Unit 12: The Supreme Court & The Judiciary Flashcards Preview

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Flashcards in Unit 12: The Supreme Court & The Judiciary Deck (23)
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1
Q

(T/F) The United States Supreme Court can decide only cases that originate in federal courts.

A

False

2
Q

The United States government’s lawyer before the Supreme Court is called the __________.

A

Solicitor General

3
Q

A jurist who believes in judicial restraint ___________.

A

Is wary of going against the wishes of elected representatives

4
Q

Checks on judicial power include ___________.

A

Constitutional amendment
impeachment
withdrawing jurisdiction

5
Q

The Supreme Court’s original jurisdiction includes cases _______.

A

Between one of the states and the United States government
Between two or more states
Involving foreign ambassadors, ministers, or consuls

6
Q

Who or what determines the size of the US Supreme Court?

A

Congress

7
Q

Today, almost all cases reach the Supreme Court on a writ of _____________________.

A

Certiorari

8
Q

What are the constitutional qualifications to become a federal judge?

A

None

9
Q

(T/F) The Supreme Court is much more active in striking down state than federal legislation.

A

True

10
Q

The power to hear a case for the first time

A

Original jurisdiction

11
Q

The power of a higher court to review decisions and change outcomes of decisions of lower courts

A

Appellate jurisdiction

12
Q

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

A

Writ of certiorari

13
Q

An impartial adviser, often voluntary, to a court of law in a particular case.

A

Amicus curiae

14
Q

Latin for “to stand by things decided.” In short, it is the doctrine of precedent.

A

Stare decisis

15
Q

The way lawyers and judges talk publicly about the law.

A

Legal reasoning

16
Q

A process under which executive and (in some countries) legislative actions are subject to review by the judiciary

A

Judicial review

17
Q

Refers to court rulings based on a judge’s political or personal considerations

A

Judicial activism

18
Q

A theory of judicial interpretation that encourages judges to limit the exercise of their own power.

A

Judicial restraint

19
Q

Refers to a tacit agreement among senators not to vote for any presidential nominee who is opposed by the senators from the nominee’s home state.

A

Senatorial courtesy

20
Q

(aka Circuit Split) When multiple U.S. Courts of Appeal issue rulings on a point of law which are in conflict with each other.

A

Circuit Conflict

21
Q

The name of court systems in several common law jurisdictions.

A

Circuit court

22
Q

The general trial courts of the United States federal court system.

A

District court

23
Q

A landmark case by the United States Supreme Court which forms the basis for the exercise of judicial review

A

Marbury v Madison (1803)