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AP U.S. Government and Politics > The Federal Court System > Flashcards

The Federal Court System Flashcards

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1
Q

characteristics of court system

A
  1. adversarial
  2. passive
  3. jurisdiction
  4. complex dual court system
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2
Q

adversarial

A
  • court provides an arena for two parties to bring their conflicts before an impartial arbiter, or judge
  • plaintiff: brings a charge
  • defendant: one being charged
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3
Q

passive

A
  • judges are restrained by Constitution to deciding actual disputes or cases rather than hypothetical ones
  • judiciary branch = passive that depends on others taking initiative
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4
Q

jurisdiction

A

court’s authority to hear a case

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5
Q

original jurisdiction

A

courts in which a case is first heard

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6
Q

appellate jurisdiction

A

courts that hear cases brought to them on appeal from a lower court

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7
Q

exclusive jurisdiction

A

cases that can be heard only in certain courts

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8
Q

concurrent jurisdiction

A

cases that can be heard in either a federal or a state court

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9
Q

complex dual system

A
  • two separate court system (state and federal)

- state = criminal; judiciary = whole country

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10
Q

SC in the Constitution

A

only court mentioned; Congress has power to create all others federal courts

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11
Q

Judiciary Act of 1789

A
  • established basic three-tiered structure of federal courts that still exists
  • set size at 6 justices but then increased to nine
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12
Q

district court

A
  • state has at least one (94 total)

- most end in plea bargain negotiated by the defense and prosecution

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13
Q

court of appeals

A
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14
Q

court of appeals

A
  • appellate courts authorized to review all district court decisions
  • empowered to rule on decisions of federal regulatory agencies such as Federal Trade Commission
  • do not hold trials or hear testimony
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15
Q

Supreme Court

A
  • “court of last resort”
  • reviews cases from US courts of appeals and state supreme courts
  • final arbiter of Constitution
  • establish precedents binding on entire nation
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16
Q

Marbury v. Madison

A
  • established power of judicial review

- power of SC to declare federal legislation invalid if the legislation violated the Constitution

17
Q

nomination criteria

A
  1. competence - impressive credentials (prior experience)
  2. ideology and policy preferences - share preferences with president (ex- FDR and New Deal)
  3. race, ethnicity, and gender (2 African Americans, 3 females, and 1 Hispanic)
18
Q

confirmation process

A

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19
Q

confirmation process

A

1) names of possible nominees are sent to the FBI for thorough background check
2) names sent to American Bar Association for a professional rating
3) interest groups: protests, appearances in media, ads, editorials, and emails to senators
4) Senate Judiciary Committee holds public hearings on each SC nominee
5) recommendation to entire Senate

20
Q

When does the SC exercise original jurisdiction?

A
  • two or more states
  • US and state govt
  • US and foreign ambassadors/diplomats
21
Q

writs of certiorari

A
  • an order by the Court directing a lower court to send up the record in a given case for its review (how they get the rest of their cases through appellate jurisdiction)
  • enables SC to control caseload but must involve constitutional issue or interpretation of federal statute, action, or treaty
22
Q

Rule of Four

A
  • clerks screen 9,000 petitions that come to SC
  • justices conduct weekly conference meetings where they discuss petitions prepared by their clerks
  • for a case to be heard on appeal, at least four our of nine justices must agree to hear case
23
Q

solicitor general

A
  • fourth-ranking member of Department of Justice
  • responsible for handling all appeals on behalf of the US govt to the SC
  • important role in which cases they hear
24
Q

filing briefs

A
  • each party required to do this
  • detailed written statement, arguing one side of a case
  • cite relevant facts, legal principles, and precedents that support their arguments
25
Q

role of amicus curiae briefs

A
  • interest groups use these to lobby court

- controversial topics draw many

26
Q

oral arguments

A
  • open to the public

- attorneys have 30 min to present case

27
Q

discussion and voting

A
  • discuss each case in closed meeting held on Friday

- presided over by Chief Justice

28
Q

formal opinions

A

present the issues, establish precedents, and set guidelines for lower courts

29
Q

majority opinion

A

-“the opinion of the Court”; the law of the land

30
Q

concurring opinion

A

supports the majority opinion but stresses different constitutional or legal reasons for reaching the judgement

31
Q

minority or dissenting opinion

A

k

32
Q

minority or dissenting opinion

A

expresses a point of view that disagrees with the majority opinion; no legal standing

33
Q

stare decisis

A
  • Latin phrase meaning “let the decision stand”
  • vast majority of SC decisions based on precedents made in earlier cases
  • other decisions more uniform, predictable, and efficient
34
Q

examples of precedents

A
  1. Marbury v. Madison: established judicial review and then in Martin v. Hunter’s Lessee, Court extended power to overrule state courts
  2. Baker v. Carr: established one person, one vote and then in Wesberry v. Sanders, the Court applied principle to congressional districts
35
Q

exceptions of precedents

A
  • Plessy v. Ferguson: permitted segregation if the facilities were “separate but equal”
  • revoked this in Brown v. Board of Education: “segregation is a denial of the equal protection of the laws”
36
Q

judicial restraint

A
  • advocates of judicial restraint argue that SC should use precedent and the Framers’ original intent to decide cases
  • SC should defer to the elected institutions of govt
37
Q

judicial activism

A
  • federal courts must correct injustices when other branches of govt or states refuse to do so
  • point back to Brown v. Board of Education
38
Q

How does the Constitution insulate justices from direct political pressure?

A
  • Justices appointed to serve life terms subject only to good behavior
  • salaries of justices cannot be reduced
  • certiorari process enables SC to set own agenda
  • public limited access to Court proceedings
39
Q

How is the SC still aware of public opinion?

A
  • appointment and confirmation processes keep SC from deviating from public opinion
  • Congress and state legislatures can amend Constitution
  • Congress can change the SC’s appellate jurisdiction
  • Congress has the power to change the number of justices on the Court
  • Justices can be impeached

AP U.S. Government and Politics (20 decks)

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