Understanding the US Judicial System: Jurisdiction, Courts, and Cases, Quizzes of Political Science

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TERM 1 courts of original jurisdiction DEFINITION 1 first court to hear a case TERM 2 courts of appellate jurisdiction DEFINITION 2 courts that hear cases on appeal from lower courts and determine whether the law and legal procedures have been appropriately applied. can overturn decisions of lower courts TERM 3 criminal case vs. civil case DEFINITION 3 Criminial case is an act against society (criminal law regulates individual behavior to protect property and public safety) A Civil case is an act a private person or group (deals with business and contractual relations between groups and individuals) TERM 4 Federal Courts established by the Constitution DEFINITION 4 Supreme Court TERM 5 How does the Constitution describe the jurisdiction of the Federal Courts DEFINITION 5 the judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made under their authority TERM 6 Appellate and Original Jurisdiction of the Supreme Court DEFINITION 6 original jurisdiction in "cases affecting ambassadors, other public minister and consuls, and those in which a state shall be a party"Appellate jurisdiction "in all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make." TERM 7 Federal Judge Appointment and Terms DEFINITION 7 Federal judges are nominated by the President, and appointed with the advice and consent of the Senate. No term limits, held as long as they demonstrate good behavior TERM 8 constitution v. legislative courts DEFINITION 8 Constitutional courts are established or authorized in the Constitution and Legislative courts are established by Congress under its implied powers and usually serve special purposes. TERM 9 Judiciary Act of 1789? DEFINITION 9 It established a 3-tiered structure of the federal court system. District courts>Circuit Courts (appeal)> Supreme Court TERM 10 Jurisdiction of U.S. District Courts DEFINITION 10 original jurisdiction, cases involving federal government, civil suits under federal law, civil suits between citizens of different states in issue of $75,000+, admiralty or maritime disputes, bankruptcy, other matters assigned by Congress TERM 21 cases the supreme court is likely to take up DEFINITION 21 1. Cases that involve conflicting decisions by the federal circuit courts, cases that present important questions of civil rights or civil liberties, and cases in which the federal government is the appellant. TERM 22 interest groups influence the supreme court decisions DEFINITION 22 They can find and prepare important test cases, and file amicus curiae briefs in cases. TERM 23 Supreme Court procedure for hearing and deciding a case DEFINITION 23 Receive written arguments (briefs) and study them, oral arguments (30 min. includes questions from justices), conferences (private among justices), writing opinions (majority, dissenting, and concurring opinions) no new testimonies are heard. TERM 24 why does the supreme court publish their decision DEFINITION 24 They publish it to explain why it has done what it his done- provides guidance to other courts especially circuit courts. How to apply that case. TERM 25 majority opinion DEFINITION 25 a. written by someone who voted with the majority opinion and the ruling on the case TERM 26 dissenting opinion DEFINITION 26 written by someone the minority opinion of the justices who disagree with the majority opinion and the ruling of the court TERM 27 concurring opinion DEFINITION 27 someone who voted with the majority but had different reasoning for voting with them TERM 28 stare decisis DEFINITION 28 adhere to the decision- Judges defer to prior decisions (precedents) in similar cases. TERM 29 judicial restraint DEFINITION 29 judges defer to other branches of government and let their decisions stand. TERM 30 judicial activism DEFINITION 30 judges should use their power broadly to further justice, especially in areas of equality and personal liberty. TERM 31 how does the Attitudinal Model explain judge behavior? DEFINITION 31 It holds that judges make decisions based on their personal attitudes (attributes: party, occupation, education, and prior experiences) TERM 32 How does senatorial courtesy affect appointment of federal judges? DEFINITION 32 district courts and state courts presidential appointments should consult with state senators about who they think will be suitable for cases. President typically seeks out advice of those in his party. TERM 33 how do presidential appointments affect supreme court justices DEFINITION 33 a. the president names nominees after consultation and investigation- he looks for similar justices to his opinions TERM 34 how does senate review of appointments affect supreme court? DEFINITION 34 judiciary