All flashcards
Flashcard 1: What role does the Chief Justice play in impeachment trials?
Answer: Presides over Senate impeachment trials. Ensures impartial leadership during presidential impeachment proceedings.
Flashcard 2: What is judicial restraint?
Answer: Courts should not decide issues unless necessary. Philosophy favoring limited judicial intervention in policy matters.
Flashcard 3: What is judicial activism?
Answer: Courts should play an active role in policy making. Philosophy supporting broad judicial interpretation to address social issues.
Flashcard 4: Identify the court case that established 'one person, one vote'.
Answer: Reynolds v. Sims (1964). Required equal representation in legislative districts based on population.
Flashcard 5: What is the purpose of life tenure for federal judges?
Answer: To ensure independence from political pressures. Protects judicial decision-making from political influence and electoral pressure.
Flashcard 6: Which case established the exclusionary rule?
Answer: Mapp v. Ohio (1961). Applied Fourth Amendment protections to state criminal prosecutions.
Flashcard 7: What is an amicus curiae brief?
Answer: A 'friend of the court' brief to influence a decision. Allows interested parties to provide legal arguments in pending cases.
Flashcard 8: Which amendment guarantees due process?
Answer: The Fourteenth Amendment. Protects against arbitrary government action in legal proceedings.
Flashcard 9: Identify the case that legalized same-sex marriage.
Answer: Obergefell v. Hodges (2015). Established marriage equality as a fundamental constitutional right.
Flashcard 10: Which document establishes the judicial branch?
Answer: The U.S. Constitution. Article III specifically creates the federal court system.
Flashcard 11: Which amendment provides for equal protection under the law?
Answer: The Fourteenth Amendment. Requires states to treat all citizens equally under the law.
Flashcard 12: What is the purpose of a grand jury?
Answer: To determine if there is enough evidence to indict. Screens cases to determine if formal charges should be filed.
Flashcard 13: Who has the power to impeach a federal judge?
Answer: The House of Representatives. Constitutional power to remove federal judges for misconduct.
Flashcard 14: What is judicial review?
Answer: The power to declare laws unconstitutional. This power checks legislative and executive branches through constitutional interpretation.
Flashcard 15: Identify the highest court in the United States.
Answer: The Supreme Court. It has final appellate jurisdiction over all federal and state courts.
Flashcard 16: How many justices are on the U.S. Supreme Court?
Answer: Nine justices. Set by Congress in 1869, this number has remained constant since then.
Flashcard 17: Which branch of government can nominate Supreme Court justices?
Answer: The Executive Branch. The President nominates all federal judges and Supreme Court justices.
Flashcard 18: What role does the Senate play in judicial appointments?
Answer: Confirms judicial nominees. Senate advice and consent is required for all federal judicial appointments.
Flashcard 19: What is the 'Rule of Four' in the Supreme Court?
Answer: Four justices must agree to grant a writ of certiorari. Minimum threshold needed to hear a case on discretionary appeal.
Flashcard 20: What is the purpose of a writ of certiorari?
Answer: To review a lower court's decision. The Court uses discretionary jurisdiction to choose which cases to hear.
Flashcard 21: What is original jurisdiction?
Answer: The court's power to hear a case first. Limited to specific cases like disputes between states.
Flashcard 22: What is appellate jurisdiction?
Answer: The power to review and revise lower court decisions. Most Supreme Court cases come through appellate review of lower courts.
Flashcard 23: What is a dissenting opinion?
Answer: An opinion disagreeing with the majority. Provides alternative legal reasoning and may influence future decisions.
Flashcard 24: What is a concurring opinion?
Answer: Agrees with the majority but for different reasons. Supports the outcome but offers different legal reasoning or emphasis.
Flashcard 25: Which case established the right to an attorney?
Answer: Gideon v. Wainwright (1963). Applied Sixth Amendment right to counsel to state criminal proceedings.
Flashcard 26: How can Congress influence the judiciary?
Answer: Through confirmation and impeachment powers. Senate confirms appointments and can impeach federal judges.
Flashcard 27: What is a precedent?
Answer: A previous court decision that influences future cases. Forms the basis of common law system and legal consistency.
Flashcard 28: Which principle requires courts to follow precedents?
Answer: Stare decisis. Latin for 'let the decision stand' - promotes legal stability.
Flashcard 29: How can a Supreme Court decision be overturned?
Answer: By constitutional amendment or later Court decision. Constitutional amendment requires supermajorities; Court reversal needs new case.
Flashcard 30: What is an amicus curiae brief?
Answer: A 'friend of the court' brief to influence a decision. Allows interested parties to provide legal arguments in pending cases.