Courts

Political Science 104 with Coleman at University of Wisconsin - Madison

About this deck

By: Megan Opperman
Textbook:

American Government: Power and Purpose, Tenth Brief Edition
Created: 2012-04-10
Size: 46 flashcards
Views: 39

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Citizens United vs. Federal Eleciton Commission (2009)

Courts couldn't put a limit on campaign funding because it infringes free speech

What part of the constitution is the judiciary system in?

Article 3

Judiciary system duties

-Interpreting laws

-Issuing rulings over disputes with out laws

-Ensuring punishment of individuals who violate laws

-Compensating victims of violations

District Courts

First tier of federal judiciary in which most cases are decided; appointed by president - life long judges

Magistrate Judges

Judges who support federal district judges by hearing and deciding minor cases at the district court level --> 4-8 year terms

Appellate Courts

Second tier of federal judiciary, primarily responsible for reviewing decisions by first tier of district courts

Circuits

-13 circuits

-D.C. circuit, federal circuit, accepts cases based on subject matter vs. location

Supreme Court

highest court where all decisions are final

Writ of Certiorari

Formal acceptance by the Supreme Court to review a decision of a lower court

Rule of 4

4 S.C. justices have to support a "cert" for it to be reviewed in the S.C.

Original Jurisdiction

First and last court to hear a case

**State vs. State issues

South Carolina vs. North Carolina (2010)

S.C. ruled that a third-party entity would be responsible for fair distribution of Catauba's water

Briefs

Documents that contain the legal arguements of a dispute

Oral Arguement

Lawyer's spoken presentation to the court of the legal reasos that his/her side should prevail; 30 minutes each

Conference

Confidential meetig of justices to discuss their thoughts about the case and cast preliminary votes

Chief Justice

Chair of conference; if in majority he chooses the judge to write the majority opinion

Majority Opinion

Written document that reflects the collective judgement of the justices on the majority side

Concurring Opinion

Document written by majority side that outlines additional considerations for majority opinion

Dissenting Opinion

Document written by minority side on reasoning of case and preceived flaws in majority opinion

Plantiff/Prosecutor

Party who initiates a lawsuit by filing a complaint

Defendant

Party being sued or accused of a crime

Jury

Group of private citizens selected to listen to a trial and issue a final verdict

Criminal Case

Case that involves a violation of the statutes that are intended to protect the public's health, order, safety, and morality

Civil Case

Case that concerns a violation of the legal rights or obligations of one individual toward another

Class Action Suit

lawsuit in which the plantiff is a group of individuals who have suffered a common injury

Standing

Requirements establishing that for a plantiff to bring a case to court, he/she must have suffered a well-defined injury that is a result of violation of the civil code

Ripeness Doctrine

Principle where the courts will accept only cases in which the actual harm has already passed

Plea Bargain

Agreement between the prosecutor and defendant in a criminal case where the parties agree to a specified crime and punishment

How does a judge influence public policy?

-Making laws

-Developing rules to dictate resolution of disputes

Common Law

Law made by judges when no legislation currently exists

Public Law

Those laws enacted by presidents and Congress that define the relationship between individuals and the state

Judicial Review

Power of the judiciary to interpret and overturn actions taken by the legislative and executive branches of government

Marbury vs. Madison

S.C. ruled that parts of judicial review were unconstitutional - created the power of deciding which laws were constitutional and which ones weren't

Legal Model

Judges make decisions by deciphering the correct interpretation of the law and the relevant portion of the Constitution, and determining if there is a conflict between the two

Stare Decisis

Judges must consider decisions of their predecessors in similar cases and come to the same decision if the basic elements of the case are the same as previous

Judicial Restraint

Practice judges engage in when they limit the exercise of their own power by overturning past decisions only where they are clearly unconstitutional

Judicial Activism

Tendency of judges to give themselves leeway in deciding whetber to abide by past court decisions; allows them to consider possible outcomes, public opinion, and their own preference

Attitudinal Model

Judges use their own policy preferences in deciding cases

Strategic Model

Judges consider their own policy preferences plus the possible actions of the other branches of government when making decisions

Solicitor General

Individual who represents the federal government (interests of the executive branch) in the S,C.

Amicus Curiae

Brief written by someone who is not a party to a case but who submits information or an arguement related to the dispute at hand

Bush vs. Gore

-Election votes not counted in FL, FL S.C. counted tardy votes to Gore's vote, Bush appealed to the S.C.; S.C. deemed the manual recounts unconstitutional

**Due to Equal Protection Clause

Per curiam

Decision not signed by a justice

Korematsu vs. United States (1944)

FDR put Japanese Americans into internment camps after Pearl Harbor; S.C. ruled in favor of policy

What do judicial decisions influence?

Public opinion

Senatorial Courtesy

Senior senator from the state of a district court vacancy assists the president in selecting a replacement

**Applies only to district court appointees

About this deck

By: Megan Opperman
Textbook:

American Government: Power and Purpose, Tenth Brief Edition
Created: 2012-04-10
Size: 46 flashcards
Views: 39

About StudyBlue

“Simply amazing. The flash cards are smooth, there are many different types of studying tools, and there is a great search engine. I praise you on the awesomeness.”
Dennis