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The judicial system of the U.S. is described as ‘this’ consisting of a
federal court system and a judicial system of state courts
Dual system
The jurisdiction of the federal courts is controlled by the U.S.
Constitution and this.
Statute
This past Supreme Court Chief Justice effectively lobbied Richard
Nixon for his position
Warren Burger
Many of this president’s Federal Court appointments were met with unprecedented delay even though, according to political scientists, his appointees were more moderate than prior Republican or Democratic appointees.
Bill Clinton
The Supreme Court is often called this indicating that it is the ‘final’ interpreter of the Constitution.
Court of last resort
This is the chief law enforcement officer of each judicial district
whose position is a spring board for elective office.
U.S. attorney
Hamilton argued in this essay that the judiciary would be the “least
dangerous branch of government.”
Federalist #78
When does the chief justice assign the writing of opinions?
When in the majority.
The year the United States courts of appeals were established.
1789
In order for a court to hear the first case, usually in a trial, they must
have this.
Original jurisdiction
In this decision, Justice Marshall determined the Court lacked the
power to issue a writ of mandamus because it lacked original
jurisdiction.
Marbury v Madison
Justice John Marshall instituted several innovations including the discontinuance of the practice of
seriatim where justices would deliver this type of opinion.
Individual(Now the Supreme Court issues a ‘single’ opinion which has helped
to establish the Court as more of a co-equal and unified branch)
John Jay, as Chief Justice under President Washington, presided over one major case. What was
this case?
Chisholm v. Georgia
Even though the Constitution mentions the supreme Court it is
silent on this.
It’s size
This describes the basic structure of the federal court system and the state court system which includes
trial, appellate, and the high courts.
Three-tiered
Since 1998 the federal court system has experienced
unprecedented expansion due to crimes involving these two things.
Drugs and firearms(According to former Supreme
Court Justice William Rehnquist)
The saying “what goes around comes around” was used by the
author of your textbook to describe the retaliation for
blocking federal court nominees under this presidential
administration.
Clinton(only eighty of Bush’s 130 nominees were confirmed by the Democratic-
controlled Senate in retaliation for the prior Congress’s refusal to expand the number of federal judges and confirm many appointees to the federal court
under Clinton)
Under Ronald Reagan, George Bush Sr. and Bush Jr. the Supreme court has become much more……
conservative
This dictates that the Chief Justice is responsible for administering the oath of office to the president and
vice president
custom
The federal district courts, circuit courts of appeals and the Supreme
Court are called this.
Constitutional courts(because they are either
established in Article III or the Constitution authorizes Congress
to establish them)
This body of law determines cases regarding the conduct that does not constitute a threat to society
Civil law
The government acts as ‘this’ in all criminal cases.
Plaintiff or Petitioner
Most criminal cases are traditionally tried in these courts.
State courts
Most of the cases heard by the Supreme Court are under this type
of jurisdiction.
appellate
This landmark case led to the decision that the Supreme Court may hear suits
brought by a citizen of one state against another state.
Chisholm v. Georgia
The federal judges of these courts are appointed by the President for
a fixed, limited term.
Legislative courts
The Framers would probably not have provided for ‘this’ had they known the Supreme Court would act as policymaker and subject to
the whims of politics.
Life-time appointments
These kinds of duties in the beginning of the Supreme Court
lessened the prestige of the Court and involved 10,000 miles of travel
for Supreme Court Justices
Circuit court duties
These are at the bottom of the court system
Trial courts
These courts are set up by Congress under its implied powers
for special purposes and are known as Article I courts.
Legislative courts
(U.S. Territorial Courts, U.S. Court of Veterans Appeals
This Supreme Court Justice had a family member orchestrate a letter writing campaign in 1993 to lobby
for the position.
Ruth Bader Ginsberg
President Eisenhower was disappointed with this appointee
of his to the Supreme Court because of his liberal position on
criminal defendant rights.
