Term
| Who is the current Chief Justice? |
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Definition
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Term
| What are the judges under the Chief Justice called? |
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Definition
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Term
| Is there a lot of attention given to the Judiciary Branch? |
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Definition
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Term
| Who said that the Judiciary Branch was the "Least Dangerous Branch"? |
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Definition
| Alexander Hamilton through the Federalist 78 |
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Term
| Who saw the Judiciary Branch as a threat? |
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Definition
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Term
| How long can the Judiciary Branch serve? |
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Definition
| As long as they want. Life Tenure |
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Term
| What is the Judiciary Branch's task? |
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Definition
| To interpret the law of the land. "Supreme law of the land" |
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Term
| What is the only thing that is established in the constitution about the Courts? |
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Definition
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Term
| What article talked about the Judiciary Branch? |
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Definition
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Term
What did section one say?
(3) |
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Definition
Establishes the Supreme Court
Gives Congress the power to establish lower federal courts
Etablishes life tenure |
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Term
What did section 2 establish?
(3) |
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Definition
Jurisdiction of Federal Courts
Supreme Court's original Jurisdiction
Trial by jury
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Term
What did section 3 say?
(2) |
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Definition
Defines treason
Mandates presence of at least 2 witnesses in cases of treason |
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Term
| What did having life tenure insulate the Judiciary Branch from? |
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Definition
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Term
| What are the four checks that are against the Judiciary Branch? |
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Definition
Congress: can alter jurisdiction
propose constitutional amendments
impeach and remove justices
President: appoints judges
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Term
| Which judged served 40 years and had to resign because of his bowels? |
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Definition
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Term
| Which act let Congress establish lower federal courts? |
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Definition
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Term
| Where are most cases originated? And how many are there? |
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Definition
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Term
| What are the intermediate courts? How many are there? |
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Definition
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Term
| What is the highest court? |
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Definition
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Term
| What major thing came out of the Judiciary Act of 1789? |
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Definition
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Term
| In the case Marbury v. Madison, who loses the election in the 1800's? What did he do right before he left office? |
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Definition
John Adams
Appoint federalist friends to judiciary before he left |
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Term
| In the case Marbury v. Madison, which two federalist were appointed? What positions were they appointed to? |
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Definition
John Marshall- Chief Justice
William Marbury- Justice of the Peace |
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Term
| In the case Marbury v. Madison, who refused to deliver Marbury's commision? |
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Definition
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Term
| What did Marbury issue in the Supreme Court? |
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Definition
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Term
| What did the Marbury v. Madison case now apply when it was finished? |
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Definition
| Judicial review to a federal stand point. (Federal states) |
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Term
| How did the other branches act after the Marbury v. Madison case? Why? |
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Definition
| didn't react negatively because it said that Judiciary can't force brances to do something. |
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Term
| What did the Marbury v. Madison case expand? |
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Definition
| authority for federal courts |
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Term
| What three eras has the Supreme Court used Judicial Review to affect policy in different areas? |
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Definition
Nation v. State
Regulating the National Economy
Civil Rights and Liberties |
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Term
| What are two examples of Nation v. State? |
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Definition
McCulloch vs. Maryland
Dred Scott V. Sandford |
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Term
| In the McCulloch vs. Maryland case, what did Marylands government want to do? |
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Definition
| They wanted to take the national bank out of existence so they would leave their state |
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Term
| Can Congress charter a national bank? why |
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Definition
| Yes, national bank was constitutional via the necessary and proper clause |
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Term
| Can a state tax a federal entity? Why? |
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Definition
No, Marshall said they couldn't tax a federal entity, as power to tax is power to destroy.
Federal Law supersedes state law |
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Term
| What did the In the McCulloch vs. Maryland establish? |
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Definition
| an expansive view of the necessary and proper clause. |
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Term
| Which case tended to give the National government more authority? |
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Definition
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Term
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Definition
| He was an escaped slave because he and his owner moved to Ohio with his master. His master died so he was considered free in that state. |
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Term
| Which act forces escaped slaves to go back to their owners? |
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Definition
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Term
What did the Dred Scott v. Sandford case do in the end?
