4.4

Question 1

Judicial Review

Answer 1

The power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.

Question 2

Adversary System

Answer 2

A judicial system in which the court of law is a neutral arena where two parties argue their differences.

Question 3

Justiciable dispute

Answer 3

A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods.

Question 4

Class action suit

Answer 4

lawsuits in which a small number of people sue on behalf of all people in similar circumstances

Question 5

Defendant

Answer 5

In a criminal action, the person or party accused of an offense.

Question 6

Plea bargain

Answer 6

Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

Question 7

Public defender system

Answer 7

Arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.

Question 8

Political question

Answer 8

A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress.

Question 9

Writ of habeas corpus

Answer 9

A court order requiring explanation to a judge why a prisoner is being held in custody.

Question 10

Original jurisdiction

Answer 10

: The authority of a court to hear a case “in the first instance.”

Question 11

Appellate jurisdiction

Answer 11

The authority of a court to review decisions made by lower courts.

Question 12

Grand jury

Answer 12

a jury of 12-23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trail. If the jury believes was committed, it issues an indictment.

Question 13

Petit jury

Answer 13

A jury of 6 to 12 persons who determine guilt or innocence in a civil or criminal action.

Question 14

Magistrate judge

Answer 14

officials who hear cases against accused persons and decide whether those cases should be brought before a grand jury

Question 15

Court of appeals

Answer 15

A court with appellate jurisdiction that hears appeals from the decisions of lower courts.

Question 16

Senatorial courtesy

Answer 16

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

Question 17

Judicial self-restraint

Answer 17

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

Question 18

Judicial activism

Answer 18

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

Question 19

Stare decisis

Answer 19

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.

Question 20

Writ of certioriari

Answer 20

A formal writ used to bring a case before the Supreme Court.

Question 21

Amicus curiae brief

Answer 21

Literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

Question 22

Opinion of the court

Answer 22

An explanation of the decision of the supreme court or any other appellate court

Question 23

Dissenting opinion

Answer 23

An opinion disagreeing with a majority in a Supreme Court ruling

Question 24

Concurring opinion

Answer 24

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.