baron's

Question 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.

Answer 1

Judicial review

Question 2

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

Answer 2

Adversary system

Question 3

A law that defines crimes against the public order.

Answer 3

Criminal law

Question 4

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

Answer 4

Civil law

Question 5

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

Answer 5

Justiciable dispute

Question 6

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

Answer 6

defendent

Question 7

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.

Answer 7

Plea bargain

Question 8

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

Answer 8

Public defender system

Question 9

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

Answer 9

Original jurisdiction

Question 10

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

Answer 10

Appellate jurisdiction

Question 11

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

Answer 11

Court of appeals

Question 12

A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.

Answer 12

precedent

Question 13

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

Answer 13

Writ of habeas corpus

Question 14

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

Answer 14

Senatorial courtesy

Question 15

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

Answer 15

Judicial restraint

Question 16

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

Answer 16

Judicial activism

Question 17

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.

Answer 17

Stare decisis

Question 18

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

Answer 18

Writ of certiorari

Question 19

The list of potential cases that reach the Supreme Court.

Answer 19

Docket

Question 20

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.

Answer 20

Amicus curiae brief

Question 21

An explanation of the decision of the Supreme Court or any other appellate court.

Answer 21

Opinion of the court

Question 22

An opinion disagreeing with a majority in a Supreme Court ruling.

Answer 22

Dissenting opinion

Question 23

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

Answer 23

Concurring opinion

Question 24

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president.

Answer 24

President pro tempore

Question 25

A permanent committee established in a legislature, usually focusing on a policy area.

Answer 25

Standing committee

Question 26

A congressional committee created for a specific purpose, sometimes to conduct an investigation.

Answer 26

Special or select committee

Question 27

A committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations.

Answer 27

Joint committee

Question 28

Special spending projects that are set aside on behalf of individual members of Congress for their constituents.

Answer 28

Earmarks

Question 29

Those citizens who follow public affairs closely.

Answer 29

Attentive public

Question 30

Petition that, if signed by majority of the House of Representatives’ members, will pry a bill from committee and bring it to the floor for consideration.

Answer 30

Discharge petition

Question 31

A provision attached to a bill – to which it may or may not be related – in order to secure its passage or defeat.

Answer 31

Rider

Question 32

A formal agreement between a U.S. president and the leaders of other nations that acquires approval by both houses of Congress.

Answer 32

Congressional-executive agreement

Question 33

The constitutional requirement (in Article II, Section 3) that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws.

Answer 33

Take care clause

Question 34

The tendency of presidents to lose support over time.

Answer 34

Cycle of decreasing influence

Question 35

A rising public approval of the president that follows a crisis as Americans “rally ’round the flag” and the chief executive.

Answer 35

Rally point