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The Rule of Law

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all are equal before the law and none are immune to it

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Criminal Law

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the branch of law that regulates the conduct of individuals, defines crimes and specifies punishments for criminal acts

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Parameters of Criminal Law

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Government is always plantiff defendant cannot be forced to testify standard: guilty beyond any reasonable doubt penalties: fines, public service, imprisonment and death

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Civil Law

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the branch of law that deals with disputes that do not involve criminal parties

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Parameters of Civil Law

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plantiff is the party that has been legally wronged defendant can be forced to testify standard: preponderance of evidence penalties: typically monetary

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Precedent

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prior case whose principles are used by judges as the basis for their decision in a present case or previous decisions from prior cases that are used to understand how the law is applied

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Stare Decisis

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let the decision stand

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Trial court

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the first court to hear a criminal or civil case. apply law to the facts of a given case new facts of the case are introduced judges and juries make sense of how facts relate to law trial cases take both law and precedent into account

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Appellate court

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examine whether the law has been applied correctly in the trial court new facts cannot be introduced if new facts are available, case goes back to the trial court

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Jurisdiction

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the sphere of a court's power and authority.

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Habeas Corpus

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Constitutional protection against unlawful imprisonment

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Original jurisdiction

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the authority to initially consider a case or hear a case for the first time.

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Appellate jurisdiction

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the authority to hear appeals from a lower court's decision; the power to hear appeals from a lower court

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Senatorial Courtesey

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senators from the president's party suggest nominees for district courts in their state when an opening appears

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Judicial review

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the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison.

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Congress's dilemma

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make laws too broad, and the executive branch can subvert them. make them too narrow and they cannot adapt over time

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"Cases and Controversies"

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there must be an actual dispute, not a hypothetical one

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Standing

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the right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome; a party must have standing to sue by being a stakeholder in the outcome

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Mootness

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a criterion used by courts to screen cases that no longer require resolution.

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Writ of Certiorari

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A formal writ used to bring a case before the Supreme Court.

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Solicitor General

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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.

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Amicus Curiae

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A brief submitted by a "friend of the court"

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Criminal law

answer

the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts.

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Plaintiff

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the individual or organization that brings a complaint in court.

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Defendant

answer

the one against whom a complaint is brought in a criminal or civil case.

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Civil law

answer

the branch of law that deals with disputes that do not involve criminal penalties.

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Stare decisis

answer

literally, 'let the decision stand.' The doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled.

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Court of appeals

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a court that hears appeals of trial court decisions.

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Supreme court

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the highest court in a particular state or in the United States. This court primarily serves an appellate function.

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Plea bargain

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a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing.

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Due process of law

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the right of every citizen against arbitrary action by national or state governments.

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Writ of habeas corpus

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a court order that the individual in custody be brought into court and shown the cause for detention. Habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion.

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Chief justice

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justice on the Supreme Court who presides over the Court's public sessions and whose official title is chief justice of the United States.

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Senatorial courtesy

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the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination.

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Supremacy clause

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Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision.

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Common law

answer

law made through court precedent rather than legislative enactments.

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Writ of certiorari

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a decision of at least four of the nine Supreme Court justices to review a decision of a lower court; certiorari is Latin, meaning 'to make more certain.'

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Solicitor general

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the top government lawyer in all cases before the Supreme Court where the government is a party.

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Per curiam

answer

a brief, unsigned decision by an appellate court, usually rejecting a petition to review the decision of a lower court.

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Amicus curiae

answer

literally, 'friend of the court'; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs.

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Briefs

answer

written documents in which attorneys explain, using case precedents, why the court should find in favor of their client.

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Oral argument

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the stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices.

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Opinion

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the written explanation of the Supreme Court's decision in a particular case.

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Dissenting opinion

answer

a decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case.

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Judicial restraint

answer

judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document's meaning.

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Judicial activism

answer

judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions.

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Class-action suit

answer

a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest.

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The Legal System

answer

1. Courts decide cases by hearing the facts on both sides of a dispute and applying the relevant law or principle to the facts. Courts have been given the authority to settle disputes not only between citizens but also between citizens and the government. The essence of the "rule of law" is that "the state" and its officials must be judged by the same laws as the citizenry. 2. Court cases in the United States proceed under two broad categories of law: criminal and civil. 3. In the area of criminal law, either a state government or the federal government is the plaintiff that alleges that someone has committed a crime against society. 4. In deciding cases, courts apply statutes and legal precedent (prior decisions). 5. Civil cases are those between individuals or between individuals and the government in which no criminal violation is charged. 6. Jurisdiction is the sphere of authority of a court. By far, most cases are heard by state courts. 7. Cases are heard in federal courts if the U.S. government is a party in the case or if the case involves federal statutes, treaties with other nations, or the U.S. Constitution. 8. Although the federal courts hear only a fraction of all the cases decided every year in the United States, federal court decisions are extremely important.

