federal juries serve.
94 federal district courts in the United States.
District courts have original jurisdiction, which means that they preside over cases first. These cases may be either criminal or civil cases.

17
Q

US Court of Appeals

A

There are 12 regional circuit courts, and one for the “Federal Circuit,” that were established by Congress to relieve some of the caseload of the Supreme Court, and to hear cases that are appealed from the 94 district courts.
The courts of appeals have appellate jurisdiction. They are not trial courts and do not hear cases first. Instead, the appellate courts review the decisions of the district courts, and determine whether they were correct.