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Politics of the United States
AP GOV Judiciary
Terms in this set (80)
a system of law concerned with the punishment of those who commit crimes
the system of law concerned with private relations between community members
defendant agrees to plead guilty in exchange for a reduced sentence or charge
the power of a court to hear a case first, before any other court
authority of court to review a decision of a lower court
legal norm established in court cases that is then applied to future cases dealing with the same legal questions
judicial philosophy in which judges take on minimal policymaking roles, leaving that duty strictly to the legislatures
judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground
"let the decision stand" - meaning that decisions are based on precedents from previous cases
amicus curiae brief
"friend of the court" - brief filed by an interest group to influence a court decision
Rule of Four
requirement that a case only be heard by the Supreme Court if four justices vote to hear the case
speech that directly incites damaging conduct /violence
an act that conveys a political message
custom where presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state
clear and present danger test
interpretation of the First Amendment that says law should not punish speech unless there was a clear and present danger of producing harmful actions
advertisements and commercials for products and services, receive less First Amendment protection, primarily to discourage false and misleading ads
improperly gathered (ex. resulting from illegal police conduct) evidence may not be introduced in a criminal trial
a nonviolent, public refusal to obey allegedly unjust laws
process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and applied to state and local governments
petition for certiorari
petition asking the Supreme Court to hear a case from a lower court
What is the only federal court mentioned in the Constitution?
the Supreme Court
What is the only federal court with juries?
federal district courts
What three federal courts were created by the Judiciary Act of 1789?
federal District Courts, federal Courts of Appeals, federal Bankruptcy Courts
US Court of International Trade
U.S. Court of Federal Claims
where Americans can sue the federal government
US Court of Appeals for the Armed Forces
members of the armed forces appealing court marshals, takes case out of military court and into civil court
Magistrate (state court system)
misdemeanors, felony hearings, appear here the day you are arrested, but not tried here
liberal-leaning Supreme Court justices
Ginsburg, Breyer, Sotomayor, Kagan
conservative-leaning Supreme Court justices
Roberts, Thomas, Alito, Gorsuch, Kavanaugh
legal doctrine by which portions of the US Bill of Rights are applied to states through the Due Process Clause of the Fourteenth Amendment
What was the most important Supreme Court case for incorporation?
Gitlow v. New York
Gitlow v. New York
states were bound to observe First Amendment free speech protections, overturned previous case
What was the most important Supreme Court for incorporation?
Warren Court of the 1960s
Which amendments have been fully incorporated?
First, Fourth, Sixth
Which amendments have not been incorporated?
Second, Third, Seventh, Ninth, Tenth
Which amendments have been selectively incorporated?
How many justices are on the Supreme Court?
nine, one Chief Justice and eight Associate Justices
The ultimate power of judicial review rests only with
the Supreme Court
Where do most Supreme Court cases come from?
appeals from lower federal courts or state Supreme Courts
Original jurisdiction is invoked when
one of the fifty states is a party / cases involving ambassadors, public ministers, and consuls / all cases involving controversies between two or more states
writ of certiorari
the Supreme Court orders a lower court to send them a case
appeal (Supreme Court)
petition by one of the litigants to the Supreme Court requesting they hear the case
certificate (Supreme Court)
a lower court is unsure how to handle a case and sends it to the Supreme Court
How many justices make up a quorum for an opinion?
What must the Supreme Court vote be in order for a decision to be made?
decides the case, usually written by the Chief Justice or most senior Justice in the majority
written by a justice who disagrees with the majority opinion (rare)
written by a justice who agrees with the majority opinion but for different reasons (written occasionally)
While the Fourteenth and Fifteenth Amendment may have been initially written to guarantee the rights of African-American citizens, the Supreme Court interpreted these amendments to protect
There are twelve _____ in the federal judiciary.
Courts of Appeals
The President who appointed the largest percentage of Hispanics to the federal courts was
George W. Bush (Jr.)
One consequence of the huge case load of the Supreme Court is an increase in the influence of
The case that involved a slave owner's property rights to an escaped slave was the
Dred Scott case
The United States Constitution mandates the
Supreme Court only
Which of the following is most likely (but not always) to be true of activist judges?
he or she is probably liberal politically
Judicial activists are judges who would argue that
courts should make as well as interpret the law
The principle that the Supreme Court used in overturning Robert Fulton's monopoly on a New York steamboat operation was that
state law cannot prevail over federal law
"Certiorari" is a Latin word that means
"to make more certain"
One measure of the policy making role of the Supreme Court is the frequency with which it
departs from "stare decisis"
The organization that is most active in getting first amendment cases appealed all the way to the Supreme Court is the
Clarence Gideon managed to get a hearing before the Supreme Court by
filing as a pauper
The "litmus test" concept is perhaps of greatest importance in nominations for
the Supreme Court
One of the primary differences between American courts and British courts is that
no British court may strike down a law that Parliament passes
The chief judicial weapon in our system of checks and balances is
The period from 1936 and the Great Depression to our present day the Supreme Court has focused upon
personal rights and liberties
Court packing refers to the practice of
appointing justices who agree with the President's political philosophy
The dual court system of the United States refers to the
state and federal courts
The case that established the principle that the federal government could pass any laws necessary and proper to the attainment of constitutional ends was
McCulloch v. Maryland
Which one of these courts is an example of a legislative court?
Court of Military Appeals
The apparent change in the views of judges like Justice Holmes, Burger, Blackmun and current George Bush (Sr.) appointee David Souter suggests that
Presidents can sometimes be mistaken in their hopes for the action of their appointees
The term "litmus test" in relation to judicial nominees refers to
judges agreeing with certain political positions before they receive support
From the Civil War to the 1930's, the Supreme Court was primarily focused upon
economic regulation of government
In the years between 1789 and the Civil War the Supreme Courts major focus was on the issues of
slavery and national supremacy
There are ninety-four _____ in the federal judiciary.
The current Chief Justice of the Supreme Court is
The doctrine of sovereign immunity states that a citizen cannot
sue the government without its consent
Dr. Bell was cutting down a tree in his yard when he dropped it onto his neighbor's 24,000 dollar Lexus. This case could be heard in
local, district, or state court
When the president chooses district court nominees it is traditional that members of congress from the state where the court is are consulted. This is called
An important decision that protected private property interpreted the Fourteenth Amendment's reference to "person" to include
The Chief Justice who established the principle of judicial review was
Recommended textbook explanations
United States Government: Principles in Practice
Luis Ricardo Fraga
Magruder's American Government
William A. McClenaghan
United States Government: Democracy In Action
Richard C. Remy
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