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AP Government > Supreme Court and National Judiciary > Flashcards

Supreme Court and National Judiciary Flashcards

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1
Q

Who or what sets up the Supreme Count?

A

The constitution

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2
Q

Who or what sets up the inferior/lower courts?

A

Congress

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3
Q

Who is the head of the Supreme Court?

A

Chief Justice

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4
Q

How many associate justices are there?

A

8

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5
Q

What is the job of the Supreme Court?

A

Deciding if laws are valid and what they mean, and interpreting federal law

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6
Q

What is judicial review?

A

Deciding whether or not laws are constitutional

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7
Q

Where did the power of judicial review come from?

A

The Supreme Court gave it to themselves in the Marberry vs. Madison case

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8
Q

What is exclusive jurisdiction?

A

The only court to hear something

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9
Q

What is concurrent jurisdiction?

A

More than one court can hear it

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10
Q

The Supreme Court has original and ____ jurisdiction (fill in the blank)

A

Appellate

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11
Q

What is original jurisdiction?

A

To hear something first

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12
Q

What is appellate jurisdiction?

A

To hear on appeal or after another court

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13
Q

What are the two cases where the Supreme Court exercises original jurisdiction?

A

When there is a foreign entity involved or a state is one of the parties (state vs. state case)

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14
Q

Supreme Court Justices pick their cases by what rule?

A

The rule of four

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15
Q

Why is the rule of four important?

A

For possible affirmation or overturn of a case

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16
Q

If the Supreme Court remands a case to the lower court they are doing what?

A

Sending it back to a lower court

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17
Q

Most cases reach the Supreme Court by the ____ of ______ (fill in the blank)

A

Writ of Certioran

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18
Q

What is the Writ of Certorian?

A

When the Supreme Court says “we want to hear this case”

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19
Q

What happens if the Supreme Court refuses to see a case decided in a lower level court?

A

The lower court decision stands

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20
Q

What is a certificate?

A

A process by which a lower court who is not clear about the procedure or rule of law that should apply appeals to the Supreme Court (it is another way the Supreme Court can receive a case)

21
Q

A lawyer’s oral argument in front of the Supreme Court is limited to how long?

A

30 minutes

22
Q

What is an amicus curiae brief?

A
  • “Friend of the court”

- When an outside party writes a legal brief

23
Q

What number is needed to win a Supreme Court case?

A

5/9

24
Q

What number is needed to win a normal criminal case?

A

12/12

25
Q

What happens if you fail to get the necessary number in a criminal case?

A

You have a hung jury

26
Q

What happens in a hung jury?

A

There is a total retry of the case, or the case is thrown out

27
Q

What is the split of Republican to Democrats appointees in the Supreme Court?

A

5 to 4

28
Q

What is a recluse?

A
  • Conflict of interest

- Choosing not to sit in on a trial

29
Q

Name the nine people on the Supreme Court?

A
  • John Roberts (Chief Justice - appointed by George W. Bush)
  • Ruth Bater Ginsburg (Appointed by Carter)
  • Antonin Scalia (Senior Justice - appointed by Reagan)
  • Sonia Stonomayor (appointed by Obama)
  • Stephen Breyer (appointed by Clinton)
  • Anthony Kennedy (Swing vote - appointed by Reagan)
  • Clarence Thomas (African American - “Silent Justice” - appointed by Bush Sr.)
  • Samuel Alito (appointed by George W. Bush)
  • Elena Kagan (appointed by Obama)
30
Q

Who is the only other woman to serve on the Supreme Court?

A

Sandra Day O’Connor (appointed by Reagan)

31
Q

In a civil case, the individual who is bringing a complaint is called what?

A

Plantif

32
Q

The person who is accused of the crime is called what?

A

Defendant

33
Q

How long are Supreme Court Justices hired for?

A

Life

34
Q

Why are Supreme Court Justices hired for life?

A

To be free from political pressure

35
Q

What is a precedent?

A

Some kind of ruling which sets the guidelines to rule from the point on

36
Q

When justices meet, the head justices speak first. What procedures do the follow to determine who goes next?

A

Seniority (Roberts first, Scalia next, Kagan last)

37
Q

The courts overall opinion is known as what?

A

The majority opinion

38
Q

What is a concurrent opinion?

A

“I agree with the majority for a different opinion”

39
Q

Sometimes justices who disagree with the court will write a what?

A

Dissenting opinion (in order to explain why they feel the cases should have gone the other way)

40
Q

What is the first step in suing the federal government?

A

Get their permission

41
Q

What Court is responsible for most of the federal appeals that occur in this country?

A

The U.S Court of Federal Appeals

42
Q

Why was the Supreme Court created? (What was going on under the Articles of Confederation without a national court system)

A
  • Lack of consistency in rulings

- Inconsistent interpretation

43
Q

What is the difference in burden of proof between a civil case and a criminal case?

A
  • Need to prove beyond reasonable doubt (criminal)
  • Need to prove more likely true than not (civil)

OJ Simpson trial : found innocent for murder (criminal) and guilty for emotional damages (civil)

44
Q

Who is the chief lawyer of the federal government?

A

Solicitor General

45
Q

What does the Attorney General do?

A

Head of the Justice department (advises the President on legal matters)

46
Q

What is judicial activism?

A

“Legislating from the bench” (shaping a law)

- Saying what things mean as opposed to just “yes” and “no”

47
Q

What is Stare Decisis?

A

“Let the decision stand”

Ruling on precedent

48
Q

What are the specialized courts and what is their purpose?

A
  • Courts that cover cases on specific topics

- Military, taxes, veteran’s claims, etc.

AP Government (13 decks)

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