Upgrade to remove ads
Only $2.99/month

AMSCO AP Government Chapter 6: Judiciary Branch + Multiple Choices

Terms in this set (55)

amicus curiae brief
Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
appelate jurisdiction
The authority of a court to review decisions made by lower courts
Attorney General
the head of the department of justice
Binding Precedent
A decision of a higher court that must be followed by lower courts in the same hierarchy.
Certiorari
a writ issuing from a superior court calling up the record of a proceeding in an inferior court for review
class action suit
Lawsuit brought by an individual or group of people on behalf of all those similarly situated.
Common Law
(civil law) a law established by following earlier judicial decisions
concurring opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
Defendant
an individual or group being sued or charged with a crime
dissenting opinion
A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion
Dred Scott v. Sanford
Supreme Court case that decided US Congress did not have the power to prohibit slavery in federal territories and slaves, as private property, could not be taken away without due process - basically slaves would remain slaves in non-slave states and slaves could not sue because they were not citizens
injunction
An order which legally prevents something
Judicial Review
The power of the courts to declare laws unconstitutional
judicial self-restraint
Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.
liberal constructionist
one who argues a broad interpretation of the provisions of the Constitution, particularly those granting powers to the Federal Government
litmus test
An examination of the political ideology of a nominated judge
majority opinion
a statement that presents the views of the majority of supreme court justices regarding a case
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
John Marshall
American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review.
original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
per curiam opinion
A brief, unsigned opinion issued by the Supreme Court to explain its ruling.
Persuasive precedent
A precedent that a court does not have to follow but can be very influential when determining a case
petition for certiorari
A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court.
petitioner
a person who makes a formal application to a court for a writ, judicial action in a suit, etc.
Plaintiff
One who begins a lawsuit
plea bargain
a defendant's admission of guilt in exchange for a less severe punishment
precedent
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
stare decisis
Let the decision stand; decisions are based on precedents from previous cases
respondent
In equity practice, the party who answers a bill or other proceeding.
John Roberts
Chief Justice of the Supreme Court; conservative, but can be the swing vote
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard
senatorial courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
solicitor general
A presidential appointee and the third-ranking office in the Department of Justice. The solicitor general is in charge of the appellate court litigation of the federal government.
strict constructionist
a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take
Supreme Court
the highest federal court in the United States; consists of nine justices, each appointed by the President and confirmed by Congress. Appointment is for life. Supreme Court exercises the power to determine constitutionality of statutes
U.S. Circuit Court of Appeals
The court that hears the appeal of the court decision made in the US District Court. No juries in an appellate court.
U.S. District Courts
the courts where most federal cases begin, the U.S. District Courts are courts of original jurisdiction and hear civil and criminal cases
Earl Warren
Chief Justice during the 1950's and 1960's who used a loose interpretation to expand rights for both African-Americans and those accused of crimes.
writ of certiorari
An order by a higher court directing a lower court to send up a case for review
Which of the following accurately describes the data in these graphs.
A. The Warren Court tended to act conservatively when it overturned prior court precedents.
B. The Supreme Court overturns more federal laws each year than it overturns prior Supreme Court precedents.
C. The Burger Court struck down a greater number of precedents annually than the Rehnquist Court did.
D. The Roberts Court struck down more laws than its predecessors.
B. The Supreme Court overturns more federal laws each year than it overturns prior Supreme Court precedents.
Based on the information in the charts, which of the following conclusions can you draw?
A. The Court by its actions is creating more law than the Congress.
B. The results in the graphs stem from the Senates' reluctance to confirm judicial nominees.
C. The Court overturns laws more often than it follows Stare Decisis.
D. The Court has issued more conservative rulings when it overturns prior Court precedents.
D. The Court has issued more conservative rulings when it overturns prior Court precedents.
Which of the following is an accurate comparison of Judicial Activism?
A. Judicial Activism can result in shaping federal, but not state, policies. Whereas Judicial Restraint is practiced when an appellate agrees to grant an appeal.
B. Judicial Activism was established with the Judiciary act of 1789. However, Judicial Restraint was practiced in the Courts' ruling in Roe vs. Wade.
