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Judicial Policy Making > Midterm > Flashcards

Midterm Flashcards

0
Q

Our system is one of ________ federalism

A

Cooperative

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1
Q

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.

A

Court

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2
Q

A system of govt where some of the lines b/w federal and state power are blurred.

A

Cooperative federalism

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3
Q

T/F

The Declaration of Independence recognizes the “creator” as a source of rights?

A

True

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4
Q

This refers, generally, to some prior action that guides current action

A

Precedent

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5
Q

Rules promulgated by government agencies that have been given their authority by the executive branch or legislative branch

A

Administrative regulations

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6
Q

The 1st 10 amendments of the U.S Constitution

A

Bill of Rights

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7
Q

T/F

The 6th Amendment deals with rights against search and seizures.

A

False

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8
Q

Is our court system an adversarial justice system? Why/why not?

A

Yes

It pits two parties against each other in the pursuit of the truth

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9
Q

Civil wrongs recognized by law to be grounds for a lawsuit

A

Torts

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10
Q

This term means the party will be held liable regardless of culpability.

A

Strict liabilty

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11
Q

The category of civil law that is concerned with how property is passed from one generation to the next.

A

Law of succession

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12
Q

This category of civil law is concerned with acceptable uses of property such as those spelled out in zoning laws

A

Property laws

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13
Q

Body of the crime

A

Corpus delecti

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14
Q

The criminal act

A

Actus reus

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15
Q

A guilty mind

A

Mens rea

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16
Q

T/F

The legislative branch can exert indirect control over the courts

A

True

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17
Q

Legislative bodies have both ______ and _________ control over the courts.

A

Direct and Indirect

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18
Q

How does the legislative branch have indirect control over courts?

A

Confirming judicial appointees and setting the judiciary’s budget.

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19
Q

This is concerned with the courts’ distinct functions and responsibilities at different levels within a single judiciary.

A

Hierarchal jurisdiction

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20
Q

Also called ancillary jurisdiction, the right to hear a case for which it would not ordinarily have original jurisdiction.

A

Supplemental jurisdiction

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21
Q

At the federal level, who decides the number of judgeships?

A

Congress

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22
Q

T/F

State courts have the authority to decide matters involving federal questions, diversity issues and supplemental matters

A

False

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23
Q

State courts have what jurisdiction?

A

Original or appellate

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24
Q

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.

A

True

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25
Q

At the federal level, executive control is applied through…

A

The appointment process

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26
Q

T/F

Interest groups have considerable influence throughout government.

A

True

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27
Q

T/F

Judicial elections are held at every level of government for higher and lower courts.

A

False

At the state level, and for lower courts.

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28
Q

These groups also represent a powerful interest group; often seeking to influence the courts by calling for harsh punishments

A

Victims advocacy groups

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29
Q

T/F.

Research think tanks issue reports and offer guidelines and recommendations for courts.

A

True.

30
Q

_______________ also supply evaluations of judicial candidates to assist governors in their nominations.

A

State Bar Associations

31
Q

______ serve as a powerful tool for the public to control the judiciary

A

Elections

32
Q

T/F

The ability for the courts to control from within is limited to varying degrees of priority to different types of cases.

A

False

33
Q

The first governing document in the United States

A

The articles of confederation

34
Q

Almost all power under the articles of confederation was vested in a single chamber legislature called…

A

Congress

35
Q

The federal law established from the first meeting of congress

A

Federal judiciary act of 1789

36
Q

The US is divided into how many circuits

A

13

37
Q

Federal workhorses…

A

District courts

38
Q

An opinion that supports the opinion but offers different reasoning

A

Concurring opinion

39
Q

Appellate cases are usually assigned to a panel of ___ judges

A

3

40
Q

T/F

The US Supreme Court generally issues written opinions for fewer than 100 cases each term

A

True

41
Q

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.

A

True

42
Q

The US court of International trade that resolves disputes involving international trade is an outgrowth of the _______________________

A

Customs courts act of 1980

43
Q

The FISA has been amended more than once, most recently and significantly by the…

A

2001 PATRIOT Act

44
Q

This court hears protest lawsuits stemming from failed bids for US Government contracts

A

US court of Federal Claims

45
Q

Within each federal circuit is a _______________, which consists of both a chief judge and district/circuit court judges.

A

Circuit judicial council

46
Q

T/F

There are 50 separate state court systems ( plus one for the District of Colombia)

A

True

47
Q

During the colonial period, most of the political authority rested with _____________ who were appointed by the King of England

A

Governors

48
Q

T/F

After the American Revolution out court system has been corruption free.

A

False

49
Q

T/F

Magistrate courts hear both jury and non jury cases.

A

False. (No jury trials)

50
Q

Malcolmfeeley’s the process is punishment believed justice in lower courts is…

A

Meted out swiftly and informally

51
Q

T/F

State supreme courts are courts of last resort

A

True

52
Q

T/F

State Supreme courts deal with criminal justice issues only.

A

False. ( they deal with social issues as well as criminal justice matters)

53
Q

The total incoming trial caseload for lower state courts exceeds ____________ in any given year.

A

100,000,000

54
Q

The most serious crime that had the lowest conviction.

A

Aggravated assault

55
Q

In 1987, the NCSC received a grant from the bureau of justice assistance to create…

A

Commission for trial court performance standards

56
Q

Judges time has been affected by federal ______________ laws that mandate prisoners serve 85% of their sentence and has abolished the parole board.

A

Truth-in-sentencing

57
Q

T/F

Overall more Americans believe the courts handle cases in an excellent manner than in a poor manner

A

False

58
Q

How many Florida county courts are there?

A

One for each county… 67

59
Q

How many justices are on Florida’s state Supreme Court?

A

7

60
Q

T/F

Impeachment is common

A

False

61
Q

T/F

Hundreds of impeachments have been tried over time

A

False

62
Q

How many Supreme Court Justices have been impeached?

A

1

63
Q

Average age for distinct judges at time of appointment

A

49

64
Q

In 2009, of the 165 federal appeals court judges, how many were minorities?

A

26

65
Q

Which article of section 2 of the Us Constitution allows for the appointment of federal judges by the president with advise from senate.

A

II

66
Q

The tendency among US presidents to defer to the judgement of senators for individual appointments to lower courts

A

Senatorial curtesy

67
Q

From 1969-2006, the Average American workers pay went up 19 % and real pay for judge decreased __ %

A

25

68
Q

Judges begin with learning and adjusting to their new role, known as this type of socialization

A

Freshman

69
Q

Impeachment begins with…

A

Formal accusation by the House of Representatives to the senate

70
Q

More than __ % of appellate court judges and nearly __ % of state trial judges are elected to their post.

A

80, 90

71
Q

The standards and norms that bear on judges and cover such matters such as how to maintain independence and impartiality

A

Judicial ethics

72
Q

Can impeachment be justified by partisan discord?

A

No

73
Q

Dick Cheney’s lawyer

A

David Addington

Judicial Policy Making (2 decks)

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