Federal Judiciary Flashcards

Flashcards about the Federal Judiciary

Why are federal judges appointed rather than elected?

To remove politics from the federal judiciary, insulate judges from public opinion, and ensure stability in the interpretation of laws.

In 1954, when the Supreme Court decided the case of Brown versus Board of Education and made the decision to de-segregate public schools, what was the mainstream point of view in the country?

It was not the mainstream point of view, which was to keep schools segregated.

To understand our system of law when should you look back to the British legal system?

1066, the year of the Norman invasion of England.

What happened during the Norman invasion of England?

When William the Conqueror came in, he and his successors began a process of uniting and unifying England to create one nation.

What does Curia Regis mean?

King's courts, established as part of their unification system to bring everybody together with one system of law.

What is the purpose of year books?

Recording the decisions that judges are making in cases as they're hearing them so that they could use these to help guide them when making decisions in future cases that were of similar nature.

What is Common Law?

A type of judge-made law where information is recorded in the year books.

How do judges utilize old decisions?

Following a precedent to make decisions in future cases.

What does stare decisis mean?

To stand on decided cases, meaning judges write down the decisions that they're making in cases today so that they can look back at the old cases to follow precedent

What are the benefits of stare decisis?

Efficiency, uniformity, neutrality, and stability.

When it comes to stare decisis and following of precedent, what are courts obligated to do?

The courts are obligated to follow the precedent set in their own courts as well as higher courts that have jurisdiction over them.

What makes up our legal system?

Federal and state constitutions, laws passed by U.S. Congress and state legislatures, administrative law, treaties, and common law.

What is judicial review?

The process by which the judicial branch checks the constitutionality of the actions of the other two branches.

What case established judicial review?

The court formally enunciated this power of judicial review in the case of Marbury versus Madison.

What acts did Congress pass to structure the rest of the Judicial Branch?

The Judiciary Act of 1789 and the Judiciary Act of 1801.

What happened in the revolution of 1800.

John Adams competed with Thomas Jefferson where Jefferson and the Democratic-Republicans won.

Under the 1789 act, what did it say about the Supreme Court?

That the Supreme Court had oversight over the delivery of judicial commissions.

What was the long-term effect of tossing out that section of the Judiciary Act of 1789?

It sucks for Marbury, and it looks on the surface like a win for Jefferson and Madison. However, in the long term the Supreme Court set a precedent of judicial review.

How can ideology affect how laws are interpreted?

Conservative justices tend to look at the ordinary meanings of the words whereas liberal justices tend to look at the broader social or political context.

What case is an example of ideology affecting the interpretation of laws?

The Regents of the University of California versus Bakke which dealt with Title VI of the Civil Rights Act of 1964 and affirmative action.

What was the decision made within The Regents of the University of California versus Bakke?

Race could be a factor in determining admissions, but could not be the only factor.