Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Test #3
| Term | Definition |
|---|---|
| A judge must wait for _______ to go to court and to review a case. | someone to file a lawsuit |
| Judges do not have ______ to represent unlike the legislative and executive branches. | constituents |
| What are judges responsible for? | for upholding constitutions |
| To resolve legal disputes, courts in the united states implement a _________ system. | adversarial judicial system |
| What is a adversarial judicial system? | With each of the two parties in a legal dispute presenting its set of facts. One party will win and one party will lose. |
| The ability of a court to hear a case depends on whether that court has what? | jurisdiction |
| What is jurisdiction? | the legal authority of a court to resolve a case, which is established by either a constitution or a statute. |
| Trial courts have what? | original jurisdiction |
| What is original jurisdiction? | means they are the first courts to hear a case and try to resolve it based on determining the truth of what occurred the facts of the case. |
| Appellate courts have what kind of jurisdiction? | appellate jurisdiction |
| What is appellate jurisdiction responsible for? | correcting errors made by other courts when they interpret and apply law in a specific case. |
| What do appellate courts and appellate jurisdiction do? | they review the procedures used and decisions made by judges in cases already decided by another court and determine what the law is; they make law. |
| In resolving disputes, what are courts responsible for? | for ensuring that the U.S. Constitution is not violated. |
| What is judicial review? | is the court's authority to determine that an action taken by a government official or governing body violates the constitution. |
| What is law? | is a body of rules established by government officials that bind governments, individuals, and non-government organizations. |
| What is common law? | judge-made law, not written |
| What does the doctrine of stare decisis stand for? | let the decision stand |
| What does the doctrine of stare decisis do? | directs judges to identify previously decided cases with similar facts and then apply to the current case the rule of law used by the courts in the earlier cases. |
| What are precedent cases? | the previous cases with similar facts identified by judges |
| What is the Constitutional Law? | the body of law that comes out of the courts in cases involving constitutional interpretations |
| What is the U.S Code? | a compilation of all laws passed by the U.S. Congress; 50 sections over issues including agriculture, bankruptcy, highways, the postal service, war and defense. |
| What is the Penal Code? | each state has a penal code, the compilation of a state's criminal law-legislation that defines crime-into one document |
| A president can enact an __________ from the other branches of government, though ________ are subject to judicial review and depend on the legislature for funding. | executive order w/out input executive orders |
| What is criminal law? | is the body of law dealing with conduct considered harmful to the peace and safety of society, even when directed against an individual. |
| Each state established its own ______, in its penal code. | criminal law |
| What are vast majority of crimes defined by? | state legislation |
| What courts resolve the overwhelming majority of criminal lawsuits? | state courts |
| What does beyond a reasonable doubt mean? | meaning there is no doubt in the mind of the judge or the jury that the defendant is guilty of violating the criminal law as charged. |
| Who typically determines the punishment if the defendant is found guilty? | the judge |
| Why do most criminal cases never go to trial? | because most criminal offenses plead guilty prior to trial |
| What rights do criminal defendants have? | right to a speedy trial, exclusion of evidence that law enforcement gained through an unreasonable search or seizure, assistance of counsel, protection from cruel & unusual punishment, legal right to appeal once found guily |
| What is criminal law? | body of law dealing with private rights & obligations that are established by voluntary agreements (written and oral contracts), legislation, constitutions (which establish civil rights and liberties), administrative rules & regulations, or common law. |
| What do civil lawsuits involve? | disputes between individuals, between an individual and a corporation, between corporations, and between individuals and their governments. |
| In civil law disputes, one party (the complainant) alleges that some action or inaction by the other party (the respondent) has caused what? | harm to his or her body, property, psychological well-being, reputation, or civil rights or liberties |
| What is tort? | when the harm is to a person's body or property and is caused by another person's negligence or other wrongful act, other than the violation of a contract. |
| Where do the most common civil lawsuits come from? | traffic accidents |
| Divorce and other family conflicts are also resolved in _____ lawsuit because of a marriage contract. | civil |
| Do civil lawsuits face punishment like criminal cases? | no they often pay monetary damages to the complainant. |
| Appellate court cases do not include what? | they do not include the questioning of witnesses, nor do they use juries. |
| appellate court case party's each submit what? | the facts as it sees them and legal material |
| Federal courts are empowered to hear only cases involving what? | a federal question or diversity of citizenship |
