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POLY SCI 201 > Pt 2: Chapter 14 Notes > Flashcards

Pt 2: Chapter 14 Notes Flashcards

1
Q
  • Precedent
  • Facts and application
  • “Stories”
A

Common law

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2
Q
  • Facts = application

- Same facts = same application

A

Code law

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3
Q

Our system is built on the side of who?

A

Defense

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4
Q

These are put into place via different mechanisms that are put into place by the state

A

Judges

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5
Q

Trial jury –> innocent or guilty, they hear the case

A

Petit jurors

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6
Q

These decide if there is enough evidence to even warrant a trail

A

Grand jurors

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7
Q

The SCOTUS has 2 kinds of jurisdiction which are?

A
  • Original jurisdiction

- Appellate jurisdiction

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8
Q

The authority to be the first court to hear a case.

A

Original jurisdiction

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9
Q

The authority to review cases that have already been heard in lower courts and are appealed to a higher court by the losing party.

A

Appellate jurisdiction

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10
Q

A request to the lower court to submit to the Supreme Court a record of the case.

A

Writ of certiorari

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11
Q

Which kind of jurisdiction does the SC not do often? When it does do this whats it usually concerning?

A

Original jurisdiction

- Foreign diplomats and the cases where opposing parties are state governments

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12
Q

This one is more common, appeals and how common law was applied by the lower court

A

Appellate jurisdiction

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13
Q

When a majority of the justices agree on the legal basis of a decision, the result is a

A

majority opinion

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14
Q

Where there is no majority opinion although a majority of the justices agree on the decision, they disagree on the legal basis for it, they issue a

A

plurality opinion

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15
Q

A separate view written by a justice who votes with the majority but disagrees with all or part of its reasoning

A

Concurring opinion

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16
Q

A justice (or justices) on the losing side explains the reasons for disagreeing with the majority position

A

Dissenting opinion

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17
Q

How many cases does the SC hear every year?

A

75-80 cases out of 10,000s, very selective

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18
Q

How many SC justices have to vote on a case so the SC will hear it (grant it a writ of certiorai)

A

4 out of 9

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19
Q

What is one of the most important SCOTUS powers?

A

Judicial review

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20
Q

How often does judicial review get applied?

A

Not very often

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21
Q

Over the last 80 years, how many of the most conservative judges ever are on the SC now?

A

4/5

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22
Q

Which SC justices side with the left?

A
  • Ginsburg
  • Breyer
  • Sotomayor
  • Kagan
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23
Q

Which SC justices lean to the right?

A
  • Thomas
  • Scalia
  • Roberts
  • Alito
24
Q

Which SC justice goes back and forth and is the deciding vote

A

Kennedy

25
Q

Do judges make law?

A

Yes. They don’t enact but they make and review law. Their decisions are ones lower courts must follows

26
Q

What are other federal courts?

A
  • US district courts
  • US courts of appeals
  • Special US courts
27
Q

That state courts?

A
  • Political appointment
  • Elected judges
  • Merit- plan judges
28
Q

What are the most common form of state court judges?

A

Most common form

29
Q

Who do all of the lower courts answer to?

A

SCOTUS

30
Q

What courts does Congress regulate?

A

US court of appeals, US district courts, Special federal courts

31
Q

How many US district courts are there?

A

94 of them

32
Q

How many US district courts are there under the US court of appeals?

A

94

33
Q

Most appeals are heard by who?

A

A different panel of 3 judges

34
Q

The state system is set up like

A

In a way to parallel the federal system

35
Q

How many US court of appeals are there? How are they divided?

A

13 circuits —

11: designed to oversee 94 district courts in regions
2: govern special cases

36
Q

Who nominates SC justices?

A

President nominates those with compatible political philosophy

37
Q

What happens after the president nominates a SC justice

A

Has to be confirmed by the Senate

38
Q

Nearly all recent appointees are from

A

Appellate courts

39
Q

Lower court nominees are selected by who but includes what tradition?

A

President typically selects members of the same party

- Senatorial courtesy

40
Q

What is Senatorial courtesy?

A

A tradition that holds that a senator from the state in which a vacancy has arisen should be consulted on the choice of a district court nominee if the senator can request that confirmation be denied.

41
Q

What are the personal backgrounds of judicial appointees?

A

Most are white men, but diversify has increased in recent years

42
Q

What are the legal influences on judicial decisions?

A
  • the facts of the case

- three main sources of law

43
Q

What are the 3 main sources of law?

A
  • The Constitution
  • Legislative statues
  • Legal precedents
44
Q

One of the major political influences on judicial decisions is what?

A

Judges’ political beliefs. Justices vote in line with their political attitudes. Not all issues are clear-cut

45
Q

Does the court rely on public decisions?

A

Yes. The courts cannot move too far from public opinion

46
Q

What kind of influence can interest groups have on judicial decision making

A

The can file amicus curiae briefs to make their positions know on court cases and file lawsuits to advance their policy goals

47
Q

What is amicus curiae

A

“Friends of the court”

48
Q

What is stara decisis??

A

That which has been decided will stand. If the court has already filed a standing they will keep it

49
Q

What is the biggest opportunity to influence the courts with the president and Congress?

A

Judicial appointments

50
Q

How do elected officials have a way to influence the courts?

A

Congress can rewrite legislation that it feels the judiciary has misinterpreted

51
Q

Determine and preserve founders’ intent

A

Originalism

52
Q

Adaptable to changing circumstances and challenges

A

Living constitution

53
Q

Is the SC a political body?

A

Yes. Complicated questions they’re asked to resolve, political ideology affects how they address the questions

54
Q

This holds that the judges should abide by precedent and legislation

A

Judicial restraint

55
Q

This holds that the judges should interpret the Constitution and statues in light of established principles when elected officials fail to do so

A

Judicial activism

56
Q

Which idea is fairly new, originalism or living constitution

A

Originalism

POLY SCI 201 (36 decks)

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