TOPIC 2.C: Judicial Branch Flashcards

1
Q

FOR Judicial Activism

A

Protects liberties, watchdog and constitutional responsibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

AGAINST Judicial Activism

A

Not court’s responsibility, justices not appointed by the people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

FOR Judicial Restraint

A

Facilitate, not create, Most cases need reference

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

AGAINST Judicial Restraint

A

Weakened federal system, cannot adequately protect liberty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Irony in judicial restraint

A

Judicial activism is needed prior in order to create a system that relies on judicial restraint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Ways to limit SCOTUS power

A

1) Constitutional Amendment to remove justice

2) Congress authorizing more justices appointed by president

3) Congress, president, or states ignoring decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Five reasons why SCOTUS will grant writ of cert

A

1) New question posed
2) Court goes against precedent
3) Differences in state decisions
4) Split appeal decision
5) One appeal court made a different decision from another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Stare decisis

A

Act of establishing precedent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Writ of certiorari

A

When granted, SCOTUS will ask for a transcript of the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

SCOTUS and original jurisdiction

A

Mainly operates in appellate jurisdiction, circumstances of original jurisdiction are limited in the Constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Rule of four

A

Minimum of four justices must agree to hear the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Amicus curiae briefs

A

Friend of court, written in support of one side or the other to persuade the court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Federalist 78

A

–> Explain/justify structure of judiciary
–> Protect liberty and people
–> Weakest branch
–> Life tenure frees from political pressures
–> Arbiter between other two branches

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Marbury v. Madison

A

Judicial review is established by the court determining the unconstitutionality of the Judiciary Act of 1789

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Constitutional Authority of SCOTUS

A

Found in Article III

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Constitutional aspects of SCOTUS

A

1) Appointed by president, confirmed by Senate
2) Lifetime appointment on good behavior
3) Chief Justice presides over impeachment trials
4) Congress creates inferior courts
5) Established original and appellate jurisdiction