Judicial Branch

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Chapter 11 and Chapter 12

blindfolded woman with scale and arrows

symbol of justice

judicial review

to interpret constitutionality

uniform, universal, enforceable, written down

a law must have these 4 qualities:

justice

punishment

Judiciary Act of 1789

sets up court system

district, circuit, supreme

3 types of courts

Judiciary Act of 1801

reduced to 5 judges

appellate courts

can challenge lower court rulings (circuit and supreme courts rule over district courts)

6

first supreme court has this many judges?

John Jay

first chief justice of supreme court

5

judiciary act of 1801 reduced to how many judges?

John Marshall

was appointed Chief Justice in 1801-most powerful

Midnight judges

Adams fills new seats until last minute of last day

article 3

where in constitution is judicial branch found?

judicial review

duty of judicial branch

no one

___________ is above the law.

Eric Holder

attorney general of USA

Habeas corpus

rights under the constitution

juris prudence

wisdom of the courts or judicial system

due process

under the 5th amendment--rights under judicial system

double jeopardy

cant be tried for the same crime twice

president

who appointes supreme court judges?

senate

who approves supreme court judges?

John Roberts

current chief justice of supreme court

Thurgood Marshall

first afr.american justice

Sandra Day O'Conner

first woman justice

Clarence Thomas

current afr.american justice

5th

"i plead the _____ "

Sonia Sotomayor

1st hispanic justice

Ginsberg, Sotomayor, Kagen

current woman justices

Kagen, Sotomayor

Obama's appointees

Marbury vs Madison

established Judicial review; most important court case

judicial review

power of supreme court to determine the constitutionality of law

Fletcher vs Peck

upheld sanctity of contracts

Dartmouth vs Woodward

grants/ contracts must be upheld

Cohens vs Virginia

federal courts can override state courts

indictment

formal charge

capital crime

crime that carries death penalty

grand jury

large group of people selected to weigh evidence to decide whether to have a trial (16-23 people)

miranda warning

serves as indictment; read rights

hearing

when a person is presented with evidence

arraignment

when a person is put in front of judge and they tell you what you were arrested for
-charged/ bail/ bond

bail/bond

terms for release until court; require cash collateral (put up money that insures you'll come back to court)

Train vs City of NY

limited presidents ability of impoundment

impoundment

president refuses to allocate funds that congress has appropriated

McCullough vs Maryland

states can't tax the federal government

warrant

court order to appear to a judge (they arrest you)

Gibbons vs Ogden

power of government to regulate interstate trade

subpoena

court notice to testify

vigilante

take law into own hands

bounty hunters

people who skip out on their bail

precedents

rule to follow a court case

litigants

people in a legal dispute

litigation

litigants are involved in...

US Marshalls

people who transport prisoners

extradite

to change jurisdiction

probation officer

court officer monitors people released on parole or probation (terms of release)

peace

"we dont get no justice, you dont get no _________"

expunged

to be removed from the records

sealed

court proceeding are not public (especially for minors)

order

ruling from a judge

activist judges

courts usurp authority and make law rather than interpret constitution (otherwise known as judicial activism)

criminal

for crimes against society-standard of guilt: must be proven guilty beyond a reasonable doubt

civil

for private disputes- standard of guilt: strong probability of guilty

innocent

not guilty

mercy

"temper justice with ______"

destroy

"the power to tax is the power to ________"

Dred Scott Case

1857-overturned all previous agreements on slavery, set that slaves have no rights and slaves are property, slaves cannot invoke the courts

court packing bill

FDR threatens to increase size of supreme court in 1936, but instead he decides to back off

Abbington vs Schempp

cant be forced to pray at school

Brown vs Board of Education

separate is unequal-overruled segregation

Bush vs Gore

upheld Florida voting board sanctioning Bush won

Clinton vs New York

struck down "line item veto"

Gitlow vs New York

freedom of speech limited violent overthrow of govt. not protected

Miranda vs Arizona

can't arrest without reading out your rights (right to attorney, right to remain silent, etc)

Gregg vs Georgia

death penalty is not unconstitutional

Heart of Atlanta

prohibits discrimination goods, services, and facilites to public

Munn vs Illinois

1876-strengthened the ICC to regulate commerce and set maximum rates (like railroads)

misdemeanor

minor crime, up to 1 year in jail/ 1000 dollar max

felony

major crime, over 1 year in jail (3 strikes and you're out)

concurrent jurisdiction

both federal and state courts share jurisdiction

original jurisdiction

a trial court where the case was originally tried

petit jury

usually consists of 6-12 people, a trial jury

judicial circuits

regions

senatorial courtesy

system under which a president submits the name of a judicial candidate to senators from the candidate's state before submitting it for formal senate approval

riding the circuit

traveling to hold court in their assigned regions of the country

opinion

determining the explanation for the decision

Statue of Limitations

length of time in which a crime is punishable

ABA

American Bar Association

NOW

National Organization for Women

appeal

to challenge a ruling

Federal Intelligence Security Act

FISA- court is authorized to secretly wiretap people suspected of spying against the USA

writ of certiorari

an order from the Court to a lower court to send up records on a case for review

per curiam opinion

a brief unsigned statement of the Court's decisions

brief

a written statement settling forth the legal arguments, relevant facts, and precedents supporting one side of a case

for life

Supreme Court Justices serve _________ ________.

amicus curiae

"friend of the court" briefs that come form individuals, interest groups, or government agencies

majority opinion

opinion that expresses the views of the majority of the justices on a case

dissenting opinion

the opinion of justices on the losing side in a case

stare decisis

a Latin term that means "let the decision stand"

advisory opinions

a ruling on a law or action that has not been challenged

blocs

coalitions of justices

swing vote

the deciding vote

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