Chapter 12 Key Terms

Question 1

affirm

Answer 1

To declare that a court ruling is valid and must stand.

Question 2

appellate court

Answer 2

A court having jurisdiction to review cases and issues that were originally tried in lower courts.

Question 3

case law

Answer 3

Judicial interpretations of common law principles and doctrines, as well as the interpretations of constitutional law, statutory law, and administrative law.

Question 4

diversity of citizenship

Answer 4

The condition that exists when the parties to a lawsuit are from different states or when the suit involves a U.S. citizen and a government or citizen of a foreign country. Diversity of citizenship can provide a basis for federal jurisiction.

Question 5

concurring opinion

Answer 5

A separate opinon prepared by a judge who supports the decision of the majority of the court but for different reasons.

Question 6

dissenting opinion

Answer 6

A separate opinion in which a judge dissents from (disagrees with) the conclusion reached by the majority of the court and expounds his or her own views about the case.

Question 7

jurisdiction

Answer 7

The authority of a court to decide certain cases. Not all courts have the authority to decide all cases. Where a case arises and what its subject matter is are two jurisdictional issues.

Question 8

justiciable controversy

Answer 8

A controversy that is real and substantial, as opposed to hypothetical or academic.

Question 9

limited jurisdiction

Answer 9

Exists when a court’s authority to hear cases is restricted to certain types of claims, such as tax xlaims or bankruptcy petitions.

Question 10

judicial activism

Answer 10

A doctrine holding that the federal judiciary should take an active role by using its powers to check the activites of governmental bodies when those bodies exceed their authority.

Question 11

judicial implementation

Answer 11

The way in which court decisons are translated into action.

Question 12

judicial restraint

Answer 12

A doctrine holding that courts should defer to the decisions made by the elected representatives of the people in the legislative and executive branches.

Question 13

rule of four

Answer 13

A United States Supreme Court procedure by which four jestices must vote to grant a petition for review if a case is to come before the full court.

Question 14

stare decisis

Answer 14

To stand on decided cases; the judicial policy of ofllowing precedents established by past decisions.

Question 15

trial court

Answer 15

The court in which most cases begin.

Question 16

writ of certiorari

Answer 16

An order issued by a higher court to a lower court to send up the record of a case for review.

Question 17

majority opinion

Answer 17

A court opinion reflecting the viws of the majority of the judges.

Question 18

common law

Answer 18

Judge-made law that originated in England from decision shaped accoriding to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation.

Question 19

political question

Answer 19

An issue that a court believes should be decided by the executive or legislative branch, or both.

Question 20

remand

Answer 20

To send a case back to the court that originally heard it.

Question 21

reverse

Answer 21

To annul or make void a court ruling on account of some error or irregularity.

Question 22

senatorial courtesy

Answer 22

In federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in her or his state.

Question 23

unanimous opinion

Answer 23

A court opinion or determination on which all judges agree.