Govt SG6 Flashcards
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Questions and Answers

The party that brings a complaint in court is called the ______, and the one against whom the complaint is brought is called the ______.

plaintiff; defendant

Prior cases whose principles are used by judges to decide current cases are called?

  • Precedents (correct)
  • Ex post facto cases
  • Public law
  • Common law
  • En blanc decisions

    • The doctrine of ______ requires courts to follow authoritative prior decisions when ruling on a case.

    stare decisis

    When a case is resolved through a negotiated agreement before a full trial is completed, it is called?

    <p>A plea bargain</p> Signup and view all the answers

    In most circumstances, a supreme court is best described as a(n) ______ court.

    <p>appellate</p> Signup and view all the answers

    The right of due process is best described as the right of?

    <p>Every person not to be treated arbitrarily by a government official or agency</p> Signup and view all the answers

    All of the following are part of the official jurisdiction of the federal courts except?

    <p>Cases involving citizens from the same state</p> Signup and view all the answers

    The jurisdiction of each federal court is derived from?

    <p>The Constitution and federal law</p> Signup and view all the answers

    A writ of habeas corpus declares that ______.

    <p>the government must show a legal cause for holding someone in detention</p> Signup and view all the answers

    Which of the following statements about the U.S. Courts of Appeals is incorrect?

    <p>The appeals courts are able to hear all cases involving federal law, but not constitutional law.</p> Signup and view all the answers

    Each year, the Supreme Court receives about ______ appeals and hears about ______ of them in full court.

    <p>10,000; 80</p> Signup and view all the answers

    Original jurisdiction refers to?

    <p>The court with the authority to hear a case first</p> Signup and view all the answers

    Trial courts in the federal judicial system are called?

    <p>District courts</p> Signup and view all the answers

    What is the main function of the chief justice of the Supreme Court?

    <p>The chief justice presides over the Court's public sessions and private conferences.</p> Signup and view all the answers

    The size of the U.S. Supreme Court is set by?

    <p>Congress</p> Signup and view all the answers

    What was known as the court-packing plan?

    <p>The attempt by Franklin Roosevelt to add sympathetic justices to the Supreme Court in order to get New Deal laws upheld as constitutional</p> Signup and view all the answers

    Senatorial courtesy describes the practice of?

    <p>Senators from a president's party approving of a judicial nominee from their home state</p> Signup and view all the answers

    Why has partisan conflict surrounded federal judicial appointments in recent years?

    <p>The federal courts play an important role in shaping American law and politics.</p> Signup and view all the answers

    In recent years, federal court appointments have?

    <p>Been characterized by intense partisan and ideological efforts to support or defeat the candidate</p> Signup and view all the answers

    Through the exercise of ______, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.

    <p>judicial review</p> Signup and view all the answers

    Why is the Supreme Court case Marbury v. Madison important?

    <p>In this case, the Court authorized itself to exercise judicial review over laws passed by Congress.</p> Signup and view all the answers

    The power of the Supreme Court to review state actions and legislation comes from?

    <p>Marbury v. Madison</p> Signup and view all the answers

    Which of the following is part of the Miranda rule?

    <p>Arrested people have a right to remain silent</p> Signup and view all the answers

    The case Baker v. Carr concerns?

    <p>Apportionment of legislative seats</p> Signup and view all the answers

    Most cases reach the Supreme Court through the?

    <p>Writ of certiorari</p> Signup and view all the answers

    Which of the following best describes the role of the solicitor general?

    <p>The lawyer who represents the United States before the Supreme Court in cases where the federal government is a party</p> Signup and view all the answers

    A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ______ brief.

    <p>amicus curiae</p> Signup and view all the answers

    When the Supreme Court refuses to review a lower-court decision, announcing this decision through a brief unsigned opinion, it is called ______ opinion.

    <p>per curiam</p> Signup and view all the answers

    The written document in which attorneys explain why the court should rule in favor of their client is called a(n) ______.

