Chapter 4

  1. In an ADVERSARY LEGAL system
    attorneys are expected to provide zelous representation and advocacy to protect their side's interest.
  2. The idea that there are 2 court systems; state & federal, which share jurisdiction for the law is reffered to as a(n)
    dual court system
  3. A court with authority to hear a case in the first instance, is said to have
    original jurisdiction
  4. 6. In the U.S.A. intermediate appellate courts are primarily responsible for
    reviewing the decision of lower court judges
  5. 7.A concurring opinion refers to an opinion of a judge who
    agrees with the decision of the majority but wishes to give an alternative explination for their decision
  6. 8. Appelate courts differ from trial courts in that
    • -cases are gen. heard by judges rather than a jury
    • -cases gen. revolve around alleged errors in investigation or errors in trial process rather than finding of the fact.
    • -they gen. only review cases in writing rather than testimony of witnesses
    • -decisions reflected in written majority rather than final veridict.
  7. 9. when supreme court agrees to hear a case, it issues a(n)___ to take jurisdiction over the case from the lower court
    writ of centiorari
  8. 1st woman to sit on us supreme court was
    Sandra day o'connor
  9. 12. power of judicial review id specifically articulated in which article of constitution
    no where in constitution
  10. 13. Which topic is not a part of article III in the constitution
    judiocial review
  11. 14. The protection vs. cruel and unusual punishment is afforded in the
    8th amendment
  12. 15.m Power of judicial review was established by U.S. Supreme court decision in the case of
    Marbury v. Madison
  13. 17. Legal order which a court deirects a gov't offical to take specific course of action as required by law is gen. known as
    writ of mandamus
  14. 19. The process by which congress may remove a sitting judge, president, or high officials is known as
  15. 21. The Supreme courts controversial decision in Kelo v. city of new london
    permitted gov't to use emminent domain to turn homeowners to turn property over to developers to advance local ecconomic progress.
  16. 22. in 1937, pres. Franklin Roosevelt famously tried to change the composoition of the U.S. Supreme Court to make it more amenable to his proposals in his
    court packing plan
  17. 24. A process by which members of the U.S. senaste may block voting or delay voting on proposed legislation or on the confirmation of presidential appointments is known as
  18. 25. Senatorial Courtesy refers to the practice of
    Allowing the Senators of the pPresident's party to Veto nominees for their home's state district courts
  19. 26. How many votes does it currently take to end a filibuster in the U.S. Senate?
  20. 27.Which of the following is NOT a a method of Judicial selection used by American States?
    hereditary appointment
  21. 28.The narrow interpretation of the Constitution, based only on the meaning of the Writers isknownas
    iriginal intent
  22. 29.Which of the following is an example of a judge made law?
    The rights of habeous corpus
  23. 30. Judges need to interpret Constitutions and statuies because
    the law is frequently ambiguous and in need of interpretation
  24. 31.Followers of original intent doctrine are sometimes referred to as proponets of
    judicial restraint
  25. 32. The attitudinal model of judicial decision making argues
    that judges look to individual values to make decisions
  26. 34. as a model of judicial decision making, new institutioonalism argues that
    judicial decisons can only be understood in the larger political context
  27. 35.The __ model of judicial decision making emphasizes understanding courts as intitutions and seeing the roles of courts within the larger politcal context
    new institutionalism
  28. 36. Thecourt pathway is often attractive to small interest groups bcuz
    it is possible to succeed with few resources
  29. 37. Becaouse it is possible to succeed with few resouces, the court pathway is often most attractive to
    small interest groups
  30. 38. Volunteer work done by attourneys, usually for cases they believe in, is reffered to by the latin phrase
    pro bono
  31. 39. Which of the foillowing is not gen. a concideration, when interest groups develop their stategy for cases.
    Ensuring there is a good supply of additional cases
  32. 8. In a jury trial the judge is the final arbiter of fact
  33. 14. The U.S. Supreme court has original jurisdiction on a ver small amount of cases.
  34. 15. The U. S. Supreme court has appelate jurisdiction over
    any other case decided by any other courtroom in the country
  35. 21. All 9 justices on the Supreme Court must agree to hear a case before the case is transfered to the US Su[preme court
  36. 31. As the framers anticipated, the courts have little influence over the development of public policy in the US
  37. 32. Case precedent is important becasue it provides redictability and stability in the US legal system
  38. 35. At the federal level judges are appointed to the bench for life on good behavior
  39. The US Supreme court is an example of a court with both appellate and original jurisdiction
  40. 52. The innab ility of the courts to enforce their decisions makes the courts meaningless in the struggle for civil rights and the protection of civil liberties
  41. The Supreme Court's decision in Korematsu v. Us. demonstrates the court's willingness to stand up to the other branches of gov't in order to guarantee individual liberty.
  42. Case precedent reffers to the idea that judges to should base current decisions using case history and previous decisions as a guide.
Card Set
Chapter 4
Part 1, Study Guide-Test 2