103 terms

Judicial Branch

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:
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)
first supreme court has this many judges?
John Jay
first chief justice of supreme court
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
who appointes supreme court judges?
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
"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
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
when a person is presented with evidence
when a person is put in front of judge and they tell you what you were arrested for
-charged/ 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
president refuses to allocate funds that congress has appropriated
McCullough vs Maryland
states can't tax the federal government
court order to appear to a judge (they arrest you)
Gibbons vs Ogden
power of government to regulate interstate trade
court notice to testify
take law into own hands
bounty hunters
people who skip out on their bail
rule to follow a court case
people in a legal dispute
litigants are involved in...
US Marshalls
people who transport prisoners
to change jurisdiction
probation officer
court officer monitors people released on parole or probation (terms of release)
"we dont get no justice, you dont get no _________"
to be removed from the records
court proceeding are not public (especially for minors)
ruling from a judge
activist judges
courts usurp authority and make law rather than interpret constitution (otherwise known as judicial activism)
for crimes against society-standard of guilt: must be proven guilty beyond a reasonable doubt
for private disputes- standard of guilt: strong probability of guilty
not guilty
"temper justice with ______"
"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)
minor crime, up to 1 year in jail/ 1000 dollar max
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
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
determining the explanation for the decision
Statue of Limitations
length of time in which a crime is punishable
American Bar Association
National Organization for Women
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
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
coalitions of justices
swing vote
the deciding vote