(3) |
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Definition
- Reversion to states' rights (states can make their own decisions about slavery)
- Helped spark the Civil War (increased public mind of Slavery (rule of fire))
- Supreme Court lost credibility (use to be national over state, and now they lose credibility) (A lot of decisions are not enforced)
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Term
(Not Dred Scott case anymore)
As economy industrialized issues became more complex. What is an example of this in the federal government? |
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Definition
| What powers did the Federal Government have to regulate the nation ecomony |
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Term
| For most of American history, Courts protected what two things? |
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Definition
| business and property rights |
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Term
| What case is an example of the Courts protecting business and property rights? |
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Definition
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Term
| What did the Lochner v. New York say? |
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Definition
| Court ruled that a New York law limiting bakers to 10 hour days or 60 hour weeks interferes with Lochner's right to enter into a contract. |
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Term
| What did the Court use in the Lochner v. New York case? |
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Definition
| due process clause of the 14th amendment to claim that there was an implied "liberty of contract" |
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Term
| What happened to public opinion when the stock market crashed? |
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Definition
| It swerved the other way. They use to trust business |
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Term
| Who came into presidency after the stock market crash? |
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Definition
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Term
| Why was FDR's New Deal blocked in Courts? |
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Definition
| Because the Supreme Court was dominated by conservatives after decades of Republican Dominance |
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Term
| What did FDR try to do to the courts? |
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Definition
| Pack the Court. For every member over 70, you would add a new one |
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Term
| How many times is FDR reelected? |
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Definition
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Term
| After FDR finally gains majority in the Courts, what happened to them? |
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Definition
| They became more favorable to national regulations |
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Term
| Why were African Americans pissed when they came back home after fighting? |
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Definition
| Because the US was mostly still segregated and they just fought for "their" country |
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Term
| Was congress receptive to allowing the African Americans with more rights? |
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Definition
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Term
| Who turned to the courts to get more rights for African Americans? |
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Definition
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Term
| Which case had an outcome of the Supreme Court saying that separate but equal was a legitimate doctrine, within the police powers of the state? |
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Definition
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Term
| Describe the backgroud story of the Plessy v. Ferguson case. |
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Definition
Homer Plessy was arrested for sitting in a railroad coach reserved for whites. He was 1 thirty second black and in order for him to sit there, he needed to be 1 sixty something
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Term
| How long was segregation legal? |
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Definition
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Term
| Which court stated that separate but equal has no place in the school system? |
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Definition
| Brown v. Board of Education |
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Term
| Tell the background story of the Brown v. Board of education case. |
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Definition
| Linda Brown was prohibited from attending white public school in Topeka Kansas, so she goes to the court and says that this is violating the equal protection clause of the 14th amendment. |
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Term
| What did the vote look like for the Brown v. Board of Education case? |
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Definition
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Term
| What did the Brown v. Board of Education case overturn? |
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Definition
| the 58 year precedent of segregation |
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Term
| What was the group of African American kids that went into the White school? |
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Definition
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Term
| The structure of the Federal Judiciary is broken off into three courts. What are they? |
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Definition
District Courts
Circuit Courts
Supreme Court |
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Term
How many district courts are there?
How many Circuit Courts are there?
How many Supreme Courts are there? |
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Definition
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Term
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Definition
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Term
| How many judges hear each case in the district courts? |
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Definition
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Term
| Where do most cases start? |
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Definition
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Term
| The circuit court is broken up into 3 types of courts. What are they? |
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Definition
11 regional courts
1 for DC
1 Federal Circuit |
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Term
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Definition
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Term
| What kind of jurisdiction is in the Circuit Courts? |
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Definition
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Term
| How many judge panels hear the cases in the Circuit Courts? |
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Definition
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Term
| What does a circuit court look like? |
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Definition
| a hierarchy (where people or groups are ranked one above the other according to status or authority) |
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Term
| Who can overturn the Circuit Court? |
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Definition
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Term
| What can't the Supreme Court do to the lower level courts? What can they do instead? |
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Definition
| Can't control their decisions, but they can force them to render a certain decision |
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Term
| Judges at the lower levels hate to be overturned. |
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Definition
This is just a fact. Go Dawgs. I'm at the SLC bored and hyper right now because i just drank over 40 oz of Mellow Yellow which has a lot of Caffeine, and a large dark roast coffee at jittery joes, and i am jittery right now... NO SLEEP MUST STUDY!! AHHHHHHHHHHH!!!!!!!!!!!!!!!!!!!