committee hearing is usually partisan can affect who ends up in the supreme court TERM 35 congressional ability to pass laws or propose constitutional amendments DEFINITION 35 If congress doesnt like supreme court decisions they can pass laws or clarify them to change their decisions. TERM 46 How does the Texas system of choosing judges compare with methods used by other states? DEFINITION 46 A lot of states use non-partisan election, we are a part of small states using partisan elections. TERM 47 What are the common criticisms of the Texas method of choosing judges? DEFINITION 47 1. Its a system that requires judge campaigns and they must raise money- often there will be conflicts of interest because many of the same lawyers who donate may appear in later cases. TERM 48 demographic profile of Texas judges resemble the profile of the Texas population? DEFINITION 48 No, it is mostly old white men TERM 49 petit juries DEFINITION 49 - a small jury, which is responsible for determining the outcome of a trial in a court of original jurisdiction. Guilty or not, someone has been harmed or not. TERM 50 grand juries DEFINITION 50 bigger bodies (approx 23) determine whether a person should be indicted or not, if there is enough evidence to even charge the person with a crime. (all felony indictments must be handed down from the grand jury in TX) TERM 51 What is the role of the Texas Commission on Judicial Conduct? DEFINITION 51 1. They hear complaints against sitting judges and decide appropriate punishment. TERM 52 What tools are available to the Texas Legislature to discipline judges? DEFINITION 52 1. Two- only one counts. TX Legislature can bring about impeachment proceedings against a judge, and judges can be removed by judicial address (by passing a law)- meaningless constitutional tradition that is not used.The Commission on Judicial Conduct can issue private reprimands, publicly censure a judge, or recommend to the Supreme Court that the judge be removed from office. TERM 53 Distinguish between civil rights and civil liberties. DEFINITION 53 1. Civil liberties are issues involving protecting the freedoms of individuals and they arise out of the bill of rights. Civil Rights are questions revolving around equal treatment of individuals. (14th amendments- equal protection of the laws clause) TERM 54 Where are civil liberties described in the U.S. Constitution? DEFINITION 54 Bill of Rights TERM 55 What did the Supreme Court say about the Bill of Rights in Barron v. Baltimore (1833)? DEFINITION 55 Court ruled that the national Bill of Rights limited only the actions of the U.S. government and not those of the states. TERM 56 Define selective incorporation of the Bill of Rights. DEFINITION 56 1. Became possible once the 14th amendment was ratified (due process clause- the court has ruled that rights defined in the bill of rights apply to the states through the due process clause) case-by-case basis over a long period of time to get the bill of rights to apply to states. TERM 57 What clause in the 14th amendment has been used to apply parts of the Bill of Rights to the states DEFINITION 57 Due process clause TERM 58 Establishment clause DEFINITION 58 According to first amendment, Congress cannot establish laws dictating an official national religion TERM 59 Free exercise clause- DEFINITION 59 a. government shall not interfere with the free exercise of religion TERM 60 What the test set forth by the Supreme Court in Lemon v. Kurtzman regarding religious activities authorized by a state? DEFINITION 60 is there a secular purpose? it neither advances nor inhibits religion? does not foster excessive government entanglement with religion? TERM 71 Which amendments in the Bill of Rights deal with rights of accused criminals? DEFINITION 71 4th- searches and seizures and warrants, 5th- no double jeopardy, avoid self incrimination, 6th- right to counsel, 8th- no excessive bail or cruel and unusual punishment. TERM 72 What are the things that the Fourth Amendment says must be specified in a search warrant? DEFINITION 72 specific- regard the place to be searched, and the persons or things to be seized. TERM 73 In what circumstances might a search without a warrant be legal? DEFINITION 73 1. Those dealing with incidents to an arrest- limited search in the place where the person was arrested for weapons or clearly visible evidence to protect health and safety of police officers TERM 74 Define the exclusionary rule and explain its significance. DEFINITION 74 1. Evidence not properly attained can be excluded from use in court. TERM 75 double jeopardy DEFINITION 75 Cannot be tried for the same crime twice. (5th amendment) doesnt prevent trials from both state and federal suits, or both civil and criminal suits. TERM 76 What are the things included in the Miranda warning