Chapter 14 Test Review - AP Gov

Case Law

Case Law

Judicial interpretations of common-law principles and beliefs, constitutional law, statutory law, and administrative law

Judicial Review

The process of deciding whether a law goes against the mandates of the Constitution. Established by the Marbury v. Madison case.

What is the U.S Court System?

The United States has a dual court system. There are state and federal courts. The federal court derives its power from the U.S constitution, Article III, section 1. State courts draw their authority from state constitutions and laws.

Jurisdiction

The authority of a court to decide certain cases. Not all courts have the authority to decide all cases. One of the two basic judicial requirements for a case to be brought before a court.

Federal Question

A question that provides a basis for federal jurisdiction and has to do with the U.S Constitution, acts of Congress, or treaties.

Diversity of Citizenship

The condition that exists when the parties involved in a lawsuit are from different states, or when one party is a U.S citizen and the other is the citizen or gov. of another country. Diversity of Citizenship can provide a basis for federal jurisdiction.

Standing to Sue

The second judicial requirement is “standing to sue,” or having a sufficient stake in a matter to justify bringing it to court. The party bringing the lawsuit to court must have suffered harm or been threatened with harm.

Trial Court

The court in which most cases begin (trials are held and testimony is taken)

General Jurisdiction

A court of general jurisdiction can normally hear a broad range of cases

Limited Jurisdiction

A court where it’s authority to hear certain types of claims are restricted

Appellate Court

A court that has jurisdiction to review cases and issues that were originally tried in lower courts. No new evidence. Usually do not look at questions of fact, but at questions of law. (ex. Courts of Appeals (12), and Court of Appeals for the Federal Circuit (1)).

Supreme Court

The highest level of the federal court system. Founded in 1789.

FISA Court

A secret court created in 1978 to hear requests for warrants for the surveillance of suspected spies. Warrants can be requested without informing the suspect or the general public on the info. used to justify the warrant.

Litigate

Bring to trial; to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit

Class-Action Suit

A lawsuit filed by an individual seeking damages for “all persons similarly situated.”

Writ of Certiorari

An order issued by a higher court to a lower court to send up the record of the case for review

Rule of Four

Supreme Court procedure by which four justices must vote to grant a petition for review if a case is to come before the full court

Oral Arguments

The verbal arguments presented in person by attorneys to an appellate court. Each attorney gives reasons as to why the court should rule in their client’s favor.

Opinion

The statement by a judge or a court of the decision reached in a case. The opinion sets the law and details the reasoning on which the decision was based.

Affirm

To declare that a court ruling is valid

Reverse

To void a court ruling on account of some error or irregularity

Remand

To send a case back to the court that originally heard it

Unanimous Opinion

A court opinion or ruling in which all judges agree

Majority Opinion

A court opinion reflecting the views of the majority of the judges (would have never guessed)

Concurring Opinion

A separate opinion made by a judge who supports the majority but wants to make or clarify a certain point or voice disapproval of the grounds on which the decision was made.

Dissenting Opinion

A separate opinion in which a judge disagrees with the conclusion reached by the majority of the court

How are federal judges appointed?

The president appoints the justices of the Supreme Court with the advice and consent of the Senate.

Senatorial Courtesy

In federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in their own state

Judicial Activism

A belief that the Supreme Court should take an active role by using it’s powers to check the activities of governmental bodies when they exceed their authority

Judicial Restraint

A belief that the Supreme Court should defer to the decisions made by the elected representatives of the people in the legislative and executive branch

Strict Construction

A judicial philosophy that looks to the “letter of the law” when interpreting the Constitution of a particular statute; literal interpretation of laws

Broad Construction

A judicial philosophy that looks to the context and purpose of a law when making an interpretation

The Rehnquist Court

William H. Rehnquist became the 16th chief justice of the Supreme Court in 1986. Until his death in 2005, he was a strong anchor of the Court’s conservative wing. During his time as chief justice, the court was largely conservative.

The Roberts Court

John Roberts became the 17th chief justice of the Supreme Court in 2006. During his time as chief justice, there was no clear political side that he supported and most decisions were extremely close (5-4).

Judicial Implementation

The way in which court decisions are translated into action

Political Question

An issue that a court believes should be decided by the executive or legislative branch.

Who are the 9 supreme court justices?

Sonia Sotomayor, Clarence Thomas, John G. Roberts, Samuel A. Alito, Elena Kagan, Amy Coney Barrett, Neil M. Gorsuch, Brett M. Kavanaugh, and Ketanji Brown Jackson

Who was the first African American Supreme Court Justice?

Thurgood Marshall in 1967.

Who was the first female Supreme Court Justice?

Sandra Day O’Connor

Precedent

A court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues.

Which appellate court represents the West Coast?

9th Circuit Board of Appeals

What % do attorneys typically take from the settlement typically?

Most attorneys before you go to court will take 33% of the settlement.

What is the role of the Chief Justice?

Encourages the court to hear certain cases.

Who was the Russian opposition leader who was killed?

Alexei Navalny, an outspoken critic of Russian President Vladimir Putin, died on February 16th in a remote prison in the arctic.

What was Trump found guilty for?

Trump was found guilty in a civil case in New York for fraudulently overstating his net worth to lenders. He must pay $354.9 million in penalties.