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AP Government > The Judiciary > Flashcards

The Judiciary Flashcards

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0
Q

When was judicial review established?

A

Marbury vs. Madison

Midnight judges

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1
Q

What is judicial review?

A

Allows courts to rule on the constitutionality of laws and actions

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2
Q

According to de Tocqueville, why do Americans rely so heavily on the courts?

A

To answer political questions

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3
Q

What is most American law based on?

A

English Common Law

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4
Q

What is precedent?

A

A decision that has happened before

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5
Q

What is the doctrine of stare decisis?

A

Ongoing tradition of letting a case stand using it as a basis for other rulings

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6
Q

What are the main sources of American law?

A
  • federal/ state constitutions
  • statutes passed by legislators
  • administrative law
  • case law
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7
Q

What is a case law?

A

Judicial interpretation of common law practices, interpretations of constitutional, statutory, and administrative laws

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8
Q

What makes up America’s dual court system?

A

State courts and federal courts

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9
Q

Where does the federal court derive its power?

A

Article 3 of the constitution

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10
Q

What is diversity of citizenship?

A

When the two parties of a lawsuit are from different states or when a U.S. citizen sues a foreign citizen/gov

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11
Q

What is the difference between trial courts and appellate courts?

A

Trial court= first to hear case

Appellate court= court of appeals

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12
Q

Are federal courts located in every state?

A

Yes

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13
Q

When can the Supreme Court review a state supreme court decision?

A

Only if federal question is involved

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14
Q

What role do interest groups play in our judicial system?

A

They can lobby justices to make decisions in their favor

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15
Q

What is an amicus curiae brief?

A

A document that tries to sway the court in one way because they have an interest in the case

16
Q

What is general jurisdiction?

A

Hear broad range of issues

17
Q

What is limited jurisdiction?

A

Hear case involving only certain types of claims

18
Q

What is a writ of certiorari?

A

Issued when the Supreme Court decides to grant a petition for review, orders lower courts to send a record of the case

19
Q

What is an opinion of the court?

A

The ruling/reasons for ruling

20
Q

What are the different types of opinions?

A

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

21
Q

What does it mean if a case is remanded? Affirmed?

A

Remand: to send case back
Affirm: to state a ruling is valid and must stand

22
Q

What are oral arguments?

A

Attorneys present reasons to an appellate court why they should rule in the way they want them to

23
Q

What is senatorial courtesy?

A

Tradition allowing a senator to veto a judicial appointment in his or her state

24
Q

What type of policy did Senate Republicans implement in the 21st century regarding senatorial courtesy?

A

They decided that senatorial courtesy would no longer be used

25
Q

What is the historical demographic makeup of the U.S. Supreme Court?

A 
Occupation: judge
Religion: Protestant 
College graduates 
51-60
White males
26
Q

What percentage of presidential supreme court nominations have been either rejected or not acted on by the Senate?

A

20%

27
Q

Why is Sandra Day O’Connor a significant past Supreme Court judge? Was she conservative or progressive?

A
  • she was the first woman in the Supreme Court

- started off conservative but turned progressive

28
Q

Who is Harriet Myers?

A

Someone George W. Bush nominated to Supreme Court, that everyone hated

29
Q

What is judicial activism?

A

Someone trying to influence laws while on the Supreme Court

30
Q

What is strict construction?

A

Belief that everything should be by the constitution

31
Q

Who are the current Supreme Court justices?

A
  • Stephen Breyer
  • Ruth Ginsburg
  • Anthony Kennedy
  • Clarence Thomas
  • Sonia Sotomeyer
  • Elena Kagen
  • Antonin Scalia
  • Samuel Alito Jr.
  • John Roberts Jr.
32
Q

Are any of the current Supreme Court justices strict constructionists?

A

Scalia

33
Q

Why was the Supreme Court significant in the presidential election of 2000?

A

Stopped hand count, activated electoral vote

34
Q

What does broad construction mean?

A

Interpret the constitution (look for loopholes)

35
Q

What is judicial restraint?

A

Courts should defer to the decisions of made by representatives elected by the people

36
Q

How do presidents change the direction of the Supreme Court?

A

Judicial nominations

37
Q

What can congress do if they disagree with the Supreme Court concerning the interpretation of the constitution?

A

Congress can deny funds, pass legislation that overturns the ruling, amend legislation

AP Government (11 decks)

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