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Gov #8
| Question | Answer |
|---|---|
| What is original jurisdiction? | The first court to hear a case. |
| What is appellate jurisdiction? | They hear cases from lower courts. |
| What is in article 3? | Supreme Court (only court in article 3), gives terms of judges (life terms), says president appoints and Senate confirms, defines treason, and says what jurisdiction is. |
| What are the only 3 ways that a judge can leave? | Death, retirement, and impeachment. |
| Who created the rest of the courts and their terms? (What are the terms?) | Congress. They create the number of court jurisdictions (the number of courts in total), they create the number of supreme court justices. |
| What is a federal district court? (there are also state district courts) | They have original jurisdiction over federal cases. |
| What is a federal court of appeals? (there are also state courts of appeals) | They have appellate jurisdiction and look over decisions made by lower courts. |
| What is the Judiciary Act of 1789? | Set up the court system. |
| Is there judicial review in article 3? | NO. |
| What is the job of the solicitor general? | Argues on behalf of the president. |
| What is amicus curiae? | People who feel like they'll be affected by the case and submit their own briefs and opinions. (Means friend of the court) |
| Know the process of the judicial system. | (In notes) :) |
| What does federalist 78 say? | Says that judges need independence from political influence and so life terms are necessary for them. They also have no enforcement mechanisms. Judges have the authority to void laws that are contrary to the Constitution. |
| What is a precedent? | Principle that rulings should be based on previous rulings in similar cases. |
| What is stare decisis? | Principle that judges should follow precedent. |
| What is strict construction? | Government can only act on things that are explicitly listed in Constitution. |
| What is orginalism? | The Constitution should be interpreted as close to the framer's original meaning. |
| What is judicial restraint? | Courts should avoid political questions; smaller role for the Supreme Court. Puts more emphasis on stare decisis. Should not strike down laws unless they are clearly unconstitutional;should avoid injecting their own policy preferences into their decisions |
| What is loose construction? | If constitution doesn't say the government can't do something, it can. |
| What is living constitution? | The meaning of the constitution should change and reflect modern understanding. |
| What is judicial activism? | Expansive; looking for new rights, often addresses political issues. Judges make rulings that are seen as a departure from precedent, using their personal views to create new social policies rather than strictly interpreting the law. |
| What are the ideas of conservative judicial philosophy? | Strict construction, orginialism, and Judicial restraint. |
| What are the ideas of liberal judicial philosophy? | Loose construction, living constitution, and Judicial activism. |
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