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AP Civics & Government > XV - Federal Courts > Flashcards

XV - Federal Courts Flashcards

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1
Q

judicial review

A

Check the power of other branches of gov’t and or/state gov’t

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2
Q

The foundation for powers of the judicial branch and how its independence checks the power of other institutions is found in

A

Article III of the Constitution

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3
Q

What does Article III state about the judicial branch?

A

The judicial power of the US shall be vested in one Supreme court, and in such inferior courts as Congress may from time to time ordain and establish.

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4
Q

Federalist No.78

A

Written by Hamilton in 1788 to discuss power of an independent judiciary

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5
Q

Marbury v Madison (1803)

A

“established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution”

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6
Q

What are the two basic types of cases?

A

Criminal

Civil

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7
Q

Criminal

A

Gov’t charges somebody with violating the law

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8
Q

Civil

A

dispute between two private parties (individual, organization, group, company)

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9
Q

The only punishment in civil cases is

A

Money

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10
Q

Plaintiff

A

One making the accusation

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11
Q

Who determines the if the plaintiff has standing to sue?

A

Court

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12
Q

Standing to sue

A

Plaintiff is the injured party and is involved

Can’t be represented by someone else

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13
Q

Defendant

A

One being sued or accused

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14
Q

amicus curiae

A

Briefs can be filed by people or groups who are not a party in a case

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15
Q

Goal of amicus curiae

A

Hope to influence the decision

Express POV on an issue

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16
Q

Amicus curiae is Latin for

A

“friend of the court”

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17
Q

Who has the power to create other federal courts?

A

Congress

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18
Q

Layers of federal courts

A

SCOTUS
Circuit Courts of Appeals
US District Court

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19
Q

District Courts

A

Typically the court of original jurisdiction

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20
Q

court of original jurisdiction

A

first court that hears a case

Determine the facts of the case

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21
Q

Court of Appeals/ Circuit Courts

A

Not all appeals will be heard

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22
Q

Appellate courts

A

Preside over cases on appeal from lower court

Do not review the facts of the case

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23
Q

Appellate jurisdiction

A

only review any legal issues

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24
Q

SCOTUS

A

final decision made

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25
Q

federal judicial appointments

A

Nominated by President & subject to Senate confirmation

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26
Q

How does federal judicial appointments relate to presidental power?

A

Allows President to have an impact well past their terms in office

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27
Q

How has divided gov’t impact judicial selection?

A

Made the process very contentious

Interest groups try to influence nomination

28
Q

Senate Judiciary Committee

A

Holds a tremendous amount of power in Supreme Court confirmation process

29
Q

Supreme Court confirmation process

A 
Nomination
Vetting
First hearing
Committee vote
Debate on Senate floor
filibuster
Vote for cloture
Final vote
Nomination confirmed
30
Q

Background of justices

A

Have historically not been representative of American population

31
Q

Main factor in selecting judicial nominees

A

Like-minded ideology

Democratic president select individual with liberal leaning

32
Q

Supreme Court

A

Highest court in land

33
Q

SCOUTS composition

A

Currently 9 justices (since 1869)

34
Q

Who has the power to change number of justices?

A

Congress

35
Q

Cases before the SCOTUS

A

Controls which cases it will hear (usually around 80/ year)

36
Q

Rule of 4

A

Only 4 SCOTUS justices needed to choose a case to be heard

37
Q

What are the steps to a case?

A 
Briefs written by attorneys
Amicus curiae briefs
Oral arguments
Private discussion
Decision
38
Q

Two sides to SCOTUS decision

A

Majority opinion

Minority opinion

39
Q

Each opinion has to

A

have a justice that writes an opinion that provides an explanation of their decision

40
Q

Majority opinion

A

Most support

Decision takes effect according to law

41
Q

Minority/ dissenting opinion

A

Legal argument of losing side

May be referenced in future cases

42
Q

Concurring opinion

A

Justice may agree with outcome but may have a different legal reasoning that majority

43
Q

Precedents & stare decisis

A

Play an important role in judicial decision making

44
Q

Precedent

A

Established by majority opinion
Legal standard for future cases
Lower courts must follow legal ruling

45
Q

SCOTUS is able to

A

overturn a precedent from prior SCOTUS decision

46
Q

Overturning a precedent example

A

Brown v BoE (1954) overturned Plessy v Ferguson (1896)

47
Q

Stare decisis is Latin for

A

“the decision stands”

48
Q

Stare decisis

A

Principle of respecting precedent -> stability

Precedent should be causally overturned

49
Q

What has lead to SCOTUS easblishing new/ rejecting existing precedent?

A

Ideological shifts in makeup of SCOTUS

50
Q

John Marshall court

A

decided Marbury v Madison in 1803
Established judicial review
Increase in gov’t power

51
Q

New Deal policies

A

Ruled unconstitutional by conservative court

52
Q

FDR’s court-packing plan

A

Called for increase in number of justices on Supreme Court

Rejected by Congress

53
Q

Warren Court (1953-1969)

A

Dramatic increase in individual rights/ civil liberties

54
Q

Burger Court

A

Moved court in a more conservative direction

55
Q

SCOTUS since 1980

A

Tilts conservative

56
Q

Basis of decision

A

Justices often disagree on how to interpret Constitution

57
Q

Originalism

A

Belief the court should interpret the Constitution as it was originally written

58
Q

Living Constitution

A

Belief the words in Constitution must be understood within the context of times & they have a dynamic meaning

59
Q

SCOTUS implementng decisions

A

Can’t implement decisions

Upheld by executive branch

60
Q

Decisions

A

may or may not be enforced by gov’t

61
Q

Example of SCOTUS decision not enforced

A

Most of South refused to integrate after Brown v BoE

62
Q

How has unpopular or controversial decisions impact Court’s legitimacy & power?

A

Led to questions about Court’s legitimacy & power

63
Q

Judicial restraint

A

defer to democratically elected legislatures

64
Q

Judicial activism

A

Courts should play a large role in protecting the rights of minority

65
Q

Restriction on SCOTUS

A 
Congressional legislation to change impact of decisions
Constitutional amendments
Judicial appointments & confirmations
President & states ignoring decisions
Legislation impacting court jurisdiction

AP Civics & Government (36 decks)

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