Unit 4 Flashcards

1
Q
  1. What is concurrent jurisdiction? (306)
A

when federal and state courts both have jurisdiction on a case

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2
Q
  1. What was “Marbury v. Madison”’s impact on the power of the Supreme Court? (308)
A

this case won the Court the power of judicial review - the ability to review acts of Congress

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3
Q
  1. Cases involving maritime law come under the jurisdiction of which courts? (305-306)
A

federal courts

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4
Q
  1. These types of courts derive their power from the Constitution and federal laws. (305)
A

federal courts

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5
Q
  1. This is the type of jurisdiction that trial courts have. (306)
A

original jurisdiction - jurisdiction to try a case for the first time

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6
Q
  1. There are a total of 12 of these in 12 regions across the U.S. (Chart, 306)
A

U.S. Courts of Appeals

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7
Q
  1. This is the type of jurisdiction that a courts of appeals has. (306)
A

appellate jurisdiction - jurisdiction to try a case that has already been tried

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8
Q
  1. What is jurisdiction? (305)
A

The authority to hear certain cases

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9
Q
  1. Who are litigants? (307)
A

people engaged in a lawsuit

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10
Q
  1. This is a court that helps Congress exercise its power. (314-315)
A

legislative court

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11
Q
  1. This is the purpose of the U.S. Court of Federal Claims (315)
A

handles claims against the United States for money damages (not taxes)

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12
Q
  1. This is the first African American appointed to the Supreme Court. (317)
A

Thurgood Marshall

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13
Q
  1. What is an indictment? (312)
A

formal accusation charging a person with a crime (done by a grand jury if it believes there is sufficient evidence to bring a person to trial)

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14
Q
  1. This is another name for a trial jury. (313)
A

petit jury

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15
Q
  1. These courts are similar to district courts in function, operation, and jurisdiction. (315)
A

territorial courts

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16
Q
  1. If you are registered to vote or have a driver’s license, you may be called for this. (315)
17
Q
  1. If someone is indicted for a crime, where does he or she go next? (313)
A

to trial/petit jury

18
Q
  1. This is the court of last resort for all questions of federal law. (320)
A

Supreme Court

19
Q
  1. What does “riding the circuit” refer to? (320)
A

A Judge traveling to hold court in his/her assigned regions of the country

20
Q
  1. Who has the power to confirm appointments to the Supreme Court? (323)
A

The Senate

21
Q
  1. What is an opinion? (323)
A

an explanation for the decision

22
Q
  1. What is a writ of certiorari? (332)
A

an order from the Supreme Court to a lower court to send up the records on a case for review

23
Q
  1. What is a brief? (333)
A

written statement setting forth the legal arguments, relevant fact, and precedents supporting one side of a case

24
Q
  1. What is a concurring opinion? (334)
A

an opinion written by one or more justices who agree with the decision of the majority, but for different reasons

25
4. What was the effect of Miranda v. Arizona? (331)
This case required police investigators to inform suspects of their rights before statements can be taken and used as evidence.
26
5. A brief, unsigned statement of a Court’s decision is called this. (333)
opinion
27
1. What tools does the Supreme Court have to shape public policy? (336-339)
judicial review interpreting the meaning of laws overruling or reversing its previous decisions
28
2. What is a precedent? (338)
model on which to base other decisions in similar cases
29
3. What is stare decisis? (338)
a Latin term meaning "let the decision stand," meaning that a court decision serves as a precedent
30
4. What is the role of precedence in the interpretation of the law? How do precedents change? (338-339)
Precedents prevent the law from changing day by day and make the law predictable. Precedents change by changes in beliefs or in the Court's composition.
31
1. What are the various roles of the chief justice? (345)
presides over the court during oral arguments and conferences directs discussions frames alternatives makes first version of discuss list assigns the writing of opinions
32
2. Which president appointed four justices to the Court? (347)
Nixon
33
3. Who sets the number of justices who serve on the Court? (348)
Congress
34
4. What is a swing vote? (344)
deciding vote
35
5. What is the foundation for deciding cases? (343)
law