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The Judiciary Gov AP
| Question | Answer |
|---|---|
| The United States operates under _______ | a Common Law System |
| (Under Common Law Tradition) _______: Judge-made law that originated in England from decisions shaped according to prevailing custom; decisions were applied to similar situations and gradually became common to the nation | Common Law |
| (Under Common Law Tradition)_______: A court ruling bearing on subsequent legal decisions in similar cases; judges rely on these in deciding cases | Precedent |
| (Under Common Law Tradition)_______: The Latin phrase meaning to stand on decided cases, the judicial policy of following precedentd established by past decisions | Stare Decisis |
| (Under Sources of American Law) The _______ is the supreme law of the land. If a law violates the Constitution it can be declared _______ | US Constitution; Unconstitutional |
| (Under Sources of American Law) The state constitutions are Supreme _______ (unless there is a conflict with the US Constitution) | Within their borders |
| (Under Sources of American Law __ are laws passed by the legislatures.Federal ones cover __. State ones include ____. Cities and counties also pass sones called ___ dealing with zoning and public safety. Laws are also enacted through _______ (bureaucracy) | Statues; Anything related to the federal Government; Criminal codes, Commercial laws, etc; Ordinances; Administrative Agencies |
| (Under Sources of American Law) _______:The rules and principles announced in court decisions; includes judicial interpretations of common law principles and doctrines as well as interpretations of constitutional law, statutory law, and administrative law | Case Law |
| (Under Federal Court System) The United States has a dual court system meaning that they have state courts and federal courts | Dual Court System |
| (Under Federal Court System)Before a case can be brought before a court, _______. | Certain requirements must be met |
| (Under Federal Court System: Basic Judicial Requirements) The authority of of court to decide all cases. Where a case arises and what its subject matter is are two ______. | Jurisdictional Factors |
| (Under Federal Court System: Basic Judicial Requirements) Where does the constitution limit the jurisdiction of the federal courts to cases that either involve a federal question or diversity of citizenship | Article III, Section 1 |
| (Under The Federal Court System: Jurisdiction) _______: A question that pertains to the US Constitution, acts of Congress or treaties | Federal Question |
| (Under The Fed Court System: Jurisdiction) ___:lawsuit that involves citizens of different states or citizens of a US state and citizen of a foreign country.The amount in controversy must be _______ before a fed court can take jurisdiction in such cases | Diversity of Citizenship; At least $75,000 |
| (Under Types of Federal Courts) ______: They are _______- courts in which trials are held and testimonies are taken | Us District Courts; Trial Courts |
| (Under Types of Federal Courts: US District Courts) There is at least _______ federal district court in every state | One |
| (Under Types of Federal Courts: US District Courts)Anyone who is dissatisfied with the decision of a district court judge can appeal the case to the appropriate US court of appeals of _______ | Federal Appeallate Courts |
| (Under Types of Federal Courts: US Court of Appeals)There are _______ US Courts of Appeals | 13 |
| (Types of Fed Courts:US Court of Appeals)When an appellate court reviews a case decided in a district court,the Appellate Court doesn't __.A panel of __judges reviews the record of the case and determines whether the trial court committed an error | Conduct another Trial; 3 or more |
| (Under Types of Federal Courts: US Court of Appeals)A party can petition the _______ to review an appellate court's decision | Supreme Court |
| (Under Types of Federal Courts: US Supreme Court)_______ of the Constitution states that the Supreme Court is the highest court in the land. There are _______ judges on the Supreme Court | Article III; 9 |
| (Under Parties to Lawsuits) The parties of lawsuits are the _______ (the person or organization that initiates the lawsuit) and the _______ ( the person or organization against whom the lawsuit is brought) | Plantiff; Defendant |
| (Under Parties to Lawsuits)_______: To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit | Litigate |
| (Parties to Lawsuits)__:A ___(a document containing a legal argument supporting a desired outcome in a particular case)filed by a 3rd party,or amicus curiae(friend of the court)who is not directly involved in the litigation but has interest in the outcome | Amicus Curiae Brief; brief |
