Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

POLISCI102 Exam 3 > Judicial Branch (Ch 12) > Flashcards

Judicial Branch (Ch 12) Flashcards

1
Q

What is Criminal Law?

A

The branch of law that regulates the conduct of individuals, defines crimes, and specifies punishments for criminal acts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

In Criminal Law cases in which the government is involved, are they the defendant or plaintiff?

A

plaintiff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

In criminal law cases, Can a defendant be forced to testify?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What sort of penalties does Criminal Law define?

A

Fines, public service, imprisonment, death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

In criminal Law cases, What is the standard for someone to be tried as guilty?

A

They have to be guilty beyond a reasonable doubt.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is Civil Law?

A

the branch of law that deals with disputes that do not involve criminal penalties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

In civil law cases, what is the plaintiff?

A

The party that has been legally wronged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

In civil law cases, can the defendant be forced to testify?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the standard for being tried in a civil law case?

A

Preponderance of evidence, whatever the fuck that means

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are penalties in civil law cases?

A

$$$

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is a precedent in the legal system?

A

Previous decisions from prior cases that are used to understand how a law is applied.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is Stare decisis?

A

“Let the decision stand” in which a precedent is used in a case and where the court is hesitant to overturn a precedent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Where can court cases go from the Federal Agencies?

A

Goes to the U.S. District Courts (then U.S. Court of Appeals) where it decides the issues of law and fact, with and without jury or to the U.S. Court of Appeals where they decide questions of law based on briefs and oral argument.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Where do court cases go from the U.S. Court of Appeals in Federal cases/

A

Goes to the Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the court process in the Federal System?

A

Federal Agencies -> U.S. District Courts (then U.S. Court of Appeals) or U.S. Court of Appeals -> U.S. Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

In State Court Trials, what follows the Inferior Trial Courts?

A

It goes to the State Trial Courts, Often known as the Superior Court or Circuit Court where they try questions of law and fact, with and without a jury (Then goes to intermediate appellate court then State Supreme Courts) or straight to the State Supreme Courts where they decide issues of law based on briefs and oral argument.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Where does a case go following the State Supreme Courts?

A

The U.S. Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the process in a state judiciary system?

A

Inferior Court Trials -> State Trial Courts -> State Supreme Courts -> U.S. Supreme Court

Inferior Court Trials -> State Supreme Courts -> U.S. Supreme Courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is one way a case can go to the Supreme Court without having to go through Federal and State jury?

A

Certiorari Discretionary Review

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

How many Circuits (U.S. Court of Appeals) are there?

A

12

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How many U.S. District Courts are there?

A

95

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

How many states have Intermediate Appellate Courts?

A

20

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

How many Supreme Court Justices are there?

A

9

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What type of issues on what law goes to Federal Court?

A

Federal Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What type of issues on what law goes to State Court?

A

State law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

In what situation can state cases be appealed in the federal system?

A

If there has been a violation of the U.S. Constitution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What do trial courts do?

A

They apply law to the facts of a given case, where facts of the case are introduced, judges and juries make sense of how the facts relate to the law, and it takes both law and precedent into account.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What do appellate courts do?

A

It examines whether the law has been applied correctly in a trial court case, where new facts cannot be introduced but if available, the case goes back to a trial court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

How many Federal District courts were heard in 2010?

A

363428

30
Q

How many federal courts of appeal were heard in 2010?

A

56097

31
Q

How many cases were heard by the U.S. Supreme Court in 2010?

A

76

32
Q

How many judges are on the panel as per federal jurisdiction?

A

3 and they only hear appeals they determine have merit.

33
Q

How many Federal Appellate Courts are there?

A

89 in the 50 states, including one for Puerto Rico, Washington D.C. and 3 for U.S. territories, where they are staffed by 679 judges and almost always have 1 per case.

34
Q

All areas of the U.S. and territories are covered by how many circuit courts?

A

1 of 12, where each court has 6-28 judges and each trial usually has 3 judges.

35
Q

Who is the current chief justice of the Supreme Court?

A

John G. Roberts (2005)

36
Q

What is the ideology in the Supreme Court today?

A

Slightly conservative

37
Q

Who is often the swing vote in today’s Supreme Court?

A

Anthony Kennedy

38
Q

Who are the Conservative members of the current Supreme Court?

A 
John Roberts (W Bush)
Samuel Alito (W Bush)
Anthony Kennedy (Reagan)
Clarence Thomas (Bush)
39
Q

Who are the Liberal judges of the supreme court?

