unit 5

Question 1

marbury v madison

Answer 1

1803- established judicial review

Question 2

stare decisis

Answer 2

judges obligated to follow the precedent set for similar cases

Question 3

primary sources of american government

Answer 3

constituional law- law based off constitution
statutory law- law enacted by legislatures
administrative law- law announced by admin. agencies
case law- law announced in court decisions

Question 4

jurisdiction

Answer 4

the authority of a court to hear and decide a particular case

Question 5

article II

Answer 5

gives the courts the power of original and appellate jurisdiction

original: power to hear a case for the first time in a trial court
appellate: when a court reviews a past case and past information

Question 6

concurring opinion

Answer 6

in U.S. Supreme court: a statement written by a justice/judge who agrees with the courts decisions but for different reasons that those in the majority opinion

Question 7

dissenting opinion

Answer 7

a statement written by a justice/judge who disagrees with the majoritys opinion in a decision

Question 8

writ of certiorari

Answer 8

an order from a higher court asking a lower for the record of a case

Question 9

rule of four

Answer 9

the court will not issue a writ unless at least four of the nine justices approve

Question 10

senatorial courtesy

Answer 10

a practice that allows a senator of the presidents party to veto the presidents nominee to a federal court judgeship within the senators state

Question 11

judicial review

Answer 11

can rule executive actions unconstitutional, can rule legislation unconstitutional

Question 12

strict constructionist

Answer 12

sticks to what the constitution says

Question 13

broad constructionist

Answer 13

open to change, because times are changing

Question 14

original intent

Answer 14

looks to the intentions of the founders of our nation

Question 15

modernism

Answer 15

seek to examine the constituion in the context of todays society and to consider how modern life affects the words in the document

Question 16

when a case can been seen in a federal court

Answer 16

• federal question

- diversity of citizenship- between two different states

Question 17

3 tiers of the federal court system low-high

Answer 17

• district
• pellot
• supreme

Question 18

how many court of appeals

Answer 18

13

Question 19

how are federal judges appointed and how long do they serve

Answer 19

by the president and for life