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Barron's Flashcards: 178-196: The Courts

AB
Original JurisdictionCases that go directly to the Supreme Court (those affecting ambassadors, one state vs. another state, cases that involvem public ministers and consuls)
Appellate Jurisdictionpower of the Supreme Court to hear cases that are on appeal from a lower court
Original intentlooks at what the authors of the Constitution meant when they authored a particualr clause or amendment
Rule of Four4 SC Justices vote to hear a case; of the approx 8000 options per year, only 75-80 cases are heard each year
writ of certioriarithe written appeal made by a party for a case to be heard by the US Supreme Court
Oral Arguments30 minutes per side in front of the Justices
Amicus Curiae Brief"friend fo the court." Written to give the justices informatino about outher cases that may be relevant to the case they will be hearing; usually from special interst grups, the government, or a party that wants the government to hear its position about a case
Judicial ConferenceAfter oral arguments the 9 Supremes meet (Chief Justice presides); each Supreme offers their opinino (starting with the most senior); majority opinion writing is assigned
Majority decision of the Court5 or more Justices in agreement
Minority decision of the CourtAKA dissenting decision
Concurring decision of the Courtwritten by a Justice from the majority, who agrees with the decision, but for different reasons
Stare DecisisLatin for "to stand by that which is decided" strongly connected to precedent
John Marshalllongest serving Chief Justice; presided over Marbury v. Madison (established judicial review); McCulloch v. Maryland (supported federal supremacy); Gibbons v. Ogden (defined Congress' role in regulating interstate commerce
Earl Warren Courtan Activist Court, creating new precedent and expanding the rights of the accused (Brown v. Board; Mapp v. Ohio; Gideon v. Wainright; Miranda v. Arizona)
Warren Burger Courtbest known for Roe v. Wade and US v. Nixon. Other notables: NY Times v. US and Bakke v. Regents of the U of CA
William Rehnquist Courta court of judicial restraint; struck down many laws that infringed on state rights; limited the rights fo the accused as well as the rights of students attending public schools. Notables: Planned Parenthood v. Casey; US v. Lopez: Printz v. US; Bush v. Gore
Sandra Day O'Connorappointed by Reagan in 1981; first woman on Court; often the "swing vote" in 5-4 decisions
Judicial Activismoften described as liberal because decisions are broad in interpretation of the Constitution
Judicial Restraintoften described as conservative because decisions are based on a strict interpretation of the Constitution


Oh Captain, My Captain
Centry High School: Home of the Panthers

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