AP Gov: Judicial

Article x111

"No Person shall be convicted of Treason unless on the Testimony of two Witnesses....."

Solicitor general

"The 10th Justice", this person is the lawyer representing the US in all cases where the US is a party.

"There never can be danger that the judges, by a series of deliberate usurpations on the authority of the legislature, would hazard the united resentment of the body intrusted with it, while this body was possessed of the means of punishing their presumption, by degrading them from their stations." --Alexander Hamilton, Federalist 81 Which of the following statements summarizes the argument made in Federalist #81?

. Congress must trust the court system to uphold the Constitution.

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. --Alexander Hamilton, Federalist 78 1. Which of the following statements best describes Hamilton's point of view? 2.Which of the following examples best reflects the statement Hamilton made in the final sentence?

1. The judiciary's power is limited and depends on convincing the other two branches of the strength of its reasoning. 2. In 1957, President Eisenhower sent the National Guard to Little Rock, AR to integrate Schools as ordered in Brown v. Board of Education (1954)

If there are such things as political axioms, the propriety of the judicial power of a government being coextensive with its legislative, may be ranked among the number. The mere necessity of uniformity in the interpretation of the national laws, decides the question. Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, is a hydra in government, from which nothing but contradiction and confusion can proceed. -- Alexander Hamilton, Federalist 80, 1788 1. Which of the following statements best summarizes Hamilton's argument? 2. Which of the following principles does Hamilton suggest the new federal judiciary will establish?

1. The proposed federal courts and Supreme Court will provide national consistency in law. 2. Stability in the law

Dissenting Opinion

A Supreme Court Justice who writes the following words,"Generations from now, lawyers and judges will look back at today's ruling with utter contempt," is probably writing a

per curiam opinion

A court opinion issued in the name of the Court rather than specific judges. ... The opinions will typically deal with issues which the issuing court views as relatively non-controversial.

strict constructionist

A justice who believes the Constitution should be interpreted narrowly, without thought for societal and cultural changes that have occurred since the Founders wrote it.

Swing Vote

A moderate justice like Anthony Kennedy that determines which way a decision will go when the Supreme Court is divided 4-4 due to ideological differences.

Nuclear Opinion

A parliamentary procedure that allows the United States Senate to override a rule - specifically the 60-vote rule to close debate - by a simple majority of 51 votes, rather than the two-thirds supermajority normally required to amend the rules.

amicus curiae breif

A person/ group with an interest in a case before the Supreme Court may petition the Court prior to the hearing with the intention of influencing the decision.

Judicial Activism vs Judicial Restraint

Activism is practiced when courts overrule legislative acts or shape policy.and help Judiciary is exercised when courts refrain from interfering with legislative decisions.

Concurring Opinion

An opinion handed down that supports the majority opinion but for different reasons.

Supreme Court

Arizona sues California over water rights to the Colorado River. Which court has original jurisdiction?

Court Clerk

Assist the Justices with research, determining which cases to hear, and preparing drafts of opinions.

Injunction

Court order that limits a questionable action or forces action, often pending a court hearing.

senetorial courtesy

Custom of respecting the opinion of the two US Senators from a judicial appointees state.

Litigation

Generic term for any legal action, lawsuit, legal dispute, trial or court proceedings.

Dissenting Opinion

In a 5-4 decision, what is the explanation that is provided by the 4 justices called?

Majority Opinion

In a 6-3 decision, what is the explanation that is provided by the 6 justices called?

Federal vs State Processes

In federal, Judges are intentionally independent. In state, Judges are elected, very political process

Check in the legislative vs executive branch

In legislative the senate must approve judicial nominees. In executive, president nominates federal judges

How does stare decisis influence Supreme Court Justices?

It makes justices more likely to defer to previous Supreme Court decisions.

The Constitution is "not a living document," Justice Scalia told the Southern Methodist University crowd in 2014. "It's dead, dead, dead....The judge who always likes the results he reaches is a bad judge." This quote supports which philosophy?

Judicial Restraint

Criminal Law

Law that involves the state or federal government enforcing statutes. US v. Smith.

Common case law

Law that is based not on statutes but rather on past cases and judicial decisions.

Class Action

Lawsuit brought on behalf of a group or 'class' of people (i.e. Brown v. Board, tobacco suits, etc.).

stare decisis

Legal principle of "let the decision stand", describing the use of precedent when deciding cases.

Plea Bargin

Most criminal cases never go to trial thanks to a deal cracked between prosecutor and defense lawyer.

writ of certiorari

Orders a lower court to deliver its record in a case so that the higher court may review it.

Litmus Test

Presidents and their administrations examine past history and judicial decisions to determine the political ideology of a possible judicial nominee.

Which of the following methods is the most certain way to override a Supreme Court decision?

Proposing and ratifying a constitutional amendment that counters the decision.

Justice Sotomayer (most liberal supreme court justice) vs Justice Thomas (most conservative Supreme Court)

Sotomayer says, urs is a living, breathing Constitution Thomas wanted to protect the original intent of the Founders

Judicial Activism vs Judicial Restraint

Supreme Court overturns stare decisis which is activism Supreme Court upholds precedent which is restraint.

"During Good Behavior"

The Constitution's words for federal justices serving without any term limits (life).

Appointments to the federal judiciary are often contentious for which of the following reasons?

The House can undermine presidential authority by rejecting nominations.

Rule of Four

The Supreme Court justices will hear cases that 4 of the 9 justices believe deserves a hearing.

Judicial Review

The Supreme Court may declare actions of government (or citizens) unconstitutional.

Fed 78

The best explanation for Article III of the US Constitution is found here:

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 the employee. Which of the following is the likely action this federal judge will take?

The judge will read the other two courts' opinions and consider them before ruling.

Judicial activism

The liberal or progressive approach to interpreting the Constitution. It is a "living" document.

District Court

The main trial court in the federal judicial system.

Appellette Court

The one type of court that never has original jurisdiction.

Plantiff

The party that brings a case to trial.

Defendant

The person on trial. Clarence Earl Gideon in the Florida trial court on trial for B and E and Larceny.

Petitioner

The person, like Clarence Earl Gideon, who is requesting 'cert'

Jurisdiction

The power to make legal decisions and judgements (Which court gets which case?)

Standing

The right to come before the Supreme Court (must be a constitutional issue and some 'harm/injury').

advice and consent

This constitutional clause represents the Senate's role in the judicial nomination process.

Civil law

Type of law that deals with issues that rise up between people, companies, or other community entities

Constitutional law

Type of law that deals with our rights and liberties.

Dual Courts

With federalism, we all live under two sets of laws and, thus, two different court systems.

Why is Marbury v. Madison significant?

it established the power of judicial review, affirming that the Supreme Court is coequal with other branches.

Which of the following is an example of judicial review by the Supreme Court?

overturning a president's executive order on immigration because it violates the Constitution.

Critics of judicial activism would favor a Supreme Court that would:

rule based on strict interpretation of the Constitution