    <p>brief</p> Signup and view all the answers

    Under normal rules of oral argument, each lawyer has ______ to present his or her case before the Supreme Court.

    <p>thirty minutes</p> Signup and view all the answers

    When justices agree with the ruling of a court majority but not all of its reasoning, they may often write a(n)?

    <p>Concurrence</p> Signup and view all the answers

    What is the significance of dissenting opinions?

    <p>Dissents are signs that the Court is in disagreement on an issue and could change its ruling.</p> Signup and view all the answers

    If someone is an advocate of judicial restraint, he or she believes?

    <p>That the Court should beware of overturning the judgments of popularly elected legislatures.</p> Signup and view all the answers

    Activist judges believe that the courts should?

    <p>Go beyond the words of a constitution or statute to consider the broader societal implications of its decisions.</p> Signup and view all the answers

    What did the framers call the 'least dangerous branch'?

    <p>The Supreme Court</p> Signup and view all the answers

    Study Notes

    • The party bringing a complaint in court is the plaintiff, while the opposing party is the defendant.
    • Precedents are prior cases whose principles guide current case decisions.
    • Stare decisis is the doctrine that mandates courts to follow established precedents in decision-making.
    • A case settled through negotiation before a full trial is known as a plea bargain.

    Court Systems and Jurisdiction

    • Supreme Courts typically function as appellate courts, reviewing decisions made by lower courts.
    • Due process ensures individuals are not treated arbitrarily by government entities.
    • Federal courts have jurisdiction over treaties, federal statutes, U.S. Constitution cases, but not generally cases between citizens of the same state.
    • The jurisdiction of federal courts originates from the Constitution and federal law.

    Supreme Court Processes

    • A writ of habeas corpus compels the government to justify an individual's detention legally.
    • The Supreme Court receives approximately 10,000 appeals annually but only hears about 80 fully.
    • Original jurisdiction refers to the authority of a court to hear a case first.
    • District courts are the trial courts in the federal judicial system.

    Chief Justice and Court Composition

    • The chief justice's main role involves presiding over public sessions and private conferences of the Court.
    • The size of the U.S. Supreme Court is determined by Congress, not the Constitution.

    Historical Significance and Judicial Review

    • The court-packing plan refers to Franklin Roosevelt's attempt to add justices sympathetic to the New Deal.
    • Senatorial courtesy allows home-state senators to influence the appointment of federal judges.
    • Recent federal judicial appointments are marked by intense partisan conflict, reflecting their significant impact on law and politics.
    • The Supreme Court's power to review state actions originates from the decision in Marbury v. Madison, establishing judicial review.
    • The Miranda rule states arrested individuals have the right to remain silent.
    • Baker v. Carr pertains to the apportionment of legislative seats, ensuring equal representation.
    • Cases typically reach the Supreme Court mainly via writs of certiorari.

    Roles and Opinions in the Supreme Court

    • The solicitor general represents the U.S. government before the Supreme Court.
    • Amicus curiae briefs can be filed by interested non-parties to influence case outcomes.
    • An unsigned brief issued when the Court declines to review a case is known as a per curiam opinion.

    Judicial Conclusion and Variations in Opinion

    • Written documents detailing arguments for court rulings are called briefs.
    • Each lawyer typically has thirty minutes for oral arguments before the Supreme Court.
    • Justices who agree with a majority's ruling but not its reasoning may write a concurrence.
    • Dissenting opinions signal disagreement and may indicate future shifts in legal interpretations.

    Judicial Philosophy

    • Advocates of judicial restraint stress adherence to the Constitution's text, limiting interventions in legislative decisions.
    • Activist judges support interpreting the Constitution to address broader societal implications, often prompting significant change.

    Historical Perspective

    • The framers considered the Supreme Court to be the "least dangerous branch" of government, emphasizing its limited powers compared to legislative or executive branches.

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    Description

    Test your knowledge of government terms with these flashcards. This quiz focuses on important legal definitions, including the roles of plaintiffs and defendants, as well as the concept of precedents in law. Perfect for students studying government or law.

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