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AP Gov > Supreme Court > Flashcards

Supreme Court Flashcards

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1
Q

amicus curiae

A

friend of the court; help case don’t directly influence

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2
Q

civil law

A

private disputes between groups; provide order

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3
Q

criminal law

A

crimes against public order; contractual relationship

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4
Q

common law

A

decisions made by things that have previously happened; precedent

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5
Q

constitutional court

A

high court dealing with constitutional laws

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6
Q

judicial activism

A

broad interpretation

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7
Q

judicial restraint

A

strict adherence

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8
Q

Mapp v Ohio; activism or restraint?

A

evidence acquired illegally; activism

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9
Q

Marshall

A

first significant; change; made equal to other branches; one opinion(majority)

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10
Q

Important case under Marshall

A

Marbury v Madison; judicial review

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11
Q

Toney

A

Dred Scott; Habeus Corpus; Civil War; power of president in crisis

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12
Q

Warren

A

judicial activism; expand rights w/ broad interpretation

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13
Q

Important Warren Case

A

Mapp v Ohio

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14
Q

Rehnquist

A

conservative activism; over turning precedent in case of conservative values

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15
Q

Roberts

A

current- gay marriage- abortion

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16
Q

Original Jurisdiction

A

court that hears case first

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17
Q

Appellate Jurisdiction

A

appeal based on procedure or mistake; not bc you don’t like the decision

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18
Q

Discretionary Appellate

A

only sup crt; pick and choose

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19
Q

Special Court

A

powers of congress

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20
Q

stare decisis

A

precedent

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21
Q

Writ of cerritori

A

officially putting it on a docket; takes a while

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22
Q

Rule of 4

A

majority vote to get on docket

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23
Q

litmus test

A

philosophy of judge; activist/restraint

24
Q

court packing

A

used by Roosevelt to add more judges to tip favor

25
Q

Ex post facto

A

can’t be guilty if crime was committed while legal

26
Q

In forma pauperis

A

wave fees for a case; Gideon v Wainwright(provide attorney)

27
Q

political question

A

used to avoid deciding some cases; conflict between congress and president

28
Q

writ of mandamus

A

gov body says you have to do worthing but doesn’t enforce it

29
Q

Article 3-number of courts

A

only calls for 1

30
Q

Structure of Judicial

A

pyramid- start at bottom/lower courts- tip/supreme

31
Q

Judiciary Act of 1789

A

dual court; 2 courts/pyramids- one fed one state; both end with supreme court

32
Q

Nomination of Judges

A

appointed by president approved by senate

33
Q

Senatorial Courtesy

A

ask senator in same state about who is the best-saves time- ask with aligned party

34
Q

Requirements(formal)

A

none

35
Q

Requirements(informal)

A

confirmed(pass thru senate)-demographics; same side; age(not old); judge; no scandal

36
Q

vetting

A

background check before employment

37
Q

Tradition of SCOTUS

A

important; who has been there the longest

38
Q

Federalist 51

A

checks and balance; operation of powers

39
Q

Judicatory Act of 1925

A

justices can determine court load; cerritori

40
Q

Process(1-10)

A
  1. Petition
  2. Discussion List
  3. Rule of 4
  4. writ of cerritori
  5. Briefs
  6. oral arguments
  7. Conference
  8. vote(tentative)
  9. opinions
  10. final decision
41
Q

petition

A

don’t read every petition; split the work

42
Q

discussion list

A

why I picked and why we should move forward

43
Q

briefs

A

lawyers give case; based on precinct

44
Q

oral arguments

A

2 weeks on 2 off; timed;

45
Q

conference

A

closed; business not personal; chief justice speaks first to address key points- seniority follows

46
Q

tentative vote

A

decide who writes opinions- senior member of majority unless chief justice is

47
Q

opinions

A

one writes for majority; sends to others for editing; goal is to get signature

48
Q

final decision

A

signature is final vote

49
Q

concurring

A

same side different reasons

50
Q

descending

A

each write for there side; who ever gets most votes; can both be cited in the future

51
Q

Role of Jury

A

peers make judgment; fair; could argue wasn’t fair and that weren’t my peers

52
Q

Grand Jury

A

6-23; prosecutor lays case; judge determines result

53
Q

Petit Trial

A

6-12; both present evidence; determine guiltiness

54
Q

soliciter general

A

appellate court litigation of federal gov; 3rd

55
Q

Attorney General

A

head attorney for gov; 2nd

56
Q

originalism

A

constitution interpreted without original meaning

AP Gov (5 decks)

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