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Federal Jurisdiction

answer

1. There are eighty-nine district courts in the fifty states, plus one in the District of Columbia and one in Puerto Rico, and three territorial courts. These courts are trial courts of original jurisdiction, and their cases are, in form, indistinguishable from cases in the state trial courts. 2. The twelve U.S. courts of appeals review and render decisions in approximately 20 percent of all lower-court and agency cases. 3. The Constitution does not specify the number of justices who should sit on the Supreme Court; Congress has the power to change the Court's size. Since 1869 there have been nine justices—one chief justice and eight associate justices. 4. The Supreme Court is the highest court in the country and has the power and the obligation to review any lower-court decision involving a substantial issue of public law, state legislation, or act of Congress. 5. Federal judges are appointed by the president and confirmed by a majority vote of the full Senate.

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The Power of the Supreme Court: Judicial Review

answer

1. The Supreme Court's power to review acts of Congress, although accepted as natural and rarely challenged, is not specifically granted by the Constitution. The power of judicial review was asserted in the important early case of Marbury v. Madison (1803). 2. The Supreme Court's power to review state action or legislation derives from the Constitution's supremacy clause, although it is neither granted specifically by the Constitution nor inherent in the federal system. 3. Over the years, courts have developed specific rules that govern which cases within their jurisdiction they hear. These rules of access can be broken down into three categories: case or controversy, standing, and mootness. 4. Appeals of lower-court decisions can reach the Supreme Court in one of two ways: through a writ of certiorari, or, in the case of convicted state prisoners, through a writ of habeas corpus. 5. The solicitor general can influence the Court by screening cases before they reach the Supreme Court, submitting amicus briefs, and shaping the arguments used before the Court. 6. Groups and forces in society attempt to influence justices' rulings on particular issues. 7. After filing written arguments, or briefs, attorneys present oral argument to the Supreme Court. After oral argument, the justices discuss the case and vote on a final decision. 8. The Supreme Court always explains its decisions in terms of law and precedent. 9. Despite the rule of precedent, the Court often reshapes law. Such changes in the interpretation of law can be explained, in part, by changes in the judicial philosophy of activism versus restraint and by changes in political ideology.

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Judicial Power and Politics

answer

1. For much of American history, the power of the federal courts was subject to several limitations: standing, the limited relief courts could provide, the lack of enforcement powers, political appointment, the power of Congress to change the size and jurisdiction of federal courts, and the fact that courts are reactive—they cannot exercise power on their own initiative. 2. The role of the federal judiciary has been strengthened since World War II by two judicial revolutions. The first revolution was a substantive revolution in several policy areas, including school desegregation, legislative apportionment, and criminal procedure, as well as obscenity, abortion, and voting rights. 3. The second revolution involved changes in judicial procedures that decreased traditional limitations on the courts by liberalizing the concept of standing, broadening the scope of relief through the use of class-action suits, and employing structural remedies that allow courts to maintain supervision over a case until the court is satisfied that its ruling has been met.

question

Thinking Critically about the Judiciary, Liberty, and Democracy

answer

1. In the original conception of the framers of the Constitution, the judiciary was to be the institution that would protect individual liberty from the government. The framers hoped that the courts would protect individual liberty from the potential excesses of majoritarian democracy. The courts' most important decisions were those that protected the freedoms—to speak, worship, publish, vote, and attend school—of groups and individuals whose political views, religious beliefs, or racial or ethnic backgrounds made them unpopular. 2. Today, Americans of all political persuasions seem to view the courts as useful instruments through which to pursue their goals rather than protectors of individual rights. Liberals and conservatives alike hope to use the courts as instruments of social policy. This raises the concern that if the courts function primarily as policy-making institutions, no institution will have as its primary concerns the protection of individual liberties.

