The United States Supreme Court Flashcards

1
Q

13

A

judicial activism??

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2
Q

is the only court specifically established by the Constitution, all the others were created by Congress

A

Supreme Court

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3
Q

common law- the major advantages to this type of system

A

are effeciency and stability

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4
Q

disputes resolved by the adversarial process

A

each side represented by attorney
present own version of events
resolve as fairly as possible
mistakes may be examined by appeal

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5
Q

federal district courts and federal courts of appeals

A

Federal district courts have a jury and federal courts of appeals, which are also known as appellate courts, hear cases in panels of three

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6
Q

the ultimate appellate court

A

supreme court

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7
Q

hear cases that have been decided

A

federal courts of appeal, federal district courts, and state supreme courts

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8
Q

federal courts jurisdiction, cases in which the subject matter involves

A

the us constitution, statutes, treaties, and maritime laws

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9
Q

state courts

A

almost all criminal matters

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10
Q

president wants judges who have merit, but they consider judges who meet political criteria as well

A

members of their parties

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11
Q

robert bork nominated Reagan

A

president attempt to seek candidates without a paper trail, or at least without incriminating one (no footprints, no fight)

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12
Q

since 1968, six have been rejected

A

primarily based on ideology. Increased activism of the courts in the 1960s.

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13
Q

strategy of the opposite party

A

use the opportunity to energize their base

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14
Q

tenure of judges

A

life

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15
Q

judicial restraint

A

to limit the exercise of their own power. Is asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional

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16
Q

restrained judges

A

should not substitute their own views for those of the other branches

17
Q

activist judges

A

concern with results- has justice truly been done?

18
Q

the most conservative member of the courts

A

clarence thomas

19
Q

a minimum of four justices must agree that the case should be heard by the supreme court

A

the “rule of four”

20
Q

submit written arguments

A

briefs

21
Q

marbury v. madison 1803

A
  1. established that the constitution takes precedence over legislative proceedings
  2. the supreme court was the ruling authority
  3. power of judicial review was thus established.
    Judicial review is the power of the courts to determine whether a law of government action is unconstitutional
22
Q

judicial review

A

the most powerful tool courts use to weild power

23
Q

mcCulloch vs. Maryland

A

it enforced the supremacy clause…..
by affirming the constitutionality of the federal statue, while preventing states from passing laws that violate federal law.
Marshall laid down the basic theory of implied powers under the constitution

24
Q

dred scott 1857

A

Scott is not a citizen therefore he can’t sue anyone, Congress had no authority to prohibit slavery in the TERRITORIES

25
Q

plessey v. ferguson 1896

A

Supreme court upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of “separate but equal”
For the next 58 years this court case legitimized the separation of America based on race, and supported Jim Crowism.

26
Q

brown v. the board of education 1954

A

the court declared state laws establishing separate public schools for black and white students to be unconstitutional.
was ruled a violation of the equal protection clause of the fourteenth amendment