That is all. Thank you for your time. And GO DAWGS!!! UGA UGA UGA UGA UGA UGA UGA= University of Georgia |
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Term
| What does the Supreme Court lay out for future decisions by lower courts? |
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Definition
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Term
| What kind of docket did the Supreme Court use to have? |
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Definition
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Term
| What did the Supreme Court then get when the workload became too much for them? |
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Definition
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Term
| When was the Discretionary Docket made official? |
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Definition
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Term
| What are two original juridictions in the Courts today? What kind of docket goes with the original jurisdiction? |
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Definition
Cases affecting ambassadors or public ministers
Disputes between the states
Mandatory
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Term
| What kind of docket goes with the appellate jurisdiction? |
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Definition
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Term
| In an appellate juridiction, what does the person that lost have to get to appeal to the Supreme Court? |
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Definition
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Term
| What is needed in order to grant the writ of certiorari? |
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Definition
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Term
| What typically happend when the Supreme Court grants cert? |
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Definition
| They overturn the lower level courts decision |
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Term
| When there are disputes among the circuits, the Supreme Court feels obligated to weigh in and establish what? Why? |
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Definition
| Consistency so that all of the circuits have to agree (be consistent) |
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Term
| Who do justices also go to, to determine if they should grant cert or not? |
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Definition
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Term
| What are these outsiders refered to as? |
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Definition
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Term
| What are the Amicus Curia's refered to as? who is consisted of them? |
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Definition
"friends of the court"
interest groups, businesses, government agencies etc. |
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Term
| So what are the three things that could happen or do happen when the Supreme Court grants the cert? |
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Definition
Overturn lower courts
Establish consistency
Get cues from outsiders (Amicus Curiae) |
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Term
| What is the person that represents the federal government? |
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Definition
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Term
| Who is the Solicitor General fot the US government? (Like what is his title?) |
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Definition
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Term
| What are guidelines for lower level courts that is etablished by the Supreme Court? |
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Definition
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Term
| What are two types of judicial doctrine? |
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Definition
Procedural Doctrine
Substantive Doctrine |
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Term
| Which doctrine tells how the lower courts should make decisions? |
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Definition
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Term
| What doctrine says which party should win? |
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Definition
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Term
| What are two types of procedural doctrine? |
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Definition
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Term
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Definition
| Disctricts need to follow earlier precedents |
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Term
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Definition
| Who brings the case to court. Like if it doesn't affect you at all, then you can't bring it to court |
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Term
| What are two things under Substantive Doctrine? |
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Definition
Interpretation of rights and liberties
Judicial activism vs Judicial Restraint |
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Term
| What is Judicial activism vs Judicial Restraint? |
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Definition
Activism- going beyond what the constitution says
Restraint- interpret the law as written |
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Term
| What two parts does the deciding doctrine contain? |
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Definition
Vote deciding case in favor of a party
The opinion |
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Term
| What does the opinion explain? |
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Definition
| the rationale for decision in such a way as to create a doctrine. |
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Term
| What is more likely to get reversed? a unanimous vote of a 5-4 vote? |
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Definition
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Term
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Definition
Majority opinion
Cuncurring opinion
Dissenting opinion |
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Term
| Which opinion takes force as a law? |
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Definition
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Term
| Which opinion is the people in the minority? |
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Definition
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Term
| Which opinion says that they agree with the vote, but they disagree with the rationale. |
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Definition
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Term
| How does the president choose judges in the District Courts? |
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Definition
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Term
| How are judges chosen for Circuit courts? |
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Definition
the prsident leads the way, but had to take the Senates composition into consideration.
Usually wants democratic judges if he is democratic |
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Term
| What makes the application of precedent difficult and subjective? |
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Definition
| Case Circumstances (Does this one case apply?) |
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Term
| What kind of cases are in the Supreme Court? |
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Definition
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Term
| How do judges defend their decisions? |
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Definition
| precedent and the Constitution |
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Term
| What are two models of judicial behavior? |
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Definition
Attitudinal Model
Strategic Model |
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Term
| What kind of judges don't we like? Why? |
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Definition
| Activist judges because they go beyond the law and we want them to stick to the law |
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Term
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Definition
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