Judiciary Flashcards
Equal Justice under the Law
all who appear in a US court must be treated as equals
Due Process
a guarantee that the government must act fairly and follow established rules
Substantive Due Process - deals with the laws themselves
Procedural Due Process - deals with how the laws are carried out
Presumption of Innocence
accused individuals are innocent until proven guilty
Adversarial System
to work out a question of fact needs to sides (adversaries)
Civil Case
two individuals/groups can’t come to an agreement (divorce). Plaintiff vs. Defendant. Decision based on balance of probabilities.
Criminal Case
an individual is accused of breaking the law (theft). Government vs. Accused. Decision based on evidence. Guilty of Not Guilty
Grand Jury
group of 24-48 that decide whether a trial should commence
Plea Bargaining
agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial
Settlement
the parties negotiate and the issue becomes how much each party is willing to give up to end the lawsuit
Plantiff
person who initiates the lawsuit
Defendant
the person accused
Types of Jurisdiction
Original - ability to hear a case for the first time
Appellate - ability to review decisions of lower courts
(Supreme Court has both types of jurisdiction)
Order of Courts
District Courts (Federal or State)
Court of Appeals (circuit courts)
Supreme Court
Appointment Process
all judged appointed by president for lifetime terms. impeachment is the only method of remove. confirmation process has become very political
Senatorial Courtesy
senators not to vote for any presidential nominee who is opposed by the senators from the nominee’s home state
Judicial Restraint
reluctant to overturn acts of legislature. take the constitution seriously
Judicial Activism
is not bothered by overturning legislative action
Process of Cases to Supreme Court
most cases are denied by the Supreme Court. but, it 4/9 justices agree, the court issues a write of certiorari (legal document requesting lower court transcripts of the case)
Judicial Review
power of judicial to determine constitutionality of laws (created from Marbury v Madison)
Types of Court Opinions
Unanimous - when all the justices agree
Majority - opinion that decides the results of the case
Concurring - justices that agree with vote but have different reasoning
Dissenting - questions reasoning of other side
Limits to the Supreme Court’s Power
- Constitutional amendment
- Judicial Confirmations/Appointments
- Legislation that changes the jurisdiction of a court
- Legislation to counteract ramifications of Supreme Court Decisions
- Since the Supreme Court doesn’t have the power to enforce its decisions (and needs the executive to do that), the president and states can just refuse
Stare Decisis
that courts and judges should honor “precedent” or the decisions, rulings, and opinions from prior cases
