Judicial Test

  1. Define Writ of Cert
    • Writ of Cert is is an order issued by a higher court to a lower
    • court to send up the records of a case to review
  2. What is the structure of the federal court?
    • 1.) US District Courts
    • 2.) US Court of Appeals (Cicut Court)
    • 3.) US Supreme Court.
  3. What is Judicial Review
    When the Supreme Court looks over laws and ruling to decided whether they are constitutional or not.
  4. Define Per Curium
    Per curium is a brief that is unanimous and isnt signed to prevent the public from knowing how the Court voted. ex. Bush v. Gore.
  5. How can Congress influence the Supreme Court?
    Through approving appointment and senetorial courtesy because senators advice the President about appointments, give them information about possible judges, and can blacklist potential judges.
  6. Define amicus curie
    Amicus curiae is a Latin term meaning “friend of the court” and refers to interested groups or individuals, not directly involved in a suit, who my file legal briefs or make oral arguments in support of one side.
  7. What is the Supreme Courts stance on political issues?
    They dont have a stance in politics and they do their best to avoid it because they dont want to voice their opinion for fear that citizens might think they are biased
  8. What are the importance of briefs?
    • A brief is important because it sets forth the
    • facts of the case, summarizes the law, gives the arguments for its side, and discusses other relevant cases.
  9. What are briefs?
    • A brief is a legal document prepared by an
    • attorney representing a party before a court.
  10. What courts focused more on civil and individual rights?
    Those courts that came after the Marshall Courts
  11. Describe the Burger court?
    The Bruger court was a liberal/republican activist court that is a prime example of a judge apointee going against the president who nominated him
  12. Describe the Warren court
    The Warren Court was a liberal activist court that was more progressive and delt more with civil rights.
  13. Describe the Marshall court
    The Mrshal court was a mostly conservative court that focused more of the rights of the government (1801-1835)
  14. What is the Litmus test?
    The litmus test is a test of ideological purity, a way of finding out whether a person is a dyed-in-the-wool liberal or conservative or what his or her views are on controversial questions
  15. What is the role of the solicitor general?
    Argues and petitions before the court
  16. What is the Original jurisdiction for the Supreme Court?
    • Cases that..
    • Deal with two or more states
    • Deal with the US and the state
    • Deal with forgein ambassadors/forgein matters and other diplomats
    • Deal with the state and citizen of a different state
  17. Describe Court of Appeals
    Reviews the final decision of district courts; cases usally reviewed by one judge, unless case is important than it is reviewed en banc (3 judges)
  18. Describe District Courts
    Original jurisdiction for cases within their region. Usually a jury tries these cases; one judge
  19. Describe Legislative Courts
    Courst set up by Congress for specialized purposes; judges serve fixed terms, easily removed, and have a fixed pay that can be reduced.
  20. What is the purpose of apelate jurisdiction?
    Defines law and the Constitution
  21. How many circut courts are there?
    11 circut courts
  22. How many district courts are there?
    94 district courts
  23. What courts are required by th Constitution?
    • Circut Courts
    • District Courts
    • Supreme Court
  24. What are the Original Jurisdiction of District Court?
    • Federal Crimes
    • Civil Suite under Federal Law
    • Civil suits between citizens of different states
    • Orphan Courts
    • Maritine disputes***
  25. Name all the Article III Courts
    • Supreme Court
    • Circut Court
    • District Court
    • Court of Forgein Trade
  26. Define Judicial Activism
    Judicial activism asserts the court has both the right and the obligation to overturn bad precedents and promotes society’s desirable goals; loos interpretation of the Contitution; Constitution is a livin document.
  27. Define judicial restraint
    Judicial restraint hold that judicial review should be used sparingly by the Court and the elected officials should make policy decisions; strict construtionist; believes in the stated meaning of the constitution
  28. Where do most petitions come from?
    The state side
  29. What is the political background of most Supreme Court judges?
    They are lawyers who have previously been federal judges.
  30. Why does the Supreme court depend on the Executive branch?
    The president makes appointments and he is the one in charge of enforcing rules.
  31. What does Article III specify?
    • Terms of office
    • Supreme and inferior courts (Circut and district)
    • Sets structure
  32. What are some of the thing that make a case a shoe in to be heard by the Supreme Court?
    • The US was a petitioner in the case
    • There were more than three amicus curie briefs filed
    • There was an actual conflict
    • President or Solitor general asks for the case to be taken.
  33. What makes a cases "cert worthy"
    • Circut Conflict
    • Importance
    • Extraneous Legal Erros in Lower Courts
  34. Who is the attorney general?
    The United States Lawyer
  35. When can cases be tried in eitheir courts?
    • When sate and federal law have been broken (dual soveriengty)
    • Justified- each government has the right to enact laws.
  36. What are federal question cases?
    Cases involving US matters.
  37. What are diversity cases?
    Cases involving citizens of different states
Card Set
Judicial Test
gove test