Chapter 12 Part B

amsykes's version from 2015-11-01 21:04

Section 1

Question Answer
Writing that gives judges influence beyond the immediate case.Opinion writing
When judges interpret prior decisions, this is known as ___ ___ or ___-___ ___.Common law or Judge-made law
When a judge interprets legislation, this is known as ___ ___.Strategy law
When judges interpret the constitution this is known as ___ ___.Judicial review
Since 1869, the period of Reconstruction, how many Supreme Court Justices are included at all times. 9; One chief justice and Eight associate justices

Section 2

Question Answer
What two steps does it take for federal judges to be appointed?Appointed by President, Confirmed by the Senate,
Before a President appoints a federal judge, he speaks to the senators of the perspective's home state. Senatorial curtosy
Though it receives about 9,000 cases a year, the Court decided about how many cases annually?100 cases
What is the one stipulation of being heard by a federal court?Case must be ripe; it can't go to any other court

Section 3

Question Answer
What does the Rule of Four mean?Four out of nine must agree to see a given case.
Friends of the court; Do not have to be a direct participant of the case being tried, but do try to get justices to decide in this mannerAmicus curiae brief
Top government lawyer in all cases before the Supreme Court where the government is part. The Solicitor General
True or False: The solicitor general experts have an especially strong influence over screening the cases before the federal government can appeal them to the Supreme Court. True
Recognized as the 10th justice; influences court's agenda setting The Solicitor General

Section 4

Question Answer
In order to have access to the court, cases must meet a specific criteria Controversy, Standing, and Mootness
Parties must show a substacial stake in the outcome of the case Standing
Criterion used by the courts to screen cases that no longer require reduction Mootness
The legal principal of determining points in litigation according to precedent; stand by that decision Stare decis
Follow constitution closely Strict constructionist

Section 5

Question Answer
Decisions handed down by lower courts can reach the Supreme Court in one of two ways Writ of certiorari or Writ of Habeas corpus
A decision of at least 4 of the 9 Supreme Court justices to review a decision of lower court; Rule of Four Writ of Certiorari
Gives state prisoners a second channel toward supreme court review in case their direct appeal from the highest state court fails Writ of Habeas Corpus
Case where a man didn't have legal representation provided; after this case legal council was provided for both capital murder and felony cases Gideon vs Wainright

Section 6

Question Answer
Agree with the majority decision, but offer a somewhat different rational to support it Concurring opinions
Opinion written by a justice expressing their reasoning in the case Dissenting opinion
Known as the "Great Dissenter" Oliver Windal Holmes
Process by which andigents may file a suit with he supreme court free of charge Forma Pauperis "in the manner of pauper
Justices reach a tentative decision after they have met in conference

Section 7

Question Answer
Taken into account when the President chooses federal judges Political ideology
Voting decisions are based on Judicial restrain or Judicial activism
Advocates minimalist roles for judges Judicial restraint
Feels that judges should use the law to promote justice, equality, and personal liberty Judicial activism

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