Chapter 16 Judiciary

Question 1

judicial restraint approach

Answer 1

the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution

Question 2

activist approach

Answer 2

the view that judges should discern the general principles underlying laws of the const. & apply them to modern circumstances

Question 3

constitutional court

Answer 3

a federal court authorized by article 3 that keeps judges in office during good behavior and prevents their salaries from being reduced. they are the supreme, appelate & district courts created by Congress

Question 4

district courts

Answer 4

the lowest federal courts; federal trials can be held only here

Question 5

courts of appeal

Answer 5

federal courts that hear appeals from district courts; no trials

Question 6

legislative courts

Answer 6

courts created by congress for specialized purposes whose judges do not enjoy protections of article 3

Question 7

litmus test

Answer 7

an examination of the political idology of a nominated judge

Question 8

federal-question cases

Answer 8

cases concerning the constitution, federal laws or treaties

Question 9

diversity cases

Answer 9

cases involving citizens of different states who can bring suit in federal courts

Question 10

writ of certiorari

Answer 10

an order by a higher court directing a lower court to send up a case for review

Question 11

in forma pauperis

Answer 11

a menthod whereby a poor person can have his case heard in federal court without charge

Question 12

fee shifting

Answer 12

a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins

Question 13

plantiff

Answer 13

the party that initiates a lawsuit

Question 14

standing

Answer 14

a legal rule stating who is authorized to start a lawsuit

Question 15

class-action suit

Answer 15

a case brought by someone to help him or her and all others who are similarly situated

Question 16

brief

Answer 16

a written statement by an attorney that summarizes a case and the laws and ruling that support it

Question 17

amicus curiae

Answer 17

a brief submitted by a “friend of the court”

Question 18

per curiam opinion

Answer 18

a brief, unsigned court opinion

Question 19

opinion of the court

Answer 19

a signed opinion of a majority of the Supreme Court

Question 20

concurring opinion

Answer 20

a signed opinion in which one or more members agree with the majority view but for different reasons

Question 21

dissenting opinion

Answer 21

a signed opinion in which one or more justices disagree with the majority view

Question 22

stare decisis

Answer 22

“let the decision stand” or allowing prior rulings to control the current case

Question 23

political question

Answer 23

an issue the supreme court will allow the executive and legislative branches decide

Question 24

remedy

Answer 24

a judicial order enforcing a right or redressing a wrong

Question 25

Judiciary Act of 1789

Answer 25

established the federal court system by dividing the country into federal judicial districts, creating district courts & courts of appeal(circuit courts), 3 tear system. 6 JUSTICES

Question 26

Judiciary Act of 1869

Answer 26

set number of justices at 9, relieved circuit riding burden, created new circuit judgeships

Question 27

Judiciary Act of 1891

Answer 27

no more circuit riding, "created" court of appeals, greatly reduced SCOTUS workload

Question 28

Judiciary Act of 1925

Answer 28

gave SCOTUS discretion when granting "cert", "rule of 4":all it takes is 4/9 to hear a case

Question 29

precedent

Answer 29

a ruling that sets guidelines for future similar cases

Question 30

original jurisdiction

Answer 30

first time a case is heard, establishes facts of case/determines innocence or guilt

Question 31

appellate jurisdiction

Answer 31

higher court that reviews trial court decisions, does NOT retry case, only determines it

Question 32

State Supreme Court

Answer 32

deal with state laws; 3 levels: trial, appellate, state supreme(final appeal). cases may be appealed to the SCOTUS if a federal or constitutional issue is involved

Question 33

Federal court

Answer 33

has original jurisdiction over federal issues; 3 levels: trial, appellate & supreme

Question 34

district court

Answer 34

94 across the country (CA has 4); original jurisdicition over federal cases; territory courts also have original jurisdiction over local cases

Question 35

senatorial courtesy

Answer 35

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. (distict level)

Question 36

appellate jurisdiction

Answer 36

The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.

Question 37

majority opinion

Answer 37

a statement that presents the views of the majority of Supreme Court justices regarding a case. "winning" decision, sets precedent

Question 38

solicitor general

Answer 38

4th ranking justice dept.official. "tenth justice" supervises & conducts govt litigation in the SCOTUS, determines the legal position that the US will take in the SCOTUS. files amicus curiae briefs in cases in which the fed govt has a significant interest, determines which cases the govt will appeal

Question 39

judicial activism

Answer 39

the tendency of judges to interpret the Const according to their only views, actively involved in strong belief in judicial review

Question 40

judicial restraint

Answer 40

legislative and exectuive branches set policy and only get involved if that policy is a flagrant violation of the const.

Question 41

writ of Mandamus

Answer 41

written order from a court to a governmant official , demading the performance of some public duty

Question 42

writ of Injunction

Answer 42

court orders that forbid a particular action

Question 43

writ of habeus corpus

Answer 43

a court order that requires police to bring a prisoner to court to explain why they are holding the person

Question 44

trial court

Answer 44

the first court to hear a criminal or civil case

Question 45

civil law

Answer 45

A law that governs relationships between individuals and defines their legal rights.

Question 46

criminal law

Answer 46

the body of law dealing with crimes and their punishment

Question 47

bloc voting

Answer 47

A pattern of voting behavior of two or more justices. liberal bloc & cons. bloc..no longer reflects makeup of framers

Question 48

swing vote

Answer 48

a vote that decides the result of an election - kennedy now

Question 49

Superior Court

Answer 49

The principal trial court of the state; a court of unlimited monetary and subject matter jurisdiction, and an appeal court for decisions of municipal courts and small claims courts.

Question 50

De novo

Answer 50

anew; from the beginning; the case is tried in the appellate court as if it had not been tried previously and witnesses are allowed to testify

Question 51

judicial review

Answer 51

the power of courts to declare laws unconstitutional