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AP Government > Judiciary > Flashcards

Judiciary Flashcards

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1
Q

What did the framers intend for the judiciary to be a check on?

A

President and Congress

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2
Q

Framers protected the judiciary shifts in public opinion and the rest of the gov by…

A

Rejecting direct election
Excluded house from confirmation power.

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3
Q

What is the adversary system?

A

Court of law is a neutral arena where two parties argue their differences.

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4
Q

What is criminal law?

A

Law that defines crimes against the public order.

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5
Q

What is civil law?

A

Law that governs relationships between individuals and defines their legal rights.

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6
Q

Who is a prosecutor?

A

Gov lawyer who tries criminal cases (district or U.S. attorney)

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7
Q

Who is the defendant?

A

Person or party accused of an offense.

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8
Q

What is a plea bargain?

A

Agreement between prosecutor and defendant that defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

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9
Q

What is a justiciable dispute?

A

A dispute growing out of an actual case or controversy that is capable of settlement by legal methods.

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10
Q

What is a plaintiff?

A

Party instigating a civil lawsuit.

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11
Q

What is a solicitor general?

A

Third ranking official in Dept. of justice who is responsible for representing I.S. In cases before Supreme Court.

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12
Q

What is the public defender system?

A

Arrangement where officials are hired to provide assistance for people who can’t afford one.

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13
Q

What is the vetting process?

A

An in depth background check.

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14
Q

What are the three court levels?

A

Supreme Court
Court of Appeal (circuit)
District Courts

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15
Q

What is appellate jurisdiction?

A

Authority to review appeals and decisions from lower courts.

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16
Q

What is original jurisdiction?

A

Authority to hear the case first.

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17
Q

Which courts have appellate jurisdiction? Which ones have original jurisdiction?

A

Supreme Court and courts of appeal
District courts and (sort of) Supreme Court.

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18
Q

How many district courts are there?

A

94 judicial districts in 50 states and territories.

19
Q

How many circuits are there?

A

12 regional circuits including D.C.

20
Q

What cases do district courts handle?

A

Cases violating federal law or involving federal civil law.
Civil servants in which litigants are from different states
Bankruptcy proceedings and process of naturalization.

21
Q

What are the four traits of American court system?

A

Innocent until proven guilty
Is an adversarial system
Cases must be justiciable disputes
Courts rely on decisions of higher courts.

22
Q

How does article 3 of the constitution relate to judiciary?

A

Instructs and deals with judiciary.

23
Q

What power does Congress have over the judiciary?

A

Can establish lower courts.

24
Q

What did the Judiciary act of 1789 do?

A

Established 3 tiered system.

25
Q

Who are the nine Supreme Court justices?

A

John G. Roberts
Clarence Thomas
Samuel Alito
Neil Gorsuch
Elena Kagan
Ketanji Brown Jackson
Amy Coney Barrett
Brett Kavannaugh

26
Q

What is senatorial courtesy?

A

Presidential custom of submitting the names of prospective appointees for approval to senators.

27
Q

From who do presidents receive advice about judicial appointees?

A

Congress, Whitehouse Staffs, and the justice dept.

28
Q

What are two threats of of judicial nominees not being confirmed?

A

Blue slips
Filibuster

29
Q

What can president do if filibuster or other delay in decision to confirm about judicial nominees?

A

Option of recess appointment after senate adjourns.

30
Q

What is judicial activism?

A

Philosophy that judges should freely strike down laws enacted by democratically elected branches.

31
Q

What is judicial restraint?

A

Philosophy that judges should strike down the actions of elected branches only if they clearly violate the constitution.

32
Q

Supreme Court cases set precedents for the law through what principle?

A

Stare decisis

33
Q

What are the eight steps to judgement in the judiciary?

A

Reviewing appeals
Granting the appeal

34
Q

What is a writ of certiorari?

A

Formal writ used to bring a case before Supreme Court.

35
Q

What is a in forma pauperis?

A

Petition which avoids paying court fees.

36
Q

What is a docket?

A

List of potential cases that reach the Supreme Court.

37
Q

How does court decide to move forward on a case?

A

With the rule of 4, at least four justices must be sufficiently interested in a petition.

38
Q

How do appeals finally get to the justices?

A

Justices’ law clerks work as a group in what is known as writ of certiorari pool, to read petitions and write a memorandum recommending a review should it be granted or not.

39
Q

What are the two different opinions of the court?

A

Dissenting opinion: opinions disagreeing with majority
Concurring opinion: opinion that agrees with majority but differs on reasoning.

40
Q

What are the ideals of judicial restraint?

A

Conservative

41
Q

What are the ideals of judicial activism?

A

Liberal

42
Q

What is double jeopardy?

A

Can’t be tried for the same crime in the same court but can be tried for the same action in a different court.

43
Q

What was the case of Obergefell vs. Hodges?

A

Same sex couples in Ohio Michigan sued state agencies to challenge constitutionality of state bans on same sex marriage. They argued that the states violated the 14th amendment. The court settled in favor of these claims.

44
Q

What was the case of Brown vs. Board of Education?

A

Argued that segregation of schools violated the equal protection clause of the 14th amendment. Court ruled that this was unequal therefore violating the 14th amendment.

AP Government (43 decks)

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