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Details Title: American Gov. CH 12 Description: Supreme Court Decision Making Total Flash Cards: 44 Created: 01/27/2004 12:25:42	To study from this set of flash cards, or to create your own your own study flash cards, register HERE. If you are already a registered user, CLICK HERE.
Cards Term Writ of Certirari Definition an order from the Supreme Court to a lower court to send up the records on a case for review. Term Per Curiam Opinion Definition a brief unsigned statement of a Supreme Court decision Term Brief Definition a written statement setting forth 1. legal arguments 2. relevant facts 3. precedents supporting one side of a case Term Precedent Definition a model(case) on which to base later decisions or actions Term Amicus Curiae Definition Latin for "Friend of the Court" meaning a written brief from an indiviual or group claiming to have information useful to a court's consideration of a case- a way to lobby Term Majority Opinion Definition the Court's decision expressing the views of the majority of justices Term Dissenting Opinion Definition the opinion expressed by a minority of justices in a Court case Term Lobbying Definition direct contact made by a lobbyist in order to persuade government officals to support the polices their interst group favors Term How does the Supreme Court effect us? Definition 1. Interprets law 2 Shapes public policy Term Opinion Definition a written explaination of a Sumpreme Court decision or the interpretation of state constitution or state laws by the state's attorney general Term Unanimous Opinion Definition a Cpurt decision in which all justices vote the same way Term Concurring Opinion Definition The court's opinion expressing the views of a justice(s) who agree with the majority's conclusions but for different reasons Term 4 Types of Decisions Definition 1. Unanimous 2. Majority 3. Concurring 4. Dissenting Term How do most cases come to the Supreme Court? Definition appeal Term The Process of an Appeal Case Definition 1. Petition for Writ of "Cert"is given to the court 2. 1/3 of the cases are put on a discuss list by justices or law clerks 3. If four of the justices agree they will accept the case- "the rule of 4" 4. The case will then be handled in three ways a. returned to lower court for new decision b. per curiam opinion c. full consideration Term How many cases are heard by the Court? Definition 1/3 Term After the Court accepts a case, what 3 decision could be made? Definition 1. return to lower court 2. per curiam opinion 3. full consideration Term How many justices does it take to accept a case? Definition 4 Term What is the first thing that has to happen in order for the Court to hear a case? Definition petition for writ of "Cert" Term When cases are accepted for full consideration, what 5 actions are taken? Definition 1. Briefs from both lawyers and possibly lobbiests 2. Oral Arguments 3. Conference 4. Vote 5. Opinion Term How long are oral arguments for each side of the case? Definition 30 minutes Term On what days does the Sumpreme Court hold confernce and what so they do? Definition 1. Fridays 2. They shake hands, keep things secret, spend 30 min on each case, and spend 5 mins on possible furture cases. Term List 3 things to remember about the Court's Vote Definition 1. 6 members must be present 2. majority rules 3. if it ties, the lower court's decision stays Term Charles Evans Hughes Definition frequently defended dissenting opinions of the court Term Clarence Gideon Definition too poor to hire a lawyer and appealed to the court that in order to have a fair trial he should be appointed a lawyer by the state. He won his appeal and the justices opionion came down on his side. Term Judicial Review Definition the Supreme Court's power to examine the laws and actions of local, state, national governments and to cancel them if they violate the Constitution Term What case did the Supreme Court assume the power of Judicial Review? Definition Marbury v Madison Term Impound Definition the court limits the power of the President or refuses to spend money the Congress has appropriated Term Miranda v Arizona Definition the Court ruled that police had acted uncostitutionally and had violated a suspect's rights- thus starting the reading of your miranda rights Term Stare Decsis Definition Latin term that means "let the decision stand" Term Advisory Opinions Definition a ruling on a law or action that has not been challenged Term Blocs Definition coalition that promotes a common interest Term Swing Vote Definition the deciding vote Term Brown v Board Definition cleared the way for the end of segregated schools throughout the nation Term What limits are on the Sumpreme Court? Definition 1. types of issues 2. types of cases 3. limited agenda 4. enforcement power 5. checks and balances Term What 2 types of institution is the Supreme Court? Definition 1. legal 2. political Term 3 ways Policy is determined Definition 1. Judicial Review 2. Interpreting the Law 3. Overturning the Law Term What 3 cases set policy by Judicial Review? Definition 1. Dred Scott 2. Brown v Board of Ed 3. Miranda v Arizona Term Dred Scott case Definition the Court ruled that the Missouri Compromise, which banned slavery in some territories, was unconstitutional Term Interpreting the Law Definition Congress uses very general language in framing its laws, leaving it to others to interpret how the law applies to a specific situation. The Disablities Act and the Civil Rights Act have lead many cases to the Supreme Court. Term Overturning Earlier Decisions Definition Stare Decisis and Precedent make a decision on a case predictible The law is flexible because of the change in the Court's compostition by a justice dying or retiring. Term 3 types of issues the court hears Definition 1. constitutional questions in civil liberties, economic issues, federal legislation and regulations 2. due process of law 3. disputes between national government and states Term What 4 criteria does the Supreme court use to determine the types of cases it will hear? Definition 1. cases where the decision will make a difference 2. the person or group bringing the case must have suffered real harm, such as denial of civil liberties or econmic loss 3. cases that involve a substantial federal question Term 5 Forces that shape the decisions of the Supreme Court Definition 1. Law 2. Personal Views 3. Justice interactions 4. Society 5. Presdient and Congress