C. Judicial Activism is a democratic way to assure popular policies in a representative Government. When Judicial Restraint is practiced when Courts restrain the Legislative or Executive branches.
D. Judicial Activism is practiced when Courts overrule Legislative acts or shaped policy. On the Contrary, Judicial Restraint is exercised when Courts refrain from interfering with policies created by elected bodies.
D. Judicial Activism is practiced when Courts overrule Legislative acts or shaped policy. On the Contrary, Judicial Restraint is exercised when Courts refrain from interfering with policies created by elected bodies.
Which of the following statements best summarizes Hamilton's argument?
A. The 13 States should retain their courts and have independence from national law.
B. The proposed Federal Courts and the Supreme Court will provide national consistency in the law.
C. Because the national court system will have multiple judges, differing decisions will cause confusion.
D. The Judicial Branch should be the superior branch of Government.
B. The proposed Federal Courts and the Supreme Court will provide national consistency in the law.
Which of the following principals does Hamilton suggest the new Federal Judiciary will establish?
A. Advice and consent
B. Judicial Activism
C. Stability in the Law
D. Freedom and Liberty
C. Stability in the Law
A U.S. district judge in Alabama has a dispute in his court in which an employee is suing her employer over improper termination. The Ninth Circuit Court of Appeals and the U.S. district court of Kansas have both ruled on highly similar cases under the same law and sided with employee. Which of the following is the likely action this federal judge will take?
A. The Judge must rule in the same way because of binding precedent.
B. The Judge will read over the other two courts' opinions and consider them before making a ruling.
C. The Judge the Justice Department for guidance.
D. The Judge will refuse to hear the case because the federal courts have no jurisdiction in this matter.
B. The Judge will read over the other two courts' opinions and consider them before making a ruling.
Which of the following methods is the most certain way to override a Supreme Court decision?
A. Passing legislation the Court declared unconstitutional in a slightly different from.
B. Appealing the decision
C. Proposing and ratifying a constitutional amendment that counters the decision.
D. Convincing the president to veto the decision.
C. Proposing and ratifying a constitutional amendment that counters the decision.
Which of the following best describes the message of the cartoon?
A. One judge shows Judicial Restraint; one shows Judicial Activism.
B. There are too many applicants for the Supreme Court.
C. The Court is tied up in Bureaucratic matters.
D. One Presidents appointment was replaced by another Presidents.
D. One Presidents appointment was replaced by another Presidents.
Which of the following constitutional principals allowed the events shown in the cartoon?
A. The legislative process.
B. The Senates advice and consent role.
C. Congress' role in determining the number of justices.
D. Original Jurisdiction.
B. The Senates advice and consent role.
Which of the following statements is true regarding the Courts decision in Marbury Vs. Madison 1803?
A. It resolved a dispute about Congress' commerce power.
B. It established the principal of Stare Decisis.
C. It overturned part of an act of Congress.
D. It established the supremacy of Federal Law.
C. It overturned part of an act of Congress.
A nonlitigant group or individual that wants to attempt to influence the court in a particular case can file
(A) an amicus curiae brief
(B) a writ of error Coram Nobis
(C) a habeas corpus petition
(D) a writ of certiorari
(E) a writ of mandamus
(A) an amicus curiae brief
Which of the following did the Supreme Court establish in Marbury v. Madison ?
(A) The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution.
(B) Each state has the right to set up and run its own court system.
(C) All the powers that are not explicitly given by the Constitution to Congress belong to the states.
(D) Any president who commits treason, bribery, or other high crimes and misdemeanors can be impeached.
(E) TheConstitutioncanonlybeamendedby a two-thirds vote of the members of the House of Representatives.
(A) The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution.
The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law?
(A) The necessary and proper clause
(B) The Fourteenth Amendment
(C) The Judiciary Act of 1789
(D) The Civil Rights Act of 1964
(E) The Voting Rights Act of 1965
(B) The Fourteenth Amendment
The number of justices on the United States Supreme Court is set by
(A) national convention
(B) Congress
(C) the president
(D) the United States Constitution
(E) the American Bar Association
(B) Congress
Which of the following is filed when an imprisoned person wants to be brought before
a judge so that the judge can determine whether his or her imprisonment is legal?
(A) Bill of attainder
(B) Ex post facto petition
(C) Writ of certiorari
(D) Habeas corpus petition
(E) Amicus curiae brief
(D) Habeas corpus petition
All of the following United States Supreme Court decisions strengthened the power of the federal government EXCEPT
(A) Gibbons v. Ogden
(B) Marbury v. Madison
(C) Dred Scott v. Sandford
(D) McCullough v. Maryland
(E) Korematsu v. United States
(C) Dred Scott v. Sandford
THIS SET IS OFTEN IN FOLDERS WITH...