| What is federal questioning? | is a question of law based on interpretation of the U.S. Constitution, federal laws (including common law, statutory law, administrative law, and executive orders), or treaties |
| What is diversity of citizenship? | means that the parties in the case are individuals from different states or that the case involves a U.S. Citizen and a foreign government. |
| The federal court system is a _____-tiered hierarchical system. | three |
| Where courts are at the bottom, in the first tier of the hierarchical system? | U.S. District courts |
| What are U.S. District courts? | the federal trial courts with original jurisdiction over a case. |
| What courts are in the middle tier of the federal system? | the U.S. Courts of appeal |
| What kind of jurisdiction do the U.S. Courts of appeal have? | appellate jurisdiction |
| What courts are at the top of the federal court hierarchy, in the top tier? | the U.S. Supreme Court |
| What jurisdiction does the U.S. Supreme Court have? | appellate jurisdiction and rarely used, very limited original jurisdiction. |
| The U.S. Supreme Court is the federal court of what? | last resort |
| What are the U.S. Supreme Courts? | FISA court, U.S. Bankruptcy court, the U.S. Court of Military Appeals, the U.S. Tax Court and the U.S. Court of Veteran's Appeals. |
| Why did Congress establish Article I courts? | to help administer specific federal laws; therefore, these courts have administrative as well as judicial responsibilites |
| Unlike the judges in article III courts, the judges in the U.S. Special Courts who preside over these courts are appointed to serve for ____ terms. | fixed |
| How many federal district courts are there? with how many judgeships? | 94 federal district courts 677 judgeships |
| Each state has between __ and __ district courts. | 1 and 4 |
| What kind of jurisdiction does the U.S. District Court have? | Original, mandatory jurisdiction |
| What is original, mandatory jurisdiction? | means they must hear every case filed with them |
| Judges on the courts of appeals work in panels of _____ to review cases | three |
| What kind of jurisdiction does U.S. Court of Appeals have? | mandatory jurisdiction |
| What kind of court is the U.S. Court of Appeals considered? | Intermediate appellate courts |
| Why are U.S. Courts of Appeals considered Intermediate Appellate courts? | because they are not constitutionally the court of last resort |
| Where are U.S. Courts of Appeals on the federal judicial hierarchy levels? | at the middle level |
| Where is the U.S. Supreme Court on the federal judicial hierarchy? | At the top |
| What cases is the supreme court's original jurisdiction limited to ? | ambassadors, public ministers, and consuls, and those involving two or more states |
| What is discretionary jurisdiction? | means the justices choose the cases they will hear from among all the cases appealed to the Court |
| How many judges/justices sit on the supreme court? | 9 |
| The chief justice is selected by who? | a president - the judge who provides both organizational and intellectual leadership on the court. |
| How many justices are considered the associate justice? | the remaining 8 justices |
| What are supreme courts named for? | the current chief justice |
| Who/how are federal judges chosen? | by the president's authority to appoint with the advice and consent of the senate |
| What is the senatorial courtesy? | a custom that allows senators from the president's political party to veto the president's choice of federal district court judge in the senator's state |
| How are all 9 supreme court justices? | Chief justice John G. Roberts Jr., Anthony M. Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer, Samuel Anthony Alito Jr., Sonia Sotomayor, Elena Kagan, and Neil Gorsuch |
| Who is the defendant? | the party against whom the complaint is made |
| What is a defendant? | an individual, company, or institution sued or accused in a court of law. |
| What is a plaintiff? | is a person who brings a case against another in a court of law. |
| How are case names usually given? | with the plaintiff first, as in Plaintiff v. Defendant. |
| Who is the solicitor general? | is the law officer directly below the attorney general (third ranking) in the US Department of Justice responsible for arguing cases before the US Supreme Court. |
| Who is the current solicitor general? | Scott Keller from 2014-present |
| How many certiorari petitions are filed with the court each year? What are they asking for? | 7,000 each asking for the review of a case already decided |
| How many cases do the justices determine to hear? | less than 100 cases in each annual term |
| When does the annual term start/begin? | October and typically runs through the following June or July |
| The justices determine which cases from the writ of certiorari to ____. | hear |
| What is the Rule of Four? | under which the justices will hear a case if four or more of the nine justices decide they want to hear it |
| what is a brief? | a document detailing the legal argument for the desired outcome. |
| What are Amicus curiae briefs are a common part of _________. | Supreme Court litigation |
| Who is a amicus curiae brief filed by? | a person or group that is not a party to the lawsuit |
| What does amicus curiae mean? | friend of the court |
| Why is the amicus curiae brief written? | to influence the court's decision in a specific case |
| What kind of cases with the potential to affect public policy trigger the filing of many __________. | amicus briefs |
| Jurists _______ have to legally consider the information provided in amicus curiae briefs. | DO NOT |
