The Judicial Branch Flashcards
judicial review
power to decide constitutionality of an act of government
writ of certiorari
orders lower court to send case records up for review
certificate
process used when lower court is unclear of procedure or applicable law in this case
federalism
division of power between supreme court and its subdivisions
judicial restraint
judges follow what the constitution says
judicial activism
judges follow what they think the authors of the constitution meant
rule of 4
4 judges must agree to bring up a case to the supreme court
precedent
to follow guidelines on consistency
briefs
homework for lawyers/ detailed written statements
solicitor general
person who defends the United States in court
conferences
justices have conferences on fridays where they discuss cases and vote
sedition
attempt to overthrow the government
seditious speech
the advocating of attempting to overthrow the government
slander
false and malicious use of spoken words
libel
false and malicious use of printed words
symbolic speech
non-vocal free speech
clear and present danger
free speech is not protected if the government has the understanding that you will disrupt peace
who said “freedom of speech is for unpopular speech”
oliver wendell holmes (past supreme court justice)
who is john marshall
chief justice in marbury v madison case
establishment cause
1st amendment prohibits the establishment of a religion
free exercise clause
1st amendment prohibits any arbitrary interference by government with “the free exercise thereof”
parochial
church related
public forum
places traditionally open to free speech
time place manner
ways in which free speech is limited
lemon test
- secular purpose
- neither advance nor inhibit
- excessive entanglement
picketing
the patrolling of business site workers
majority opinion
agrees with majority
concurring opinion
agrees with majority but for different reasons
dissenting opinion
disagrees with majority
exclusive jurisdiction
one court gets to hear a case
concurrent jurisdiction
two courts get to hear a case
appellate court
the next court up the chain
original court
the first and lowest court on the chain
name the supreme court justices
- Ketanji Brown Jackson - Biden - 2022
- Amy Coney Barrett - Trump - 2020
- Brett Kavanaugh - Trump - 2018
- Neal Gorsuch - Trump - 2017
- Elena Kagan - Obama - 2010
- Sonia Sotomayer - Obama - 2009
- Samuel Alito - Bush the Younger - 2006
- John Roberts - Bush the Younger - 2005 (Chief Justice)
- Clarence Thomas - Bush the Elder - 1991
marbury v madison 1803
madison signed appointment papers just before his term ended and hadnt mailed them out so we dont know if they are official yet and marbury wanted his job (marbury)
zobel v williams
alaska was sending out checks with extra money and they gave you more money the longer you stayed and zobels got mad and said it violated the 14th amendment (zobel)
texas v johnson
johnson burned a flag in protest and texas didnt like it and johnson said it was protected by the 1st amendment
tinker v des moines
students wore black armbands to protest the vietnam war and principal didnt want a fight to break out and said if you wore those to school youd get suspended and they did and got suspended but no fights broke out so they sued for violating the first amendment (tinker)
hazlewood v kuhlmeier
there was two articles in a student newspaper about teen pregnancy and divorce and the principal didnt like it so he took it out of the newspaper and they sued but the principal said it is up to him its his school (kuhlmeier)
lemon v kurtzman
government paid private school teachers in rhode island (95% catholic schools) to teach certain classes and lemon got mad and
pittsburgh v aclu
gov. puts christmas decor on courthouse and nearby school and aclu gets mad and sues cuz it violates lemon test
satanic temple v arkansas
ten commandments monument is built and then satanic temple wants a monument (neither, they took down the ten commandments and didnt put anything up)
engel v vitale
public school wants to do daily prayer and engel gets mad so he sues cuz its a public school (engel)
lee v weisman
public school does prayers and invites a christian reverend for speech and other religions get mad and sue
wisconsin v yoder
amish dont want their kids to go to school but you have to til 12th grade (neither, they still have to go but only until 8th grade)