| Under Parties to Lawsuits)_____: lawsuit filed by an individual seeking damages for " a persons similarly situated" | Class Action Suit |
| (Under Procedural Rules) Procedural Rules are designed to protect the _______ and _______ of the parties. | Rights and Interests |
| (Under Procedural Rules) The Supreme Court has held that the parties' attorneys cannot decriminate against prospective jurors on the basis of _______ and _______ | Race and Gender |
| (Under Procedural Rules) When a party does not follow a court's orders, the court can cite him or her for ______ | Contempt |
| (Under the Supreme Court at Work) The Supreme Court begins its regular annual term on the _______ and usually adjourns in _______ | The first Monday in October; late June or Early July |
| (Under the Supreme Court at Work: Which cases reach the Supreme Court) T or F: There is no absolute right of appeal to the Supreme Court, the Court can choose which cases it will decide. | True |
| (Under the Supreme Court at Work: Which cases reach the Supreme Court: Factors on picking) What are the factor that go into which cases the Supreme Court picks? | 1.Whether a legal question has been decided differently by various lower courts and needs resolution 2.Whether a lower court's decision conflicts with an existing supreme ruling 3.Whether the issue could affect others 4.The Solicitor General |
| (Under the Sup. Court at Work: Which cases reach the Sup. Court: Factors of Picking)___: A higher ranking presidential appointee within the Justice department;represents the Nat. govt in the Sup. court and promotes presidential policies in the fed courts | The Solicitor General |
| (Under the Supreme Court at Work: Which cases reach the Supreme Court: Granting petitions for Review) ____: An order issued by a higher court for a lower court to send up the record of a case for review; the principle vechicle for the US Sup. Court review | Writ of Certiordri |
| (Under the Supreme Court at Work: Which cases reach the Supreme Court: Granting petitions for Review) _______: A US Supreme Court procedure requiring 4 affirmative votes to hear the case before the full court | Rule of Four |
| (Under the Supreme Court at Work: Which cases reach the Supreme Court: Deciding Cases) The Supreme naturally does not hear any _______. The Court's consideration of a case is based on abstracts, the _____ and _____ | Evidence; Record and Briefs |
| (Under the Supreme Court at Work: Which cases reach the Supreme Court: Deciding Cases) The attorneys are permitted to present _______, verbal arguments presented by attornets to the appeallate court. Each attorney present reasons to the court why _____ | Oral Arguments; the court should rule in his or her client's favor |
| (Under the Supreme Court at Work: Which cases reach the Supreme Court: Deciding Cases) The justices meet in _______ to decide on the case. | Private |
| (Under the Supreme Court at Work: Which cases reach the Supreme Court: Deciding Cases) Who is the most recent appointment that was made by president Obama? | Elena Kagan |
| (Under the Supreme Court at Work: Which cases reach the Supreme Court: Decisions and Opinions)When the Court reaches its decision,its opinions are ___.The ___ is a statement by a judge or a court of the decision reached in a case tried or argued before it | Written; Opinion |
| (Under the Supreme Court at Work: Which cases reach the Supreme Court: Decisions and Opinions) The _______ sets forth the law that applies to the case and details the legal reasoning on which the ruling was based. | Opinion |
| (Work of Sup. Court:Decisions and Opinions)In many cases the lower court decision is ___, or declared valid, and must stand. The court can ___ the rulings made by the lower courts. The case can be ___,or sent back to the orginal lower court for new trial | Affirmed; Reverse; Remanded |
| (Under Supreme Court:Decisions and Opinions)What are the possible opinions that the Supreme court can come to? | Unanimous Opinion, Majority Opinion, COncurring Opinion, and Dissenting Opinion |
| (Under Supreme Court:Decisions and Opinions) _______: All judges agree | Unanimous Opinion |
| (Under Supreme Court:Decisions and Opinions) _______: A court opinion reflecting the views of the majority of the judges | Majority Opinion |
| (Under Supreme Court:Decisions and Opinions)___:A sperate opinion,prepared by a judge who supports the decision of the majority but who want to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made | Concurring Opinion |
| (Under Supreme Court:Decisions and Opinions) _______: A separate opinion in which a judge dissents from (Disagrees with) the conclusion reached by the majority of the court and explains his or her views about the case | Dissenting Opinion |
| (Under the Selection of Federal Judges) All federal judges are appointed and must be approved by the _____ | Senate |
| (Under the Selection of Federal Judges) Where in the Constitution does it say with the federal judges are appointees and must be approved by the Senate? | Article III, Section 2 |
| (Under the Selection of Federal Judges) Federal Judges serve _______ but may be removed by ________ | For Life; Impeachment |
| (Under the Selection of Federal Judges: Judicial Appointments) ________: Appointments originate with a senator from the president's political party from the state which there is a vacancy | Federal District Court Judgeship Nominations |
| (Selection of Fed Judges:Fed District Court Judgeship Nominations) ___:A senate tradition allowing a senator of the Pres's political party to veto a judical appointment in his state by simply indicating that the appointment is personally not acceptable | Senatorial Courtesy |
| (Under the Selection of Federal Judges: Judicial Appointments) _______: The president uses a list given to him by the Circuit Cudge Nominating Commission to select a potential candidate | Federal Court of Appeals Appointments |
| (Under the Selection of Federal Judges: Judicial Appointments) ______: Nominations and appointmes are made by the president alone | Supreme Court Appointments |
| (Under the Selection of Federal Judges: Judicial Appointments) What are the different types of appointments? | Federal District Court Judgeship Nominations, Federal Court of Appeals Appointments, Supreme Court Appointments |
| (Under Policymaking and the Courts)What power was given to Congress by the Marbury v. Madison case of 1803? | Judical Review |
| (Under Policymaking and the Courts) _______: A doctrine holding that the supreme court should take an active role in using its powers to check the activities of congress, state legs., and administrative agencies when those bodies excedd their authority | Judical Activism |
| (Under Policymaking and the Courts) What is an example of Judical Activism? | The Warren Court from 1953 to 1969 |
| (Under Policymaking and the Courts) _______: A doctrine holding that the supreme court should defer the decisions made by the elected representatives of the people in the legislative and executive branches | Judical Restraint |
| (Under Policymaking and the Courts) Judical activism is sometimes linked with _______, and judical Restraint is linked with _______ | Liberalism; Conservatism |
| (Under Policymaking and the Courts) Today's supreme court has moved far from the _______ positions taken by the _______ court | Liberal; Warren |
| (Under Policymaking and the Courts) Since the mid-1990s, the supreme court has issued numerous _______ rulings | Conservative |
| (Under Policymaking and the Courts) Some observers believe that the Supreme Court, with its conservative majority, has become increasingly _______ since the 1990s | Activist |
| (Under What Checks Our Courts) What checks our courts? | Executive Checks, Legislative Checks, Public Opinion, Judical Traditions and Doctrines |
| (Under What Checks Our Courts) _______: The Supreme court does not have any enforcement powers; whether a decision will be implemented depends on the cooperation of the other two branches of government | Executive Checks |
| (Under What Checks Our Courts: Executive Checks) _______: The way in which court decisions are translated into action. What is an example? | Judicial Implementation; Brown v Board of Education |
| (Under What Checks Our Courts) _______: Funding comes from congress, court rulings can be overturned by constitutional amendments (14th, 14th, 26th); Congress can rewrite old laws or enact new ones to overturn court rulings | Legislative Checks |
| (Under What Checks Our Courts)What are some examples of public opinion checks? | Prayer in public schools, the execution of mentally retarded criminals |
| (Under What Checks Our Courts) _______: ______-following precedent; if a _______ (an issue that a court believes should be decided by the executive or legislative branch) is involved the supreme court will oftern refuse to rule on the matter. Example? | Judicial Traditons and Doctrines; Stare Decisis; Political Question; Gay rights in military |
| (Under What Checks Our Courts) _______:an issue that a court believes should be decided by the executive or legislative branch | Political Question |
Created by:
kittybroad