| What are concurring opinions? | agree with how the majority opinion decides the case but disagree with at least some of the legal reasoning or conclusions reached in the majroity opinion. |
| What are dissenting opinions? | not only disagree with the legal reasoning but also reject the underlying decision in the case |
| What happens after the opinions are written and signed off on? | the court announces the decision by publishing it. |
| When considering the court's role as policy makers, legal analysts often categorize judges and justices as exercising either ____ and _____. | Judicial activism or judicial restraint |
| What is judicial activism? | refers to the court's willingness to strike down laws made by elected officials as well as to step away from past precedents, thereby creating new laws and policies. |
| Why is the judicial activism often used by people? | to criticize judges when they do not agree with a court's decision |
| What is judicial restraint? | the limiting of their own power as judges |
| What do judicial restraint believe in ? | believe that the judiciary, as the least democratic branch of government, should not check the power of the democratically elected executive and legislative branches unless their actions clearly violate the constitution |
| What do judicial activism believe in? | reflects the notion that the role of the courts is to check the power of the federal and state executive and legislative branches when those governmental entities exceed their authority or violate the constitution |
| What is the number of supreme court justices? | 9 |
| Number of law clerks? | 37 |
| What are the authors of first drafts of most opinions? | law clerks |
| Occurrence of unanimous decision are _____. | rare |
| What is the average percentage of dissenting opinions? | 60% |
| What is the average percentage of concurring opinions? | 40% |
| What percent is the amicus brief activity? | 90% |
| What are checks and balances? | formidable checks on the judiciary comes from the legislative and executive branches |
| What do checks and balances do? | grants Congress the power to create all federal courts other than the supreme court and gives both the president and the U.S. Senate important powers in determining who sits on all federal courts. |
| why does the constitution create a legislative check on the judiciary? | because the framers established only the supreme occur and left it up to congress to create the lower federal courts. |
| What can Congress control through legislation? | the number of judges or justices who serve in the federal judiciary |
| What is the chief legislator's presidential role? | presidents can influence congress by lobbying its members to support or oppose pending legislation and by defining the congressional agenda in the annual presidential state of the union message also legislate when they submit the budget for the entire gov |
| What is the presidential role of Chief Economist? | submitting a budget to congress reflects what has become another key presidential role: the manager of the economy |
| What is the presidential role of a Party Leader? | 1 of the most important domestic roles for the president is political. is a symbolic leader for the party member and asserts influence in the party's operations by selecting the national party chair and serving as the party's premier fundraiser |
| What is the presidential role of the Chief Diplomat? | the president shapes and administers the nation's foreign policy. the president creates and administers foreign policy. |
| What is the presidential role of Commander in Chief? | the president is the supreme military commander of the U.S. Army, Navy, Air Force, Marines, and Coast Guard. Counseled by advisers, he president decides when to send troops into battle and sets military strategy in times of both peace and war |
| What is the presidential role of Chief Executive? | appoints the secretaries of the cabinet - the 15 departments of the federal gov - as well as the heads of other federal gov agencies charged w/ developing and implementing the administrations policy. appoints other staff in the executive office |
| What is the presidential role of Chief of State? | similar to the ceremonial role played by the constitutional monarch in parliamentary systems such as great Britain's. |
| What is the role of the VP? | they are the first in line of succession to the presidency if the president should die or become incapacitated. only 8 presidents have died while in office, and although presidential succession may not be the consideration for the presidents candidates |
| What does the VP do? | serves a largely ceremonial function performing such activities as attending state dinners, visiting foreign nations, and attending the funerals of foreign dignitaries. |
| Last 10 presidents in order first and last name | #45 Donald Trump, #44 Barack Obama, #43 George W. Bush, #42 Bill Clinton, #41 George H. W. Bush, #40 Ronald Reagan, #39 Jimmy Carter, #38 Gerald Ford, #37 Richard Nixon, #36 Lyndon B. Johnson, #35 John F. Kennedy |
| How does the U.S. Constitution address the role of the president? | He is the face of our country, they are all basically the same thing because in all roles the president is the face of our country and the symbol of all of us people |
| Who has the power to issue executive orders? | the president |
| What are the general functions of executive orders? | direct the enforcement of congressional statues or Supreme Court rulings, enforce specific provision of the Constitution, guide the administration of treaties w/ foreign gov, create/change the guideline in executive agency |
| Executive orders can be a what? | important strategical tool |
