AP Gov Judiciary

Hamilton’s view of SC in Fed 78?

Weakest of the branches

What establishes the court’s jurisdiction?

Constitution or statute

What are the main courts of original jurisdiction?

Trial courts

What is the SC’s main jurisdiction?

Appellate jurisdiction

What is judicial review?

Court’s ability to determine if a government action is unconstitutional, establish by Madison v Marbury

What was the early status of the federal judiciary?

Weak, had little authority, was not able to exercise judicial review

How many courts are Americans subject to?

2 - Traffic courts and state courts

What type of court system does the US use?

Dual-court system —> state and federal courts

What is common law?

Judge-made law grounded in tradition and previous decisions

What is stare decisis?

Precedent of letting already decided cases stand and using them to make new rulings

What is constitutional law?

The law that comes out of the court when the case involves interpreting the constitution

What is the highest form of law?

Constitution

What are US statutes and acts?

Legislation authored by state legislatures or Congress

What is the US Code?

Compilation of all laws passed by Congress

What is Penal Code?

Compilation of a state’s criminal law

What are executive orders?

Orders the president can issue without input from the other two branches

What is administrative rule making?

Bureaucrats use their administrative discretion to establish rules and regulation needed to implement policies

What is the state legislation?

Lawmakers of the state

Who files the suit when there is a violation of criminal law?

The government

What is tort?

When a person’s body or property is harmed by someone else’s negligence

What are the differences between civil and criminal trials?

Civil trials involve disputes between two individuals or entities, criminal trials involve someone breaking the law and require a higher degree of certainty to convict

What are the courts of last resort?

US and state supreme court

Who are the federal courts established by?

Congress

What is the jurisdiction of federal courts?

The ability to hear a case. Federal courts can only hear a case if it concerns a federal (constitutional) question or diversity of citizenship (when individuals are from two different states or one is from another country)

What is FISA?

Makes decisions about government collection of human and electronic data, has come under increased scrutiny since 9/11

How many federal district courts are in the US court system?

94

How many federal courts of appeals are there?

13

What is the purpose of the US courts of appeals?

To cover appeals from different geographic regions, usually last courts to hear cases appealed from district courts

How many justices on the SC?

9

What is symbolic representation?

Diversity among judges is a symbol of equal opportunity in democratic systems

What is descriptive representation?

Attempt to ensure governing bodies represent different demographics similar to the population

What two justices did Obama appoint?

Kagan and Sotomayor

How are federal judges selected?

Nominated by the president, confirmed by the Senate

What is senatorial courtesy?

President defers to senators of the state the judge is being nominated for

How many female justices have there been in the history of the SC?

6

What are some influences in appointing federal judges?

Political ideology, judicial qualifications, pressure from interest groups, demographics

What is a collegial court?

A court made up of a group of judges who must evaluate a case together and determine the outcome

What is certiorari petition?

A petition to the SC requesting the review of and already decided case

What do SC clerks do?

They review cases and recommend whether the court should hear them, issue cert memos

What is the rule of four?

If four or more justices vote to hear a case, it is heard

What are most opportunities for civic engagement during SC hearings?

Amicus curiae briefs

What is an attitudinal model?

Model that claims judicial decision making is guided by policy and ideology

What is a concurring opinion?

Judicial opinion agreeing with the majority, but disagreeing on some legal interpretations

What was the Warren court?

A very activist, liberal court lead by chief justice Earl Warren, made key rulings on segregation in particular

What was the Rehnquist court?

A very conservative, activist court lead by William Rehnquist as chief justice

What are Congress’ checks on the court?

Confirming judicial appointments, can remove judges is there is misconduct

What is the Roberts court?

Current court lead by chief justice John Roberts, very conservative

What was the closest confirmation vote in SC history?

Thomas Stanley Matthews, but Brett Kavanaugh is a close second

Who are some liberal justices on the current court?

Jackson and Sotomayor

Who are some conservative justices on the current court?

Thomas, Alito, Kavanaugh

What did the Gallup opinion polls on the judicial branch show?

The people have more trust in the SC than the president