A 
Elena Kagan (Obama)
Sonia Sotomayor (Obama)
Ruth Bader Ginsburg (Clinton)
Stephen G. Breyer (Clinton)
40
Q

What Circuit Court is California in?

A

9th and it’s liberal af

41
Q

What is the Role of the Supreme Court?

A

It is the court of law resort, has final interpretation over the Constitution and statutory law, be it state or federal, no state constitution can run contrary to the federal constitution, it is an appellate court (no new facts allowed)

42
Q

What are the traits about the Supreme Court Justices?

A

There are 9, one Chief and 8 Associate

System of Equals, functions on seniority basis

All have equal say, one vote

If Chief sides with majority, he assigns the writing of the majority opinion

If chief sides with minority, the most senior justice in majority assigns writing of majority opinion

43
Q

What is Judicial Review?

A

the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional.

44
Q

Where was judicial review established?

A

In Marbury v. Madison (1803)

45
Q

What is Congress’s Dilemma?

A

make laws too broad, and the executive branch can subvert them; make them too narrow, and they cannot adapt over time.

46
Q

Why is the court hesitant to overturn executive branch decisions?

A

Because Congress can do so

47
Q

In what cases is the SCOTUS more likely to grant a writ of certiorari?

A

An important civil right or civil liberty is at stake

Appellate courts have ruled differently on the same law, and it needs to be applied universally.

The fed. gov’t is filing the appeal or the Solicitor General requests a writ of certiorari

48
Q

What is the procedure of Supreme Court Cases?

A

1) Chamber of Commerce files a petition for a writ of certiorari.
2) Filing of briefs and amicus curiae briefs in support of the petitioner
3) Brief of Solicitor General on behalf of the opponent
4) Case is distributed for conference
5) Petition (certiorari) is granted
6) Date for oral argument is set
7) Briefs and amicus curiae briefs are filed on behalf of petitioner
8) Briefs and amicus curiae briefs are filed on behalf of respondent
9) Oral argument for one hour
10) Decision

49
Q

What is Judicial Activism?

A

refers to judicial rulings suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint

50
Q

What is Judicial Restraint?

A

a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts

51
Q

Does ideology play an important role in Supreme Court Decisions?

A

Yes

52
Q

“Strict constructionists” tend to argue that the Supreme Court

A

should narrowly interpret the Constitution.

53
Q

Stare decisis is a Latin phrase that means

A

let the decision stand.

54
Q

A negotiated agreement in a criminal case in which a defendant agrees to tell the court that he or she is guilty in return for the state’s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing is known as a

A

plea bargain.

55
Q

Because the Supreme Court has so much influence over American law and politics, virtually all presidents have made an effort to select justices who

A

share their political philosophies.

56
Q

How can the solicitor general enter a Supreme Court case even when the federal government is not a direct litigant?

A

by writing an amicus curiae brief

57
Q

If the Supreme Court grants a case a writ of certiorari, it has

A

accepted and will hear the case.

58
Q

In ____ cases, the government is always the plaintiff.

A

criminal

59
Q

In what kind of case does the plaintiff charge that it has suffered because of another’s violation of a specific agreement between the two?

A

contract

60
Q

Justices who disagree with the majority decision of the Court may choose to publicize the character of their disagreement in the form of a

A

dissenting opinion

61
Q

Known as “the Great Writ,” ____ is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion.

A

habeas corpus

62
Q

Opinion assignment is an important power of the ____ when he or she is in the majority.

A

chief justice

63
Q

The Constitution gives the Supreme Court ____ jurisdiction in cases involving foreign ambassadors and issues in which a state is a party

A

original

64
Q

The supremacy clause of Article VI of the Constitution implies that

A

the Supreme Court may review the constitutionality of state laws

65
Q

U.S. district court decisions are mostly made by

A

a single federal judge.

66
Q

What entity chooses or specifies how many justices serve on the Supreme Court?

A

Congress

67
Q

What is the name for the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate’s own state support the nomination?

A

senatorial courtesy

68
Q

What is the next step in the process after the Supreme Court accepts a case?

A

Attorneys on both sides prepare briefs.

69
Q

What is the term for a court’s sphere of power and authority?

A

jurisdiction

70
Q

What is a case that involved the “right to privacy”?

A

Griswold v. Connecticut

71
Q

Why does the solicitor general have such a strong influence on the Supreme Court?

A

The solicitor general screens most cases being appealed by agencies of the federal government and only lets some cases advance.

POLISCI102 Exam 3 (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions