Judiciary Test Flashcards
How was judicial review established?
Marburg v. Madison
Allows courts to rule on the constitutionality of laws and actions
Judicial review
Why do Americans rely so heavily on courts?
To resolve political questions
Most American law is based on
English common law
Deciding new cases with reference to former decisions
Precedent
The ongoing tradition of letting a case stand and using it for the basis for other rulings
Stare decisis
What are the main sources of American law?
Federal/ state constitutions, statutes, and administrative law
Judicial interpretations of common law principles, interpretations of constitution, statutory and administrative law
Case law
The dual court system is
State and federal courts
The federal court derives it power from
Jurisdiction
The federal courts power is given to them in
Article 3 of the constitution
When a case involves to people from different countries or different states
Diversity of citizenship
Cases are heard for the first time
Trial courts
Trials are reheard for an appeal
Appellate courts
Are federal courts located in every state?
Yes
When can a Supreme Court rehear cases?
If a federal question is involved
A document trying to sway the court in one way because an interest group has an interest in the ruling
Amicus Curia brief
Hears a broad range of cases
General jurisdiction
Tried cases only involving certain types of claims
Limited jurisdiction
Issued when the Supreme Court decides to grant a petition for review, it orders lower courts to send a record of the case
Writ of certiorari
The ruling with the reasons for ruling
Opinion of the court
All justices agree on a ruling
Unanimous opinion
Outlines the views on a case that the majority of the judges agree with
Majority opinion
A justice wants to point out specific points involving a case
Concurring opinion
Written when a judge disagreed with the majority
Dissenting opinion
To send a case back to the court the originally held it
Remand
To state a ruling is valid and must stand
Affirm
Attorneys present reasons why the judges should real in their favor at an appellate court
Oral argument
A tradition allowing a senator to veto a judicial appointment in his or her state
Senatorial courtesy
Regarding senatorial courtesy in the 21st century republicans
No longer allowed senatorial courtesy
Demographics of the Supreme Court
Previously judges, Protestant, college graduates, 51-60, white males
What percentage of Supreme Court nominations have been rejected or not acted on?
20%
The first female Supreme Court judge
Sandra Day O’Connor
Was O’Connor a conservative?
At first but she changed after being in office for a while
A female judge that was supposed to replace O’Connor was declined her appointment. When she was deemed inadequate
Harriet Miers
The federal judiciary should make changes and check the actions of the rest of the government
Judicial activism
The idea that rulings should be made based on how the founders viewed things when writing the constitution
Strict construction
What current judge is a strict constructionist?
Antonio Scalia
Who are the current judges?
Antonio Scalia, Stephen Breyer, Ruth Bader Ginsburg, Anthony Kennedy, Clarence Thomas, Sonia Sotomayor, Elena Kagan, Samuel Alito, John Roberts
What did the supermen court do in the election of 2000?
Stop the recount
Interpret the constitution in regards to today
Broad construction
Courts should defer to the decisions made by representatives elected by the people
Judicial restraint
How does the president change the sway of the Supreme Court?
By appointing judges
What can congress do when it disagrees with the Supreme Courts ruling?
Deny funds, pass legislation, amend the constitution