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The doctrine of stare decisis

answer

is reasoning from precedent

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More than ____ percent of all court cases in the United States are heard in ____ courts.

answer

99; state

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Cases of ____ law are those in which the government charges an individual with violating a statute that has been enacted to protect public health, safety, morals, or welfare.

answer

criminal

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Unlike in ____ cases, the losers in ____ cases cannot be fined or sent to prison, although they may be required to pay monetary damages for their actions.

answer

criminal; civil

question

Establishing the court that has the power to hear and decide a particular case is called

answer

jurisdiction

question

Why did Congress confer on federal courts the authority to issue writs of habeas corpus?

answer

distrust of southern courts after the Civil War

question

The U.S. Supreme Court is made up of one chief justice and ____ associate justices.

answer

eight

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The modern Supreme Court has nine members because

answer

Congress set the size of the Court at nine members

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Justices appointed by presidents Ronald Reagan, George H. W. Bush, and George W. Bush have moved the Court in a more ____ direction on issues, including affirmative action and abortion.

answer

conservative

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In ____ cases, the government is always the plaintiff.

answer

criminal

question

Battles between the president and Congress over federal court nominees have ____ over time.

answer

become more common

question

The three steps in the Supreme Court's procedures are, in order,

answer

preparing briefs, giving oral argument, making and writing opinions

question

Which of the following concepts is the least related to the other concepts?

answer

judicial review

question

Which of the following court cases set the precedent for judicial review?

answer

Marbury v. Madison (1803)

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Which of the following influences the flow of cases heard by the Supreme Court?

answer

the solicitor general and law clerks

question

Which of the following is a brief submitted to the Supreme Court by someone other than one of the parties in the case?

answer

amicus curiae

question

Which of the following is not included in the original jurisdiction of the Supreme Court?

answer

cases involving challenges to the constitutionality of state laws

question

A ____ is a legal action by which a group of individuals with common interests can file a suit on behalf of everyone who shares that interest.

answer

class-action suit

question

If you were an outside interest group and wanted to influence the Supreme Court's ruling on a case it will hear next month, what action would have the most influence?

answer

Filing an amicus curiae brief

question

When the Senate refuses to confirm a Supreme Court nominee, it is typically because of his or her ____, not his or her ____.

answer

political ideology; qualifications

question

How have changes in judicial policy areas and judicial procedure affected the power of the federal judiciary since World War II?

answer

Both policy and procedure changes have expanded judicial power.

question

Which of the following would not be accurately characterized as a traditional limitation on the power of the federal courts?

answer

The president can dissolve the Supreme Court if it oversteps its powers

question

Senatorial courtesy refers to

answer

a norm whereby the president consults senators of his party from a state where he is appointing a district court judge.

question

Justices appointed by presidents Ronald Reagan, George H. W. Bush, and George W. Bush have moved the court in a move ____ direction on issues, including affirmative action and abortion.

answer

conservative

question

In ___ cases, the government is always the plaintiff.

answer

criminal

question

In what kind of case does the plaintiff charge that it has suffered because of another's violation of a specific agreement between the two?

answer

contract

question

Stare decisis is a Latin phrase that means

answer

let the decision stand.

question

Federal court jurisdiction extends to

answer

federal statutes, treaties, and the U.S. Constitution.

question

A negotiated agreement in a criminal case in which a defendant agrees to tell the court that he or she is guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing is known as a

answer

plea bargain.

question

What is the term for a court's sphere of power and authority?

answer

jurisdiction

question

Which federal judges are appointed for life?

answer

All Article III judges are appointed for life.

question

Known as the Great Writ, ____ is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion.

answer

habeas corpus

question

The Constitution gives the Supreme Court ____ jurisdiction in cases involving foreign ambassadors and issues in which a state is a party.

answer

original

question

Each _____ court exercises _____ jurisdiction over cases heard by the district courts within its region.

answer

circuit; appellate

question

U.S. district court decisions are made by

answer

a single federal judge.

question

Opinion assignment when he or she is in the majority is an important power of the ____.

answer

chief justice

question

Because the Supreme Court has so much influence over American law and politics, virtually

answer

share their political philosophies

question

all presidents have made an effort to select justices who ____.

answer

share their political philosophies

question

What is the name for the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination?

answer

senatorial courtesy

question

Judicial review was established in the case of ____

answer

Marbury v. Madison.

question

Why does the solicitor general have such a strong influence on the Supreme Court?

answer

The solicitor general screens most cases being appealed by agencies of the federal government and only lets some cases advance.

question

Justices who disagree with the majority decision of the Court may choose to publicize the character of their disagreement in the form of a

answer

dissenting opinion.

question

Today, ____ seem to view the courts as useful instruments through which to pursue their goals.

answer

Americans of all political persuasions

question

Which of the following cases involved the right to privacy?

answer

Griswold v. Connecticut

Chapter 15: The Federal Courts – Flashcards

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