Card Set Information
Part 1, Study Guide-Test 2
attorneys are expected to provide zelous representation and advocacy to protect their side's interest.
The idea that there are 2 court systems; state & federal, which share jurisdiction for the law is reffered to as a(n)
dual court system
A court with authority to hear a case in the first instance, is said to have
6. In the U.S.A. intermediate appellate courts are primarily responsible for
reviewing the decision of lower court judges
7.A concurring opinion refers to an opinion of a judge who
agrees with the decision of the majority but wishes to give an alternative explination for their decision
8. Appelate courts differ from trial courts in that
-cases are gen. heard by judges rather than a jury
-cases gen. revolve around alleged errors in investigation or errors in trial process rather than finding of the fact.
-they gen. only review cases in writing rather than testimony of witnesses
-decisions reflected in written majority rather than final veridict.
9. when supreme court agrees to hear a case, it issues a(n)___ to take jurisdiction over the case from the lower court
writ of centiorari
1st woman to sit on us supreme court was
Sandra day o'connor
12. power of judicial review id specifically articulated in which article of constitution
no where in constitution
13. Which topic is not a part of article III in the constitution
14. The protection vs. cruel and unusual punishment is afforded in the
15.m Power of judicial review was established by U.S. Supreme court decision in the case of
Marbury v. Madison
17. Legal order which a court deirects a gov't offical to take specific course of action as required by law is gen. known as
writ of mandamus
19. The process by which congress may remove a sitting judge, president, or high officials is known as
21. The Supreme courts controversial decision in Kelo v. city of new london
permitted gov't to use emminent domain to turn homeowners to turn property over to developers to advance local ecconomic progress.
22. in 1937, pres. Franklin Roosevelt famously tried to change the composoition of the U.S. Supreme Court to make it more amenable to his proposals in his
court packing plan
24. A process by which members of the U.S. senaste may block voting or delay voting on proposed legislation or on the confirmation of presidential appointments is known as
25. Senatorial Courtesy refers to the practice of
Allowing the Senators of the pPresident's party to Veto nominees for their home's state district courts
26. How many votes does it currently take to end a filibuster in the U.S. Senate?
27.Which of the following is NOT a a method of Judicial selection used by American States?
28.The narrow interpretation of the Constitution, based only on the meaning of the Writers isknownas
29.Which of the following is an example of a judge made law?
The rights of habeous corpus
30. Judges need to interpret Constitutions and statuies because
the law is frequently ambiguous and in need of interpretation
31.Followers of original intent doctrine are sometimes referred to as proponets of
32. The attitudinal model of judicial decision making argues
that judges look to individual values to make decisions
34. as a model of judicial decision making, new institutioonalism argues that
judicial decisons can only be understood in the larger political context
35.The __ model of judicial decision making emphasizes understanding courts as intitutions and seeing the roles of courts within the larger politcal context
36. Thecourt pathway is often attractive to small interest groups bcuz
it is possible to succeed with few resources
37. Becaouse it is possible to succeed with few resouces, the court pathway is often most attractive to
small interest groups
38. Volunteer work done by attourneys, usually for cases they believe in, is reffered to by the latin phrase
39. Which of the foillowing is not gen. a concideration, when interest groups develop their stategy for cases.
Ensuring there is a good supply of additional cases
8. In a jury trial the judge is the final arbiter of fact
14. The U.S. Supreme court has original jurisdiction on a ver small amount of cases.
15. The U. S. Supreme court has appelate jurisdiction over
any other case decided by any other courtroom in the country
21. All 9 justices on the Supreme Court must agree to hear a case before the case is transfered to the US Su[preme court
31. As the framers anticipated, the courts have little influence over the development of public policy in the US
32. Case precedent is important becasue it provides redictability and stability in the US legal system
35. At the federal level judges are appointed to the bench for life on good behavior
The US Supreme court is an example of a court with both appellate and original jurisdiction
52. The innab ility of the courts to enforce their decisions makes the courts meaningless in the struggle for civil rights and the protection of civil liberties
The Supreme Court's decision in Korematsu v. Us. demonstrates the court's willingness to stand up to the other branches of gov't in order to guarantee individual liberty.
Case precedent reffers to the idea that judges to should base current decisions using case history and previous decisions as a guide.