Chapter 10

Question 1

federal question

Answer 1

a legal issue that concerns a federal law, federal treaty, or federal Constitution

Question 2

The Supremacy Clause

Answer 2

“This Constitution, and the Laws of the United States…and all Treaties…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the constitution of Laws of any State to the contrary, notwithstanding”

Question 3

burden of proof

Answer 3

the obligation to prove one’s assertion

criminal case: requires establishing guilt beyond a reasonable doubt

civil: preponderance of evidence

Question 4

preponderance of evidence

Answer 4

the winning side is the one with the majority of evidence in its favor

Question 5

question of law

Answer 5

alleges that an error(s) in procedure or law occurred at the trial

for example, evidence that should have been excluded that was allowed or a juror was biased and should not have been permitted to serve

Question 6

bench trial

Answer 6

when a person declines a jry trial, the judge acts as both judge and jury

Question 7

plaintiff

Answer 7

the person bringing the case

Question 8

defendant

Answer 8

the person being sued

Question 9

habeas corpus

Answer 9

claiming that a violation of a federal constitutional right took place

legal procedure that allows a prisoner to challenge their detention and request that a court order their release. The term comes from Latin and literally means “you should have the body

Question 10

full faith and credit

Answer 10

a decision issued in one state will be respected by all other states

Question 11

jurisdiction

Answer 11

a court has the authority to decide a case

Question 12

subject matter jurisdiction

Answer 12

as appropriate for federal courts: federal questions of issues arising under federal laws, treaties, and Constitution

Question 13

admiralty and maritime law

Answer 13

disputes involving navigation and shipping on navigable waters

Question 14

party jurisdiction

Answer 14

the Constitution delineates certain parties as suitable to bring cases to federal court:
1. the U.S. government
2. one of the states
3. citizens of different states (diversity cases)
4. foreign ambassadors and counsels

Question 15

justiciable

Answer 15

a dispute is a matter appropriate for a court to resolve

in other words, courts should not be botherred with problems where a judicial decision is not necessary

Question 16

case or controversy

Answer 16

the dispute must involve parties with a genuine conflict.
Federal courts will not answer hypothetical questions

Question 17

finality

Answer 17

a federal court’s decision must be final

Question 18

Standing

Answer 18

the plaintiff must suffer personal damage to a right protected under federal law or the U.S. Constitution

Question 19

legislative courts

Answer 19

Article I
are typically assigned certain non-judicial duties, such as administrative roles, and the judges do not have a lifetime appointment

Question 20

original jurisdiction

Answer 20

a case goes directly to hte Supreme Court, and the justices serve as the trial court

Question 21

concurrent jurisdiction

Answer 21

denotes that a particular type of case can be heard by more than one court

Question 22

sovereign immunity

Answer 22

the concept that a government cannot be sued without its consent

Question 23

master

Answer 23

in original jurisdiciton, a retired federal judge appointed to examine the evidence and recommend an outcome to the justices

Question 24

writ of appeal

Answer 24

when federal law gives the automatic right to have a certain type of case reviewed by the Supreme Court

while a writ of appeal is an appeal to a higher court

Question 25

writ of certification

Answer 25

when a lower federral court requests instructions on a point of law never before decided

Question 26

writ of certiorari

Answer 26

when a writ of appeal is not available A writ of certiorari is a request to the Supreme Court to review a lower court's decision

Question 27

dissenting opinion

Answer 27

a written disagreement with the majority opinion in a legal case.

Question 28

concurring opinions

Answer 28

a written opinion that agrees with the majority opinion of a court, but provides different reasoning.

Question 29

judgement

Answer 29

the decision that the Supreme Court issues

Question 30

precedent

Answer 30

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances requires judges to follow the ruling of a higher court in their jurisdiction when dealing with a case that presents similar facts

Question 31

stare decisis

Answer 31

created to ensure that people are treated the same in applying legal standards

Question 32

remands

Answer 32

sends the case back, to the highest court in the state to enforce its ruling

Question 33

judicial review

Answer 33

the power of the courts to review and invalidate actions by the government. In the United States, it's a fundamental principle of government.

Question 34

judicial activists

Answer 34

judges who make decisions based on their own policy preferences rather than the law. they consider the proper role of courts to include "filling in the holes" left by the Constitution's vague language. they believe that it is the duty of judges to minimize potential social disruption caused by the lack of clear policy guidelines, such as the integration of public schools

Question 35

judicial restraint

Answer 35

contend that judges should decide cases on the basis of precedent and overturn laws only when a conflict with the Constitution is unmistakeable this approach is best accomplished when judges try to remain within the original intent or meaning of the framers and avoid making policy

Question 36

statutory interpretations

Answer 36

where the federal courts attempt to understand the meaning of a law