Tuesday, May 31, 2011

Reading questions chapter 16

1. There are different courts that are in our court system and there is not just one. You start off by going to a district court thane if your case can't be settled you go on and on until you get to the supreme court and you have a decision.
2.Writ of certiorari- a writ which a superior court demands a lower court to give records for a particular case. The supreme court is likely to do this when it is needed and when the justices are all in agreement.
3. Judicial review is how the supreme court can declare a law unconstitutional.
5. The warren, burger, and rehnquist courts all have liberal views and gave a view of less government inter ferment.
6.Court of appeals- a court to which appeals are taken in a federal circuit or state.Blue slips- two different legislative procedures in congress. Senatorial courtesy is when the president consults the senator before nominating anyone in that state.
7. The rules say that not everyone can do it and some people can do it more than others.
8. A class action suit is when a large group of people sue another large group.
9. Solicitor general is the person who represents the US in cases brought against them. Briefs- a summary of the decision of a court.
10. The cout has judicial review and more power because of the power to make decisions
11. For that judges have to much power and against they need to do more than just make decisions.
12. We have them because we need courts that are active and not conservative like the rest of them.
13. The judiciary has to check with the legislative branch before they do some things and they have to check with the executive branch before they do some things.

Monday, May 30, 2011

Reading Review The Judiciary Vocab

1. Judicial review- the power of the supreme court to declare laws unconstitutional.
2. Strict constructionist- conservation among the judiciary, limiting their interpretation.
3.Judicial activist- when a justice takes charge of his work.
4.Federalist No.78 Brutus essays- written to explicate and justify the structure of the judiciary under the proposed constitution.
5. Marbury v. Madison- declared judicial review constitutional.
6. John Marshall- chief justice of supreme court whose opinions helped lay basis for American constitutional law.
7. McCulloch v. Maryland- created the necessary and proper clause.
8. Gibbons v. Ogden- power to regulate commerce was given to congress by the commerce clause.
9. Dred Scott v. Stanford- declared slaves were not citizens and they did not have rights.
10. Roger B. Taney- gave the majority opinion in Dred Scott v. Stanford.
11. Court packing- plan to add more justices to the supreme court.
12. Constitutional court- a high court that deals mostly with constitutional law.
13. District court- the general trial courts of the U.S. federal court system.
14. Court of appeals- a court to which appeals are taken in a federal circuit or state.
15. Legislative courts- court created by congress under article one.
16. Senatorial courtesy- president consults the senior U.S. senator of his political party of a given state before nominating any person to a federal vacancy in that state.
17. Blue slips- two different legislative procedures in congress.
18. Litmus test- a question asked to a person running for a high office and it determines if the interview goes on.
19. Gang of 14- described the bipartisan group of senators who avoided the deployment of a so called nuclear option.
20. William Rehnquist- served as a associate justice in the supreme court and a supreme court justice.
21. Robert Bork- served as solicitor general, attorney general, and a judge for the district court of appeals.
22. Atonin Scalia- associate justice of the supreme court.
23. Clarence Thomas- an associate justice of the supreme court.
24. David Souter- served as an associate justice on the supreme court.
25. Ruth Bader Ginsburg- she was an associate justice for the supreme court.
26. Warren court- refers to the supreme court when Earl Warren was the chief justice.
27. Burger court- gave a variety of controversial decisions on abortion, capital punishment, religious establishment, and desegregation.
28. Rehnquist court- what the supreme court was referred to when william rehnquist was chief justice.
29. Dual court system- when a country has two court systems usually federal and state.
30. Federal question cases- one of the bases for the exercise of federal district court jurisdiction over a controversy.
31. Civil law- the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
32. Criminal law- a system of law concerned with those who commit crimes.
33. Dual sovereignty- says that one or more sovereign may prosecute an individual without violating double jeopardy.
34. Writ of certiorari- a writ which a superior court demands a lower court to give records for a particular case.
35. In forma pauperis- when a judge lets someone who wants to file a suit have counsel for free if they can not afford it.
36. Fee shifting- the losing party of a lawsuit pays attorney fees for the winning party.
37. Plaintiff- a person who brings a case against another in a court of law.
38. Defendant- an individual, company, or institution sued or accused in a court of law.
39. Standing- the legal right to initiate a lawsuit.
40. Class action suit- when a large group of people brings a claim to the court.
41. Law clerks- an assistant to an experienced attorney.
42. Briefs- a summary of the decision of a court.
43. Amicus curiae- an adviser to the court on some matter of law who is not a party to the case.
44. Solicitor general- an officer of the U.S. judicial department who represents the federal government before cases in the supreme court.
45. per curiam opinion- a ruling issued by an appellate court of multiple judges.
46. Opinion of the court- a statement that is prepared by a judge or court announcing the ruling on the case.
47. Concurring opinion- an opinion that agrees with the court's deposition of the case but is written to express a particular judge's reasoning.
48. Dissenting opinion- an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to it's judgment.
49. Stare decisis- judges are expected to respect the precedents established by prior decisions.
50. Political question- a statement by a federal court declining to rule in a case.
51. Remedy- the matter of how a right is enforced or satisfied by a court.
52. Court order- a direction issued by a court or judge requiring a person to do or not to do something.
53. Appellate jurisdiction- power of a court to review decisions and change outcomes on decisions of lower courts.
54. Concurrent jurisdiction- two or more courts from different systems simultaneously have jurisdiction over the same case.
55. Exclusive jurisdiction- one court has the power to adjudicate a case to the exclusion of all the other courts.
56. Original jurisdiction- the right to hear a case for the first time.