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Government > Unit 7 > Flashcards

Unit 7 Flashcards

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1
Q

Judicial Review

A

The Court’s ability to declare an Executive or Legislative act unconstitutional is not found in the text of the Constitution

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2
Q

Writ of Mandamus

A

a court’s order commanding an inferior court or public authority to perform an official duty correctly

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3
Q

Supreme Court

A

Highest Court in the United States; Court of final appeal; No jury; Has Appellate Jurisdiction and Limited Original Jurisdiction

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4
Q

Courts of Appeal

A

This court has a panel of 3 judges with no jury; They only have appellate jurisdiction

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5
Q

District courts

A

Can hear federal criminal and civil cases; Is the only federal court with a jury; Has original jurisdiction ONLY

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6
Q

V.A. Supreme Court

A

Highet court in VA

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7
Q

V.A. Court of Appeals

A

Has only appellate jurisdiction and can hear cases from lower courts

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8
Q

Circuit Court

A

Original jurisdiction over felony criminal cases and civil cases over a certain dollar amount; has appellate jurisdiction over cases heard in lower courts; has a judge and jury

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9
Q

General District Court

A

Misdemeanor violations, small claims court, traffic court; no jury, only one judge; original jurisdiction

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10
Q

Juvenile Domestic Relations District Court

A

Limited original jurisdiction; no jury, only a judge; deals with juvenile and family/divorce cases

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11
Q

Constitutional Officers

A
  • positions created by the Constitution of Virginial
  • Duties for each office are prescribed in The Code of Virginia
  • They perform governmental duties at the local level
  • The local governing body must fund a portion of each budget
  • Each officer is an elected public official
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12
Q

Treasurer

A

Oversees the investment of public funds

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13
Q

Sheriff

A

Conducts criminal investigations

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14
Q

Attorney for the Commonwealth

A

the primary duty of each commonwealth’s attorney is to prosecute all felonies and misdemeanors charged under the Code of Virginia occurring in his or her locality

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15
Q

Clerk of the Court

A

Serves as the recorder of deeds and probate judge

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16
Q

Commissioner of Revenue

A

responsible for taxation

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17
Q

Writ of certiorari

A

request that the Supreme Court order a lower court to send the case record for review

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18
Q

Civil law

A

deals with behavior that constitutes an injury to an individual or other private party, such as a corporation

19
Q

Mediation, Arbitration, Settlement

A

To avoid the expense and delay of having a trial, judges encourage the litigants to reach an agreement, resolving their dispute

20
Q

Retribution

A

Administer punishment and revenge

21
Q

Incapacitation

A

Protect the community by making it impossible for the offender to continue committing the crime

22
Q

Deterrence

A

Discourage the offender from committing the crime again AND discourage others from attempting similar crimes

23
Q

Rehabilitation

A

Helping the offender to change their attitudes and behaviors so they will no longer commit the crime and contribute as a positive member of society

24
Q

Problem-Solving Courts

A

intense programs designed to either offer an alternative to imprisonment, or assist with successful re-entry following release from prison

25
Q

Put the State Courts in order:

A
  1. V.A. Supreme Court
  2. V.A. Court of Appeals
  3. Circuit Court
  4. General District Court
  5. Juvenile & Domestic Relations District Court
26
Q

The power of Judicial Review is what type of power?

A

Implied power

27
Q

Which court case helped establish the concept of Judicial Review?

A

Marbury v. Madison

28
Q

Which federal courts have juries?

A

U.S. District Court, Circuit Court VA

29
Q

Put the steps of a criminal trial in order:

A
  • Step 1: Arrest - If there is enough evidence against someone, they will be charged with a crime and arrested
  • Step 2: Booking & Arraignment - Arraignment = a preliminary court hearing where the judge reads the charges against the defendant and they enter a plea of guilty or not guilty; then a court date is set
  • Step 3: Trial - there are many kinds of trials that take place in US courtrooms; 4 types: civil, criminal, juvenile and traffic
  • Step 4: Closing Arguments - the prosecution and the defense both give closing statements to the jury; Essentially, a conclusion that summarizes why the accused should be found guilty or not guilty; Followed by jury instructions and deliberation
  • Step 5: Verdict - After the Jury deliberates if they come to a unanimous decision, they let the bailiff (official in a court of law who keeps order, looks after prisoners, etc.) know; The verdict is read out loud in court and recorded
  • Step 6: Appeal - if someone is found guilty or liable, they can appeal that decision only if they feel the trial was done incorrectly (Ex: procedure was not followed or protocols with evidence broken)
30
Q

What is the essential function of the Supreme Court?

A

Key function of the Court is to resolve disputes over the meaning of federal law and the Constitution

31
Q

Original jurisdiction

A

The right to hear all cases first

32
Q

Appellate jurisdiction

A

The ability to hear a case from a lower court

33
Q

Limited original jurisdiction

A

The right to hear certain cases first
Ex: a dispute between two states would automatically go to the Supreme Court

34
Q

What are the four types of trials?

A
  • Civil
  • Criminal
  • Juvenile
  • Traffic
35
Q

What are the three types of justice?

