AP Gov test 1

Hamilton's view of the Supreme Court in Federalist 78?

Weakest of the 3 branches

Establishes a court's jurisdiction?

A constitution or a statute

Main courts of original jurisdiction?

Trial courts

Supreme Court—predominate jurisdiction?

Appellate jurisdiction

Judicial Review?

Court authority to determine that an action by any governmental body violates or doesn't violate the Constitution (established by Marbury v. Madison)

Early status of the federal judiciary?

Weak and had little authority and unmodified

Number of courts Americans are subject to?

2 courts (Federal and State)

Type of court system in the United States?

Dual court system

Common law?

Judge-made law grounded in tradition and previous judicial decisions. Judges use their understanding of societal norms to make decisions, then establish legal principles for similar cases.

Stare decisis?

Let the decision stand; identify previous decided cases with similar facts and apply the past rule of law to the current case (reliance on precedent).

Constitutional law?

Body of law that interprets the U.S. Constitution and outlines the interpretation of the Constitution. All laws in the U.S. must comply with the U.S. Constitution.

The highest form of law?

The U.S. Constitution

U.S. statutes and acts?

All found in the U.S. Code and laws written by legislators and Congress

U.S. Code?

A compilation of all the laws passed by U.S. Congress

Penal Code?

A compilation of a state's criminal law

Executive orders?

The president can issue orders that create or modify public policy and direct the implementation of laws (presidential law with weight but not binding long-term).

Administrative rule making?

Uses administrative discretion to establish rules and regulations necessary for the effective implementation of policy.

State legislation?

Deals with the majority of crimes in the U.S.

Violation of criminal law—who files suit?

The National or State government

Tort?

A situation when a person's body or property is harmed by another's negligence or other wrongful act, other than the violation of a contract.

Criminal vs. civil trials—differences?

Criminal trials involve higher degrees of certainty of guilt; civil trials involve disputes between people or corporations.

Courts of last resort?

U.S. Supreme Court and State Supreme Court

Federal district courts established by whom?

Congress

Jurisdiction of federal courts?

Empowered to only hear cases involving a federal question or diversity of citizenship.

FISA?

Article I court (Foreign Intelligence Surveillance Act); has come under increased scrutiny since 9/11.

Number of Federal District Courts in the U.S. court system?

94

Number of Federal Courts of Appeals?

12

Purpose of U.S. courts of appeals?

Covers specific kinds of cases involving international trade, government contracts, and patents; federal courts with mandatory appellate jurisdiction.

Number of justices on the Supreme Court/leading justice?

9 justices

Symbolic representation?

Diversity among government officials is a symbol that our democracy is functioning appropriately. It offers hope to groups seeking equal representation and influence.

Descriptive representation?

The attempt to ensure that government institutions include representatives from various groups, particularly minority groups, to reflect a broader demographic.

Supreme Court appointments by President Obama?

Sonia Sotomayor, Elena Kagan

Selection of federal judges?

Appointed by the president, affirmed by the Senate

Senatorial courtesy?

Custom where the Senate doesn’t confirm nominees if the senators from the nominee’s home state oppose them.

Number of female justices in the Court’s history?

4 or 6 justices (crossed out)

Influences in appointing federal judges?

Pressure from interest groups, the president’s party, and ideological qualifications

Collegial court?

Court made of a group of judges who work together and decide on an outcome, compromise, and negotiate.

Certiorari petition?

Petitions submitted to the Supreme Court requesting review of a case already decided.

The Supreme Court clerks?

4 per justice, assist with reviewing certiorari and making cert memos, along with facts and research for the justices.

Rule of Four?

The Supreme Court will hear a case if 4 or more justices vote to hear it.

Most opportunities for civic engagement during Supreme Court hearings?

Amicus curiae briefs, third parties making broader appeals to the justices.

Attitudinal model?

Judicial decision-making model that claims judicial decisions are guided by policy and ideological preferences.

Concurring opinion?

A judicial opinion agreeing with the majority but disagreeing with at least some of the legal interpretations reached by the majority