Government Chapter 12 Flashcards

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Questions and Answers

What is a writ of certiorari?

  • A ruling on a law or action that has not been challenged
  • A brief unsigned statement of the Court's decision
  • A formal writ used to bring a case before the Supreme Court (correct)
  • A written statement summarizing a case

What is a per curiam opinion?

A brief, unsigned statement of the Court's decision

What is the rule of four?

Four justices must agree to hear a case before it is given a writ of certiorari.

What is a brief?

<p>A written statement by an attorney that summarizes a case and the laws and rulings that support it.</p> Signup and view all the answers

What is an amicus curiae?

<p>A brief submitted by a 'friend of the court'.</p> Signup and view all the answers

What problems might a person have while defending himself or herself in court?

<p>There would be a backup of trials, trials would not be speedy.</p> Signup and view all the answers

What is a majority opinion?

<p>A statement that presents the views of the majority of Supreme Court justices regarding a case.</p> Signup and view all the answers

What is a dissenting opinion?

<p>A statement written by a justice who disagrees with the majority opinion.</p> Signup and view all the answers

What steps does the Supreme Court take in selecting, hearing, and deciding cases?

<p>A brief is submitted; the two sides of the issue argue; conference meets; a majority opinion and dissenting opinion is written.</p> Signup and view all the answers

Do you believe it is proper that the Court's deliberations are secret?

<p>Yes, because the information discussed should not risk being leaked to the public.</p> Signup and view all the answers

What is judicial review?

<p>Authority given to the courts to review the constitutionality of acts by the executive/state/legislature.</p> Signup and view all the answers

What does it mean to impound in a legislative context?

<p>To refuse to spend money that Congress has appropriated.</p> Signup and view all the answers

What is stare decisis?

<p>Let the decision stand; decisions are based on precedents from previous cases.</p> Signup and view all the answers

What is the definition of precedent?

<p>A law established by following earlier judicial decisions.</p> Signup and view all the answers

What is an advisory opinion?

<p>A ruling on a law or action that has not been challenged.</p> Signup and view all the answers

What three ways can the Supreme Court determine public policy?

<p>Using judicial review, interpreting the meaning of laws, overruling or reversing its previous decisions.</p> Signup and view all the answers

What are five limits on Supreme Court powers?

<p>Types of issues, types of cases, control over agenda, enforcement power, checks and balance.</p> Signup and view all the answers

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Study Notes

Writ of Certiorari

  • Formal document to bring a case before the Supreme Court.

Per Curiam Opinion

  • Brief, unsigned statement reflecting the Court's decision.

Rule of Four

  • Requires agreement from four justices to hear a case for a writ of certiorari.
  • A written argument summarizing a case along with supporting laws and rulings.

Amicus Curiae

  • "Friend of the court"; a brief submitted to assist in decision-making.

Self-Representation Challenges

  • Potential delays and backlog in trials violate the 6th Amendment's right to a speedy trial.

Majority Opinion

  • Statement representing the views of the majority of justices on a case.

Dissenting Opinion

  • Written by a justice who disagrees with the majority opinion, articulating alternative views.

Supreme Court Case Process

  • Submission of briefs followed by arguments from both sides.
  • Justices meet in a conference to discuss cases.
  • Majority and dissenting opinions are drafted.

Secrecy of Court Deliberations

  • Some believe confidentiality protects sensitive discussions, preventing public influence on decisions.

Judicial Review

  • Courts' authority to assess the constitutionality of legislative and executive actions.

Impound

  • The act of refusing to spend allocated funds by Congress.

Stare Decisis

  • Legal principle dictating that courts follow precedents from previous cases.

Precedent

  • Established law derived from prior judicial rulings.

Advisory Opinion

  • Ruling on a law or action that hasn’t been contested.

Public Policy Determination

  • Through judicial review, interpretation of laws, and reversing past decisions.

Limits on Supreme Court Powers

  • Scope of issues: Limited focus on civil liberties, economic matters, and lawsuits against officials.
  • Criteria for cases: Only hears cases that result in significant decisions; actual harm must be demonstrated.
  • Agenda Control: Receives cases from the legal system without self-directed agenda.
  • Enforcement Issues: Difficulty in ensuring rulings are followed by lower courts; lack of oversight on numerous trial decisions.
  • Constitutional Checks and Balances: President appoints justices, Senate confirms, and Congress can remove them.

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