hist ch 8-9

  1. what act of Congress established the structure of the federal court system
    Judiciary Act of 1789
  2. courts which Congress has created by its authority under Article III
    constitutional courts
  3. which are the most active of the federal judiciary courts
    United States District Court
  4. what Constitutional amendment prevents a citizen of one state from suing another state
    11th Amendment
  5. what court has no jurisdiction under Article III
    legislative court
  6. … "the right of a court to hear and decide a case."
  7. the professional interest group that has the most influence on the President and his choice of a federal judge
    American Bar Association (ABA)
  8. what is one in which the plaintiff (the person filing the lawsuit) feels he has been wronged by the defendant(the person named in the suit) and is seeking to recover something of value form the defendant
    civil case
  9. who is to examine the evidence presented by the prosecutor to determine whether there is sufficient evidence against the accused to try a case
    grand jury
  10. who actually hears the case in court
    trial jury
  11. a jury that cannot agree on a verdict is
    "hung jury"
  12. material presented as proof at a trial
  13. the attorneys set of standards governing the admission of evidence into the court proceedings
    Rules of Evidence
  14. evidence obtained illegally is not admissible in a court of law
    Exclusionary Rule
  15. a request that a higher court review the case records and verdict of the lower court
    appeal (writ of certiorari)
  16. what courts handle the appeals from federal district courts
    United States courts of Appeals
  17. what is featured directly above the judges' bench in he marble Court Chamber of the Supreme Court Building.
    Ten Commandments
  18. the right of the Court to declare a law, or action based upon that law, unconstitutional
    judicial review
  19. the power for a court to decide whether it will hear a case or not is
    discretionary review
  20. who was chief justice during the Marbury v. Madison case
    John Marshall
  21. a court order compelling a person to obey a power given to the Supreme Court by the Judiciary Act of 1789
    writ of mandamus
  22. who traditionally begins the review of the case in conference
    chief justice
  23. the belief (adopted by the chief justice Earl Warren) that judges should go beyond the "four corners of the Constitution and use the Constitution to change societal behavior
    judicial activism
  24. what case illustrated the radical activism of the Burger Court
    Roe v. Wade
  25. briefs filed with the court by individuals that are not parties in a case but have an interest in the cases outcome
    amicus curiae brief
  26. final stage of the Supreme Courts decision making process
    Opinion Day
  27. the chief decision makers of the federal judiciary
    judges of justice
  28. a statement of an individual citizen's legal privileges
    bill of rights
  29. what group lent final support for ratification of the Constitution in Virginia
  30. what are the three Lemon test criteria
    • the law must have a secular purpose
    • the law's primary effect must be neutral toward religion
    • the law must not foster an excessive entanglement of government with religion
  31. what court case brought about the Lemon Test
    Lemon v. Kurtzman
  32. what was the first free exercise case
    Reynolds v. United States
  33. the restraint or censorship of material before it is published; prohibited by First Amendment
    prior restraint
  34. false speech
  35. false writing
  36. what right does the third Amendment guarantee one in regard to his home
    property rights
  37. restricts the sale of handguns by requiring a waiting period for the purchase of a handgun
    Brady Law
  38. a written statement issued by a judge which gives a law officer the legal right to search for a particular thing in a specific place
  39. declared the slaves within the Confederacy to be free
    Emancipation Proclamation
  40. the idea that the supreme court should interpret and apply the constitution according to the original understanding of those who wrote and ratified it
    Judicial restraint
Card Set
hist ch 8-9
A Beka 12th grade history/government