that a police officer must give to a suspect who is being arrested? DEFINITION 76 remain silent, right to speak to an attorney, and to have an attorney present during any questioning, if you cannot afford a lawyer, one will be provided for you at the government's expense. TERM 77 What important part of the Bill of Rights was applied to the states in Gideon v. Wainwright? DEFINITION 77 right to counsel in a trial was extended to state courts by incorporation into the due process clause of the 14th amendment. TERM 78 What was the impact of Furman v. Georgia in 1972? DEFINITION 78 capital punishment laws of Texas and Georgia were unconstitutional because they were too vague. States re- enacted their death penalty statutes to meet Supreme Court objections TERM 79 What is the constitutional basis for the right to privacy upheld by the Supreme Court? DEFINITION 79 The right to privacy is implied by the 14th amendment of the constitution as ruled by the supreme court even though its not specifically stated TERM 80 62. Explain the courts ruling in Roe v. Wade. DEFINITION 80 1. Right to abortion- as the pregnancy advances in time and liability the government has more power to regulate the use of abortion. TERM 81 Carhart v. Gonzales (2007)- importance of court membership as a factor influencing court decisions? DEFINITION 81 it had previously upheld federal laws regarding Partial Birth Abortion Ban Act of 2003, it didn't overturn Roe v. Wade, it was the first time the court has upheld a complete ban on an abortion procedure. The court had previously overturned several state laws banning partial birth abortion, but the composition of the court changed, TERM 82 What period in the Supreme Courts history showed a lot of activity in applying the Bill of Rights to the states? DEFINITION 82 1960s under the Warren Court which handed down the Miranda decision. TERM 83 Which current Supreme Court justices were appointed by President Obama? DEFINITION 83 Kagan and Sotomayor TERM 84 Patriot Act- Roving wiretaps DEFINITION 84 broad provision permitting blanket warrants to wiretap any communication devices a person may have. TERM 85 delayed notice of search warrants in the Patriot Act DEFINITION 85 a. they may search someones house without telling them. TERM 96 De Jure Segregation DEFINITION 96 segregation by law. Ex: south after the civil war and reconstruction- Jim Crow laws TERM 97 Identify Jim Crow laws. DEFINITION 97 1. Broad set of laws to limit the rights of freed slaves. segregation of white only TERM 98 What was the significance of Plessy v. Ferguson (1896)? DEFINITION 98 set the precedent for Jim Crow laws (separate, but equal) after losing their argument against the first Jim Crow law in 1887 in Florida regarding interstate transportation of segregating railcars. TERM 99 What is the significance of the Civil Rights Act of 1964? DEFINITION 99 it enforced the 14th amendment protection of equal rights, fighting against segregation and discrimination. Created the Equal Employment Opportunity Commission, gave equal rights to women as well. TERM 100 What did the Supreme Court decide in Brown v. Board of Education in 1954? DEFINITION 100 Overturned Plessy v. Ferguson stating that separate schools are inherently unequal. TERM 101 Elementary and Secondary Education Act in 1965 speed up the pace of school desegregation? DEFINITION 101 Accelerated desegregation by providing money to schools if they establish a desegregation plan TERM 102 What did the Supreme Court decide about the use of busing as a tool of school desegregation? DEFINITION 102 authorized the use of busing as a tool desegregation in 1971- (Swann v. Charlote-Mecklenberg County School) TERM 103 Equal opportunity DEFINITION 103 government should base people on their merit, not race etc. TERM 104 Affirmative action DEFINITION 104 try to take deliberate steps to increase minority participation because of past discrimination TERM 105 How was affirmative action initiated as a federal policy? DEFINITION 105 in 1966 LBJ enacted an affirmation action in Executive Order 11246 TERM 106 Bakke case DEFINITION 106 one of the earliest reverse discrimination cases. Quotas should not be used in affirmative action case TERM 107 Gratz v. Bollinger DEFINITION 107 prohibited minority increases in points of minority scores in admissions tests. TERM 108 What did the Civil Rights Act of 1991 say about the use of quotas in affirmative action programs? DEFINITION 108 Prohibit the use of quotas in affirmative action plans TERM 109 When and how were women guaranteed the right to vote in the U.S.? DEFINITION 109 19th amendment in 1920 TERM 110 What was the Equal Rights Amendment and what happened to it? DEFINITION 110 A constitutional amendment imposed by congress trying to outlaw gender discrimination and it failed in ratification