| Why are executive orders an important strategical tool? | because they convey the president's priorities to the bureaucracy that implements the laws |
| Executive orders have what? | very few limitations and stipulations |
| What is one limitation of executive orders? | the presidents cannot use them to create new taxes or appropriate funds, because the constitution reserves those powers for Congress |
| What is executive privilege? | the authority of the president and other executive officials to refuse to disclose information concerning confidential conversations or national security to congress or the courts |
| What justifies the withholding of certain information from congress or the judiciary/ | the constitutions' framework of separation of powers |
| Why do presidents typically claim executive privilege? | so that they can get advice from aides without fear that such conversations might be made public or scrutinized by members of foreign policies w/ other heads of state, to shield those leaders from having sensitive negations examined by the other ranches |
| What does the 25th amendment say? | "whenever there is a vacancy in the office of the VP, the president shall nominate a VP who shall take office upon confirmation by a majority vote of both houses of congress." |
| When does the VP take place of the president? | in succession and they choose the new VP |
| What is the 1-4 line of presidential succession? | 1. Vice President, 2. Speaker of the House of Representatives, 3. President pro term of the Senate, 4. Secretary of State. |
| What is impeachment? | the power of the House of Representatives to formally accuse the president of crimes |
| What are the 3 qualifications to become president? | 1. natural born citizen, 2. 35 years old, 3. resident for 14 years |
| The 22 amendment does what? | limits presidential term limits |
| What are congressional powers? | congress has the power to establish post offices and post roads, issue patents and copyrights, fix standards of weights and measures, establish courts inferior to the supreme court, and "to make all laws the foregoing powers, and all other powers |
| What does Article 1 of the US Constitution do? | gives congress its powers and limits |
| What does bicameral mean? | two-house created from the constitution, in which one house, the House of Representatives, would be based on population, and the other chamber, the senate would be based on state representation. |
| How many senates are elected per state? | two |
| How many total senates are there? | 100 |
| How long is one senate term? | 6 years |
| What is the senate term limit? | none |
| How long is one house of representative term? | 2 years |
| What is the term limit for house of representatives? | none |
| How many house of representatives are there? | 435 |
| How long is the presidents term? | 4 years |
| What is the term limit for presidents? | no more than 2 times |
| How long is the VP term? | four years |
| What is the term limit for VP? | none |
| How many members are there of the Supreme Court? | 9 |
| What are the five steps to a bill becoming a law? | 1. Introduction 2. Committee Review, 3. House and senate approval, 4. conference committee reconciliation, 5. presidential approval |
| what is a select committee? | specially created to consider a specific policy issue or to address a particular concern |
| What are joint committees? | are bicameral committees composed of members of both chambers of congress |
| What happens to most bills that are introduced into committee? | they die |
| What are standing committees? | are permanent committees with a defined legislative jurisdiction |
| What are the duties of enumerated Power of Congress? | regulate commerce, declare war, create inferior court to SC, establish post office and post roads |
| what are implied powers? | powers not authorized but assumed/came from necessary and proper clause |
| What is the term of office for members of the house? | 2 years |
| What is the term of office for senator? | 6 years |
| What is the term limit for members of congress? | none |
| Who is the most powerful person in all of congress? | speaker of the house |
| What are committees? | groups of people who handle different parts of the project instead of everyone working in one larger group |
| Who do the members of the house appoint for their committees? | resident of their district |
| Who does the senate appoint for their committees? | residents of the state |
| What is a standing committee? | most common committee, more or less permanent, perform the legislative work of congress (work on bills), divided into sub-divisions to handle committee's work in specific areas |
| What are sub-division committees created for? | limited purpose or specific period of time |
| What is a joint committee | when members from both houses work together |
| What do committee chairs decide? | when committee meets, who serves on which subcommittees, which bill committee will consider |
| How many bills are introduced to Congress every term? | around 10,000 to 12,000 bills |
| Typically ow many bills become laws? | several hundred |
| Who is the current speaker of the house? | Rep. Paul D. Ryan |
| Who is the majority republic leader? | Rep. Kevin McCarthy |
| Who is the majority republic whip? | Rep. Steve Scalise |
| Who is the republican committee chairman? | Rep. Luke messer |
| Who is the democratic Leader? | Rep. Nancy Pelosi |
| Who is the democratic Whip? | Rep. Steny Hoyer |
| Who is the assistant Democratic leader? | Rep. James Clyburn |
| Who is the democratic caucus chairman? | Rep. Joseph Crowley |
Created by:
1750649968530372