Earl Warren
This first chief justice of the Supreme Court was also one of the
authors of The Federalist Papers
John Jay
This approach to interpreting the Constitution puts the emphasis on
the Framers’ original intent.
Strict constructionist
To gain support of women, President Reagan appointed this
Supreme Court justice when Justice Potter Stewart announced
his retirement from the bench.
Sandra Day O’Connor
Although religion typically is not a reliable sign of a justice’s political ideology, President Clinton was
revered for his appointment of this Jewish justice.
Ruth Bader Ginsbert
President Dwight Eisenhower started the practice of using this organization to rate prospective nominees to the Supreme Court.
ABA (American Bar Association)
Justices are rated either ‘Well Qualified, Qualified, or Not
Qualified
President George Bush ended this practice
After the FBI and the ABA have conducted their research, a
nominee to the Supreme Court is chosen. This committee is then
responsible for conducting its own investigation.
Senate Judiciary Committee
(The committee reviews judicial opinions written, judicial philosophy, speeches, as well as interviews given to the press. Potential witnesses are
also contacted for testimony concerning the nominee’s fitness for
office)
The nomination of this former U.S. solicitor general and Yale Law
School professor in 1987 produced an unprecedented amount of
lobbying from both sides of the political spectrum
Robert Bork
(This nomination was met with fierce opposition from traditional liberals because of his firing of the Watergate special prosecutor at
the request of Richard M. Nixon.)
This Hispanic American’s nomination to the U.S. Court of
Appeals for the District of Columbia was held up by the
Senate Judiciary Committee due to the lobbying of liberal interest
groups who opposed his position on abortion, criminal defendants’
rights and affirmative action.
Miguel Estrada
This was the first Jewish justice to the Supreme Court
Louis Brandeis
Unlike congressional hearings and floor debate on bills, Supreme
Court proceedings continue to be conducted in…..
private
Disputes between two states are settled by the Supreme Court
under this authority only about two to three times per year.
Original jurisdiction
This is the term for a retired judge or an expert on a matter at hand that can hear a case of original
jurisdiction in a district court on behalf of the Supreme Court.
Special Master
Under this act, appeals to the Supreme Court must involve a
case that presents an important issue of law, or “a substantial
federal question.”
Judiciary Act of 1925
This is meant to have the final word for almost all federal litigants
Intermediate Courts of Appeal
(this frees up the Supreme Court to concentrate on constitutional
issues)
Petitions filed this way provide indigent or poor persons to appeal
a case to the Supreme Court.
Informa pauperis
About one-third of all Supreme Court filings involve this type of
issue
Criminal Law
In order for a case to be heard before the Supreme Court, this
must be followed.
Rule of Four
Cases that justices deem noteworthy are placed on this by
the chief justice’s clerks.
“discuss list”
(all others are dead listed)(only 30% make it to the “discuss
list”)
Justice Harry Blackmun revealed that these individuals who often
write court opinions have too much power.
Clerks
“Friend of the Court”
Amicus curiae
Fourth ranking member of the Department of Justice who handles
appeals on behalf of the U.S. government
Solicitor General
This is written when a justice agrees with the outcome of a case but with a different legal rationale.
Concurring opinion
An unsigned opinion
Per curiam opinion
When there is no solid majority opinion because there is at least
one concurring opinion, this becomes the controlling opinion
Plurality opinion
This term is defined as a reliance on past decisions or precedents to formulate decisions in new cases
Stare decisis
(“let the decision stand”)
A document containing the legal written arguments in a case filed with a court by a party prior to a
hearing or trial
brief
U.S. Supreme Court decisions are binding throughout the nation and
establish this.
A precedent
The second most important court in the nation
The D.C. Circuit Court of Appeals
This significantly improves the chances of a case asking for
certiorari of being accepted by the Court
Amicus brief
Restraintists refer to this as a classic example of judicial activism.
Roe v. Wade
Activists point to this landmark decision as an example of the importance of judicial activism
Brown v. Board of Education (1954)