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AP GOV 4.4
| Question | Answer |
|---|---|
| Induvidual charged with violating a specific law, provides punishment for crimes against society | Criminal law |
| No charge of criminality; comes dispute between 2 parties, defining relationship between them | Civil law |
| submitted; formal document ordering lower court to send up a record of the case for review; puts case on docket for the court | Writ of Certiorari |
| If four justices grant review of the case, it can be scheduled | Rule of Four |
| important influence on court; presidential appointee in charge of arguing court litigation of the Federal Governemt; has the confidence in the court granting large chunk of cases they see | Solicitor general |
| Recived by the court from both sides, informing justices of arguments & facts; also recieved from parties interested in case | Submitted briefs |
| "friend of the court" submitted briefs | "amicus curiae" |
| Lawyers argue the case to the four justices; after brief intro speech they spend most time answering questions posed by the justices | Oral Arguments |
| Chief justice calls each justice in order of seniority to share thoughts and which side they agree on; followed by debate to reach agreement & write majority opinon | Judicial conference |
| written by a justice on which side wins; details why they voted the way they did | majority opinon |
| Content of opinon equal in importance as the descion itself, written opinion is legal opinion behind the decsicion, justices are free to write own opinions or join others | Opinon writing |
| 1. Submitted Writ of Certiorari, 2. Rule of Four, 3. Both sides submit briefs, 4. Oral Arguments, 5. Conference, 6. Opinion writing, 7. Court decides ruling | Steps of a supreme court case |
| Support of 5/9 judges meaning the opinion is official ruling for who won, decision can be unanimous | Majority opinoin |
| Written in support of majoirty but outline different legal opinion on how the case should have been argued or viewed | Concuring opinon |
| Written by justices who disagree with the majority, offering alternative ruling with why the other side should have won | Dissenting opinion |
| Unsigned majority opinion ruling/declaring a winner; unsigned so author is unkown, very brief, merely states who won | Per Curium Opinion |
| vast majority of case settlement - "let decision stand", earlier decisions should hold for case being considered | "stare decisis" |
| declared ruling where court officially issues ruling to nation; announces winning side, creating precedent for future cases related in subject | Court ruling |
| Allows Congress ability establishing lower federal courts of general distinction | Constitution |
| Judiciary Act of 1789 | Congress created system of constitutional courts |
| Congress created system of constitutional courts | Judiciary Act of 1789 |
| Courts of originial jurisdiction; trial courts, only federal court where trials are held & juries may be impaneled | District Courts |
| Empowered to review final district court decisions, also authority to review & enforce federal regulatory agencies orders | Courts of Appeals & Appellate jurisdiction |
| Highest Court; only specifically establist in Article III of constitution | The Supreme Court |
| Number of justices in Supreme Court | Nine justices; 8 associates & 1 chief |
| Numbered remained same at 9 justices since | 1869 |
| Resolving state conflicts, maintaining national law supremacy, ensures uniformity in interpretation of national laws | Functions of Supreme Court |
| Cases appealed from state courts | Must involve a "substantial federal question" |
| Must involve a "substantial federal question" | Cases appealed from state courts |
| Nominates people to fill judicial posts | President |
| Confirm judicial nomination by majority vote | Senate |
| Constitutionally gaurentees to federal judges | Right to serve for life |
| Only occured 7 times; only grounds for removal for federal judges | Impeachment |
| relied on by the president to screen canidates for the Supreme Court Justices | Attourney general & department of Justice |
| questions federal judge nominee background & judicial philosophy in detail | Judiciary commitee |
| Increased probability of opposition for justice nomination | Presidents who are minority party in senate or make nominations at ends of terms; questioining of nomminees competence/ethics |
| Ideological opposition | Non-valid vote against confirmation for court nominee |
| As important as partisanship, presidents want to appoint federal bench people with same view | Ideology |
| Constitution and law should be interpreted by what the founding fathers meant by it at the given time - generally favored by Conservatives | Originalism/textualism |
| The constitution is a living document and should be interpeted/change with society; loosr interpretation - generally favored by liberals | Living Constitutionalism |
| Belives the judiciary shouldnt create policy; only overturn laws/actions by congress/president when needed | Judicial restraint |
| Belives the court should have a role in society in creating policy, even if it comprimises presidential or congressional relationships | Judicicial Activism |
| Established Supreme Court power of judiciary review in Marbury v. Madison | John Marshall |
| Marbury v. Madison | Case which prompted judiciary review |
| 1937; proposed by FDR to expand the number of justices on the Supreme Court | "court-packing plan" |
Created by:
jbearden582