Midterm Flashcards
Our system is one of ________ federalism
Cooperative
An agency or unit of the judicial branch of government, authorized or established, and with authority to decide upon cases, controversies of law and disputed matters brought before it.
Court
A system of govt where some of the lines b/w federal and state power are blurred.
Cooperative federalism
T/F
The Declaration of Independence recognizes the “creator” as a source of rights?
True
This refers, generally, to some prior action that guides current action
Precedent
Rules promulgated by government agencies that have been given their authority by the executive branch or legislative branch
Administrative regulations
The 1st 10 amendments of the U.S Constitution
Bill of Rights
T/F
The 6th Amendment deals with rights against search and seizures.
False
Is our court system an adversarial justice system? Why/why not?
Yes
It pits two parties against each other in the pursuit of the truth
Civil wrongs recognized by law to be grounds for a lawsuit
Torts
This term means the party will be held liable regardless of culpability.
Strict liabilty
The category of civil law that is concerned with how property is passed from one generation to the next.
Law of succession
This category of civil law is concerned with acceptable uses of property such as those spelled out in zoning laws
Property laws
Body of the crime
Corpus delecti
The criminal act
Actus reus
A guilty mind
Mens rea
T/F
The legislative branch can exert indirect control over the courts
True
Legislative bodies have both ______ and _________ control over the courts.
Direct and Indirect
How does the legislative branch have indirect control over courts?
Confirming judicial appointees and setting the judiciary’s budget.
This is concerned with the courts’ distinct functions and responsibilities at different levels within a single judiciary.
Hierarchal jurisdiction
Also called ancillary jurisdiction, the right to hear a case for which it would not ordinarily have original jurisdiction.
Supplemental jurisdiction
At the federal level, who decides the number of judgeships?
Congress
T/F
State courts have the authority to decide matters involving federal questions, diversity issues and supplemental matters
False
State courts have what jurisdiction?
Original or appellate
T/F
Attempts to limit court jurisdiction have most often come in the form of legislative proposals by members of congress as a means of voicing their displeasure with controversial court decisions.
True
At the federal level, executive control is applied through…
The appointment process
T/F
Interest groups have considerable influence throughout government.
True
T/F
Judicial elections are held at every level of government for higher and lower courts.
False
At the state level, and for lower courts.
These groups also represent a powerful interest group; often seeking to influence the courts by calling for harsh punishments
Victims advocacy groups
T/F.
Research think tanks issue reports and offer guidelines and recommendations for courts.
True.
_______________ also supply evaluations of judicial candidates to assist governors in their nominations.
State Bar Associations
______ serve as a powerful tool for the public to control the judiciary
Elections
T/F
The ability for the courts to control from within is limited to varying degrees of priority to different types of cases.
False
The first governing document in the United States
The articles of confederation
Almost all power under the articles of confederation was vested in a single chamber legislature called…
Congress
The federal law established from the first meeting of congress
Federal judiciary act of 1789
The US is divided into how many circuits
13
Federal workhorses…
District courts
An opinion that supports the opinion but offers different reasoning
Concurring opinion
Appellate cases are usually assigned to a panel of ___ judges
3
T/F
The US Supreme Court generally issues written opinions for fewer than 100 cases each term
True
T/F
The US Supreme Court, like the US court of appeals is moe than just a body of judges that review lower courts’ decisions.
True
The US court of International trade that resolves disputes involving international trade is an outgrowth of the _______________________
Customs courts act of 1980
The FISA has been amended more than once, most recently and significantly by the…
2001 PATRIOT Act
This court hears protest lawsuits stemming from failed bids for US Government contracts
US court of Federal Claims
Within each federal circuit is a _______________, which consists of both a chief judge and district/circuit court judges.
Circuit judicial council
T/F
There are 50 separate state court systems ( plus one for the District of Colombia)
True
During the colonial period, most of the political authority rested with _____________ who were appointed by the King of England
Governors
T/F
After the American Revolution out court system has been corruption free.
False
T/F
Magistrate courts hear both jury and non jury cases.
False. (No jury trials)
Malcolmfeeley’s the process is punishment believed justice in lower courts is…
Meted out swiftly and informally
T/F
State supreme courts are courts of last resort
True
T/F
State Supreme courts deal with criminal justice issues only.
False. ( they deal with social issues as well as criminal justice matters)
The total incoming trial caseload for lower state courts exceeds ____________ in any given year.
100,000,000
The most serious crime that had the lowest conviction.
Aggravated assault
In 1987, the NCSC received a grant from the bureau of justice assistance to create…
Commission for trial court performance standards
Judges time has been affected by federal ______________ laws that mandate prisoners serve 85% of their sentence and has abolished the parole board.
Truth-in-sentencing
T/F
Overall more Americans believe the courts handle cases in an excellent manner than in a poor manner
False
How many Florida county courts are there?
One for each county… 67
How many justices are on Florida’s state Supreme Court?
7
T/F
Impeachment is common
False
T/F
Hundreds of impeachments have been tried over time
False
How many Supreme Court Justices have been impeached?
1
Average age for distinct judges at time of appointment
49
In 2009, of the 165 federal appeals court judges, how many were minorities?
26
Which article of section 2 of the Us Constitution allows for the appointment of federal judges by the president with advise from senate.
II
The tendency among US presidents to defer to the judgement of senators for individual appointments to lower courts
Senatorial curtesy
From 1969-2006, the Average American workers pay went up 19 % and real pay for judge decreased __ %
25
Judges begin with learning and adjusting to their new role, known as this type of socialization
Freshman
Impeachment begins with…
Formal accusation by the House of Representatives to the senate
More than __ % of appellate court judges and nearly __ % of state trial judges are elected to their post.
80, 90
The standards and norms that bear on judges and cover such matters such as how to maintain independence and impartiality
Judicial ethics
Can impeachment be justified by partisan discord?
No
Dick Cheney’s lawyer
David Addington
