AP gov Ch 6 study guide

What is the difference between criminal law vs. civil law?

Criminal law punishes people for breaking government rules (like theft), while civil law settles private disputes between people or companies (like a broken contract).

Who is the plaintiff? Who is the defendant?

Plaintiff: person who starts the lawsuit

Defendant: the person being sued or accused

Explain amicus curiae briefs

is a “friend of the court” letter and helps provide extra info to help the judge understand the topic

Example of Amicus Curiae Brief

Example: a random person gets hit by a scooter, they sue the scooter company, bystanders send in a letter saying that scooters on sidewalks are a major hazard for people with canes. Aren’t part of the lawsuit, but they want the judge to know how the ruling will affect their safety.

List the three components of the federal court system, and list the responsibilities of each

District courts: where the case begins

Courts of Appeals: the middle step, don’t hold trial,s they just review the District Court’s work

Supreme Court: at the top of the system, and decides the final ruling

Explain senatorial courtesy

Senatorial courtesy is a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee’s state, especially from the senior senator of the president’s party from that state.

List five criteria that have been important when choosing Supreme Court justices over the years

Legal Experience, ideology, age, character, diversity,

What is the rule of 4?

a custom where at least four of the nine Supreme Court justices must vote "yes" for the Court to agree to hear a case.

Opinion

The "winning" paper that explains the new rule everyone must follow.

Dissenting opinion

The "losing" paper written by judges who disagreed and want to explain why they think the majority is wrong.

Concurring opinion

A "yes, but…" paper. A judge agrees with who won, but for a different reason.

Precedent

Using past court decisions as a guide for current cases. (Like following a recipe that worked before).

Judicial activism

When judges play an active role in policy-making to fix social issues (often "reading between the lines" of the Constitution).

Judicial Restraint

When judges play it safe. They only strike down laws that obviously violate the Constitution and leave the big changes to Congress.

Marbury v. Madison

The case that gave the Supreme Court its "superpower"—Judicial Review (the power to cancel any law they find unconstitutional).

Judicial implementation (give one example also)

The Court’s biggest problem: they make the rules, but they have no "police" to make people follow them.

Example: When the Court ruled that segregated schools were illegal (Brown v. Board), many southern states simply ignored them until the President sent the military to force the schools to open.

warren court

“Most liberal court ever.” Active in civil rights and civil liberties 1953-1969

Brown v. Board of Ed gideon v wainwright  miranda v arizona activism

Burger Court

conservative ideology, narrowed defendant rights 1969-1986

US vs Nixon Regents of the University of California v Bakke Restraint

Rehnquist Court

Limit earlier decisions of liberal courts 1986-2005

planned parenthood v casey bush v gore restraint

Robert’s Court

John Roberts is the current Chief Justice More conservative than Rehnquist 2005-present

Citizens v fec Dobbs v Jackson activisim