POl S 102 Chapter 12 – Flashcards

should narrowly interpret the Constitution.

let the decision stand.

plea bargain.

share their political philosophies.

by writing an amicus curiae brief

accepted and will hear the case.

criminal

contract

dissenting opinion.

habeas corpus

chief justice

original

the Supreme Court may review the constitutionality of state laws.

a single federal judge.

Congress

senatorial courtesy

jurisdiction

Griswold v. Connecticut

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

ruling on the constitutionality of executive actions and ruling on the constitutionality of congressional actions

the parties in the case, location where the case was filed, and subject matter of the case

the Judiciary Act of 1789

The dissenting opinion can signal division in the court. The majority opinion sets major precedent for future cases.

a court that overrides the actions of elected branches

The case is considered by a federal court of appeal.

political ideology, law and precedent on relevant cases, and concern over protecting the Court's reputation

Most criminal law begins and ends at the state level.

Multiple judges serve on every appeals case. Each circuit has a Supreme Court justice to review the circuit's appeals.

This ends most criminal trials before they ever begin.

A plaintiff who was arrested and then refused an attorney might argue that he was denied this right.

This is the party seeking a new trial because of the belief that the trial court made an error.

A defendant who does not understand why he was arrested would likely request this.

This is the party that must decide if a defendant violated the law in a criminal case.

Justice Harry Blackmun and Roe v. Wade and Former Chief Justice Earl Warren's ruling on race

Chief Justice John Robert's ruling on the Affordable Care Act and Justice Owen Roberts's later voting on New Deal legislation

Judicial review was established in the decision of Marbury v. Madison.

review state laws and review state court decisions

U.S. District Courts, U.S. Court of Appeals, U.S. Supreme Court

a brief submitted by a third party in hopes of influencing the justices

The Court intentionally interprets congressional laws to make them constitutional.

senatorial courtesy used for appointments, can be eliminated by congressional statute, and appointments often delayed

appointments more politically motivated

A liberal Court uses implied language from previous Court decisions, despite the absence of explicit language in current statutes. A conservative Court allows a state to exempt itself from EPA guidelines despite the supremacy clause.

A liberal Court rules against someone claiming federal law discriminated against him, deeming the law is constitutional. A conservative Court upholds campaign spending limits passed by Congress and bases the ruling on constitutional language.

An attorney uses a previous state court ruling to argue his client's case.

The chief justice might exercise more influence over a case through a formal right to speak first. If in the majority, the chief justice decides who will write the decision for the Court.

Justices regularly use ideology to guide their voting behavior.

If found guilty, the loser may have to serve jail time.

If found guilty, the loser may be required to pay money. The government may be a party to the dispute.

Disagreements over contracts and torts are the most common types of cases.

A petition for a writ of certiorari is filed. The case goes to conference. The Court grants a writ of certiorari. Oral arguments commence.

A state supreme court rules against a citizen in a matter of racial discrimination with no clear precedent; the decision is appealed by the citizen. One federal appeals court rules one way on a case, while another federal appeals court rules the other way; the losers in both cases appeal to the Supreme Court.

Writ of certiorari granted. Attorneys submit briefs. Attorneys present oral arguments. Case goes to conference. Winning side writes opinion.

president; senators; Senate Judiciary

in cases in which a foreign ambassador is involved, when a state government brings a case against citizens of another state, and in a case between the federal government and a state government

Supreme Court nominees tend to share the same ideologies and political outlooks as the presidents who appoint them.

concrete review, review of state laws, and review of actions by the executive branch

reviewing federal agency cases before they are appealed to the Court

White men outnumber all other judges combined. The majority of each president's nominees are white.

civil law

stare decisis

a court order that an individual in custody be brought into court and shown the cause for his or her detention

state courts

Congress

it established the power of judicial review

less than 1 percent

the solicitor general and law clerks

the solicitor general

amicus curiae

a Supreme Court justice who disagrees with the majority decision

judicial activism

true

false

true

false

false

has increased

the death penalty

the Commission on Judicial Appointments

civil and criminal cases

a recall election

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

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

justice on the Supreme Court who presides over the Court' s public sessions and whose official title is chief justice of the united states

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

a court that hears the appeals of trial court decisions

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

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

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

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

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

judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the documents meaning

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

the sphere of a court's power and authority

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

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

the authority to initially consider a case; distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court's decision

the individual or organization that brings a complaint in court

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

prior case whose principles are used by judges as the basis for their decisions in present cases

the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidates own sate support the nomination

the top government lawyer in all cases before the supreme court in which the government is a party

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

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

the highest court in a particular state or in the United States; this court primarily serves an appellate function

the first court to hear a criminal or civil case

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"

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