pogo test judiciary branch

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22 Terms

1
original jurisdiction
**court is the first one to hear a case - US district courts and SCOTUS**
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2
appellate jurisdiction
**court can only hear a case on appeal - court of appeals and SCOTUS**
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3
stare decisis
**when cases are decided based off previous court decisions**
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4
judicial activism
**when judges strike down laws/reverse public policy**
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5
judicial restraint
**when judges hesitate to strike down laws unless they are clearly unconstitutional**
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6
concurring opinion
**written by a justice who votes with the majority but disagrees with their reasoning as to why**
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7
dissenting opinion
**written or signed by any justice that disagrees with the majority**
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8
  • ⅔ Senate Approval

  • Lifetime Appointments

  • Can be removed for bad behavior

  • All cases in law under the Constitution (Civil Liberties)

  • Cases affecting ambassadors

  • Maritime Jurisdiction

  • Controversies between states

  • Between state and citizen of another state

article iii of the constitution
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9
  • Believes Judicial Branch is important because it didn’t exist with the A of C

  • Independent

  • Judicial Review is a good thing

  • Duty to declare acts void

  • Judiciary is weak (Sword V Purse)

fed 78
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10
marbury v madison constitutional principle
judicial review
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11
marbury v madison facts
marbury went to SCOTUS for writ of mandamus
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12
marbury v madison decision
unanimous for madison
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13
us v lopez constitutional principle
federalism + commerce clause
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14
us v lopez facts
a kid brought a gun to school

state charges were dropped and he was changed with breaking federal law instead
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15
us v lopez decision
5-4 for lopez
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16
mcculloch v maryland constitutional principle
necessary and proper clause + supremacy clause
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17
mcculoch v maryland facts
gov built a nat’l bank in maryland

maryland tried to tax nat’l bank
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18
mcculoch v maryland decision
unanimous for mcculloch (usa)
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19
  • Ability to Impeach & Remove a judge

  • Add additional judges to the court

  • Propose an Amendment to the Constitution

  • Pass a law that limits the Court rulings

legislative checks on the judicial branch
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20
  • Appt. of Justices to alter the ideological balance of the court.

  • Add additional judges to the court

  • Ignore or not enforce rulings

  • Create an Executive Order that limits the ruling

executive checks on the judicial branch
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21
  • Ignore SCOTUS ruling

  • Pass laws/amend Constitution in response to a ruling

state checks on the judicial branch
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22
  • Protest for change - such as legislation to be passed

  • File an Amicus Curiae brief in a similar case

  • File another case to overturn ruling

citizen + interest group checks on the judicial branch
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