Chapter 9

Question 1

“friend of the court”; briefs that may be sent to support the position of one side or another

Answer 1

amicus curiae

Question 2

those cases that cannot be resolved under common law precedent

Answer 2

cases of equity

Question 3

deals with contract issues and tort cases such as negligence and slander and defines the legal rights of individuals

Answer 3

civil laws

Question 4

based on the legal concept of stare decis, or judicial precedent

Answer 4

common law

Question 5

courts that were formed to carry out the direction in the constitution so that the courts would exercise their judicial power

Answer 5

constitutional courts

Question 6

cases that derive from criminal laws passed by the federal and state governments

Answer 6

criminal law

Question 7

decision that established the precedent that the Supreme Court could rule a state law unconstitutional

Answer 7

Fletcher v Peck

Question 8

case established the principle that Congress has sole authority over interstate commerce

Answer 8

Gibbons v Ogden

Question 9

a philosophy of judicial review that results in decisions that overturn precedent

Answer 9

judicial activism

Question 10

a court that maintains the status quo or mirrors what the other branches of government have established as current policy

Answer 10

judicial restraint

Question 11

key Senate committee that is responsible for recommending presidential judicial appointments to the full Senate for approval

Answer 11

judiciary committee

Question 12

John Marshall’s tenure as Chief Justice of the Supreme Court, whose leadership resulted in landmark decisions that shifted power to the judiciary and federal government

Answer 12

Marshall Court

Question 13

case that established the principle that the federal government was supreme over the state

Answer 13

McCulloch v Maryland

Question 14

cases heard by the Supreme Court that do not come on appeal and that “affect ambassadors, other public ministers and consuls, and those in which a State shall be a party”

Answer 14

original jurisdiction

Question 15

includes constitutional law and administrative law

Answer 15

public law

Question 16

courts created by Congress to deal with cases deriving from the delegated powers of Congress such as military appeals, tax appeals, and veteran appeals

Answer 16

special courts

Question 17

Latin for judicial precedent, this concept originated in England in the twelfth century when judges settled disputes based on custom and tradition

Answer 17

stare decisis

Question 18

Latin for “to be made more certain,” the process in which the Supreme Court accepts written briefs on appeal based on the “rule of four” justices voting to hear the case

Answer 18

writ of certiorari