AP Government: Judiciary – Flashcards

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Senatorial courtesy
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Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
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Judicial Activism
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the philosophy that the supreme court should play an active role in shaping national policies by addressing social and political issues
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Judicial Restraint
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Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.
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Writ Of Certiorari
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Order by the Supreme Court directing a lower court to send up the records of a case for review.
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Original jurisdiction
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The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
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Appellate Jurisdiction
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The authority of a court to review decisions made by lower courts.
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Judicial Review
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the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional.
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Amicus Curiae Brief
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Friend of the court; interest groups may be invited to file legal briefs supporting/rejection arguments of the case.
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Stare decisis
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the practice of using earlier judicial rulings as a basis for deciding cases.
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Marbury v. Madison
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This case establishes the Supreme Court's power of Judicial Review.
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Fletcher v. Peck
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Supreme Court case which protected property rights and asserted the right to invalidate state laws in conflict with the Constitution.
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McCulloch v. Maryland
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An 1819 Supreme Court decision that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.
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Gibbons v. Ogden
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Supreme Court decision that ruled that the Constitution gave control of interstate commerce to the U.S. Congress, not the individual states through which a route passed.
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Roe v. Wade
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(1973) legalized abortion on the basis of a woman's right to privacy.
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Miranda v. Arizona
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Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
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Chief Justice Earl Warren
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Chief Justice from 1953-1969; led activist liberal court; known for cases expanding rights of criminal defendants (Mapp v Ohio, Gideon v Wainwright, Miranda v Arizona).
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Chief Justice John Marshall
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In office from 1801-1835 (longest serving CJ). Supported increased power of federal government. Decided McCulloch v. Maryland, Gibbons v. Ogden, and Marbury v. Madison.
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Chief Justice Warren Burger
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Supreme Court Chief Justice during the Nixon administration; chosen by Nixon because of his strict interpretation of the Constitution; presided over the extremely controversial case of abortion in Roe vs. Wade.
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Griswold v. Connecticut
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Established that there is an implied right to privacy in the U.S. Constitution.
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Federal circuit court of appeals
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All appeals from the Federal District Courts are heard here. The U.S. is divided into 12 Federal Circuits(11 plus the district of colombia)which operate independently from one another. Cases from North Carolina (as well as SC, VA, and WV) are subject to the rulings of the 4th Circuit Court of Appeals.
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Federal district courts
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the lowest tier of the federal court system and similar to the trial courts that exist in each state.
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Supreme court
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the highest federal court in the United States.
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