A
  • Distributive Justice - Benefits and burdens in society are distributed fairly and shared equally. Everyone gets their fair share.
  • Procedural Justice - The process for solving disputes and making decisions is fair for everyone. Everyone gets treated fairly and equally by the system.
  • Corrective Justice - If one person commits an injustice, another person (or society) therefore suffers an injustice. Corrective justice involves making this situation equal again by somehow righting the wrong.
36
Q

What is the difference between federal and state crimes? Give some examples.

A

Federal crimes are violations of the U.S. Constitution and always overrule state law. For a crime to go to federal court, it must be of federal interest.
Possible Scenarios: The criminal activity occurs in multiple states or involves citizens from different states, the crime happened on federal property (like the robbery of a federal bank), a specific federal law was violated

Examples:
* IRS (tax) violations and mail fraud
* drug trafficking/drug possession
* kidnapping
* counterfeiting bills
* immigration crimes
* copyright infractions

A crime that is a violation of state law; Most criminal activity falls in this category, such as robbery, assault, murder, and many drug-related crimes; A case in which the state is a party, such as state tax violations, real estate cases, malpractice, personal injury cases, and contract disputes; All family, divorce, custody, inheritance cases; Most traffic and juvenile cases
Examples:
* traffic violations
* contract breach
* robbery/burglary/theft
* assault
* arson

37
Q

Requirements to be a justice:

A
  • Nominated by the President and confirmed by the Senate
  • That’s it!
  • No age, race, gender, citizenship requirements
38
Q

Process to go to Supreme Court:

A

The Supreme Court decides which cases it will hear and rule on; SCOTUS has both original and appellate jurisdiction

  1. To appeal, the losing party in a decision sends the Court a petition for a writ of certiorari
  2. Clerks read and summarize petitions for the justices to review
  3. If four of the nine justices agree to hear a case, then the petition for certiorari is granted (“Rule of 4”)
39
Q

Procedure (Supreme Court)

A
  1. Brief
  2. Oral Arguments
  3. Conference
  4. Opinions
  • Trial does not function like trial courts
  • No “evidence” presented or witnesses questioned, etc.
  • Instead, one attorney for each side presents their arguments for 30 minutes while being questioned by justices
  • Once arguments are over, justices will write opinions on the case, and each justice chooses which opinion to sign his/her name to
40
Q

Types of Decisionin Supreme Court Case:

A

Majority Opinion
* Final decision on the case, signed by at least 5 justices
* Becomes precedent for how future similar cases should be decided

Dissenting Opinion
* Written or signed by any justice who disagrees with the majority
* It can become the logic for a future group of justices to overturn this decision

Concurring Opinion
* Written by a justice who votes with the majority, but disagrees with their reasoning
* If a justice has a conflict of interest in a case, he/she may recuse himself (stay off of the case)

41
Q

Famous Justices:

A
  • John Jay - First Chief Justice of the Supreme Court
  • John Marshall - Longest serving Chief Justice; Marbury v. Madison
  • William Howard Taft - Only person to serve as President and Supreme Court Justice
  • Earl Warren - Headed the Warren Commission = investigated the assassination of JFK
  • **Thurgood Marshall - First Black Supreme Court Justice
  • Sandra Day O’Connor - First female Supreme Court Justice**
42
Q

Explain the philosophy of the Constitution as a living document vs originalists:

A

Originalist = look at what is originally written in the constitution
Living Constitution = the Constitution is ever evolving and modern society should be considered in rulings

43
Q

Marbury vs. Madison Full case explanation

A
  • When President John Adams did not win a second term in the 1801 election, he used the final days of his presidency to make a large number of political appointments. When the new president (Thomas Jefferson) took office, he told his Secretary of State (James Madison), not to deliver the official paperwork to the government officials who had been appointed by Adams. Thus the government officials, including William Marbury, were denied their new jobs. William Marbury petitioned the U.S. Supreme Court for a writ of mandamus, to force Madison to deliver the commission.
  • Section 13 of the Judiciary Act of 1789 (a law written by Congress), gave the Supreme Court the authority to issue writs of mandamus to settle disputes such as the one described here. This power to force actions of government officials went above and beyond anything mentioned in Article III of the Constitution.
  • Therefore, in addition to deciding whether or not William Marbury had a right to his job, the U.S. Supreme Court also had to decide whether or not Section 13 of the Judiciary Act was in violation of the Constitution (the birth of Judicial Review)
  • This case did not reach the U.S. Supreme Court the way most issues do. Most cases reach the Supreme Court as the court of last resort, when the Justices are asked to review a decision of a lower court. In this case, William Marbury petitioned the U.S. Supreme Court directly due to the provision in Section 13 of the Judiciary Act of 1789. Note: The power to directly accept petitions such as these is not granted to the Supreme Court in the Constitution.
  • Decision: Though the Justices agreed that William Marbury had a right to his job, they also ruled that issuing the writ of mandamus to force that to happen did not fall under their jurisdiction as stated in the Constitution. The Supreme Court opinion explained that it is within their power and authority to review acts of Congress, such as the Judiciary Act of 1789, to determine whether or not the law is unconstitutional. By declaring Section 13 of the Judiciary Act of 1789 unconstitutional, the U.S. Supreme Court established the doctrine of Judicial Review.

Government (8 decks)

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