The Judiciary Flashcards
When was judicial review established?
Marbury vs. Madison
Midnight judges
What is judicial review?
Allows courts to rule on the constitutionality of laws and actions
According to de Tocqueville, why do Americans rely so heavily on the courts?
To answer political questions
What is most American law based on?
English Common Law
What is precedent?
A decision that has happened before
What is the doctrine of stare decisis?
Ongoing tradition of letting a case stand using it as a basis for other rulings
What are the main sources of American law?
- federal/ state constitutions
- statutes passed by legislators
- administrative law
- case law
What is a case law?
Judicial interpretation of common law practices, interpretations of constitutional, statutory, and administrative laws
What makes up America’s dual court system?
State courts and federal courts
Where does the federal court derive its power?
Article 3 of the constitution
What is diversity of citizenship?
When the two parties of a lawsuit are from different states or when a U.S. citizen sues a foreign citizen/gov
What is the difference between trial courts and appellate courts?
Trial court= first to hear case
Appellate court= court of appeals
Are federal courts located in every state?
Yes
When can the Supreme Court review a state supreme court decision?
Only if federal question is involved
What role do interest groups play in our judicial system?
They can lobby justices to make decisions in their favor
What is an amicus curiae brief?
A document that tries to sway the court in one way because they have an interest in the case
What is general jurisdiction?
Hear broad range of issues
What is limited jurisdiction?
Hear case involving only certain types of claims
What is a writ of certiorari?
Issued when the Supreme Court decides to grant a petition for review, orders lower courts to send a record of the case
What is an opinion of the court?
The ruling/reasons for ruling
What are the different types of opinions?
Unanimous: all justices agree
Majority: outlines views on a case of a majority of justices
Concurrent: justices want to point out a certain point
Dissenting: disagree with majority
What does it mean if a case is remanded? Affirmed?
Remand: to send case back
Affirm: to state a ruling is valid and must stand
What are oral arguments?
Attorneys present reasons to an appellate court why they should rule in the way they want them to
What is senatorial courtesy?
Tradition allowing a senator to veto a judicial appointment in his or her state
What type of policy did Senate Republicans implement in the 21st century regarding senatorial courtesy?
They decided that senatorial courtesy would no longer be used
What is the historical demographic makeup of the U.S. Supreme Court?
Occupation: judge Religion: Protestant College graduates 51-60 White males
What percentage of presidential supreme court nominations have been either rejected or not acted on by the Senate?
20%
Why is Sandra Day O’Connor a significant past Supreme Court judge? Was she conservative or progressive?
- she was the first woman in the Supreme Court
- started off conservative but turned progressive
Who is Harriet Myers?
Someone George W. Bush nominated to Supreme Court, that everyone hated
What is judicial activism?
Someone trying to influence laws while on the Supreme Court
What is strict construction?
Belief that everything should be by the constitution
Who are the current Supreme Court justices?
- Stephen Breyer
- Ruth Ginsburg
- Anthony Kennedy
- Clarence Thomas
- Sonia Sotomeyer
- Elena Kagen
- Antonin Scalia
- Samuel Alito Jr.
- John Roberts Jr.
Are any of the current Supreme Court justices strict constructionists?
Scalia
Why was the Supreme Court significant in the presidential election of 2000?
Stopped hand count, activated electoral vote
What does broad construction mean?
Interpret the constitution (look for loopholes)
What is judicial restraint?
Courts should defer to the decisions of made by representatives elected by the people
How do presidents change the direction of the Supreme Court?
Judicial nominations
What can congress do if they disagree with the Supreme Court concerning the interpretation of the constitution?
Congress can deny funds, pass legislation that overturns the ruling, amend legislation
