ch 13

Question 1

The U.S. Supreme Court ruled that a state’s interests in regulating abortion to protect the life af a fetus can only override a woman’s fundamental right to privacy when the fetus becomes viable

Answer 1

Roe v. Wade

Question 2

a legal dispute dealing with an alleged violation of the penal code

Answer 2

criminal law

Question 3

the government must prove the defendant’s guilt “beyond a reasonable doubt”

Answer 3

criminal case

Question 4

cases are legal disputes concerning a private conflict between two or more parties - individuals, corporations, or government agencies

Answer 4

civil law

Question 5

required to prove the case “by a preponderance of the evidence.” (to be found guilty)

Answer 5

plaintiff

Question 6

who adopted the Judiciary Act of 1789

Answer 6

the first congress

Question 7

provides that the Constitution is the supreme law of the land

Answer 7

Supremacy clause

Question 8

uses supremacy clause to declare acts of the states unconstitutional

Answer 8

Supreme Courts

Question 9

the power of the courts to examine the actions of the government and to determine whether they are consistent with the constitution (allows to strike down other 2 branches)

Answer 9

Judicial Review

Question 10

94 district courts are organized into how many regional circuits?

Answer 10

12 (11 circuits + D.C. Circuit)

Question 11

when a judge decides a case, it is said to be what?

Answer 11

adjudicated

Question 12

how many justices are there?

Answer 12

9 (since 1869)

Question 13

a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee’s state, especially from the senior senator of the president’s party from that state.

Answer 13

Senatorial Courtesy

Question 14

the court decides about how many cases in a year?

Answer 14

100, though it receives about 9,000 request for review

Question 15

the law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court.

Answer 15

Solicitor General

Question 16

Court has specific rules that govern which cases within their jurisdiction they will and will not hear

Answer 16

Rules of Access

Question 17

what are the 3 different rules of access criteria

Answer 17

controversy, standing, and mootness

Question 18

parties must show that they have a substantial stake in the outcome of the case

Answer 18

standing

Question 19

a criterion used by the courts to screen cases that no longer require resolution

Answer 19

Mootness

Question 20

The case before the court must be an actual controversy, not a hypothetical one, with two truly adversarial parties

Answer 20

controversy

Question 21

a decision of at least four of the nine Supreme Court Justices to review a decision of a lower court (Rule of Four)

Answer 21

Writ of Certiorari

Question 22

this writ gives state prisoners a second channel toward Supreme Court Review in case their direct appeal from the highest state court fails.

Answer 22

Writ of Habeas Corpus

Question 23

the case that says you have the right to a lawyer.

Answer 23

Gideon v Wainwright

Question 24

occur when justices agree with the majority decision, but offer a somewhat different rationale to support it

Answer 24

Concurring opinions

Question 25

a decision written by a justice in a particular case in which the justice wishes to express his/her reasoning in the case

Answer 25

Dissenting opinion

Question 26

advocates minimalist roles for judges, and the latter

Answer 26

judicial restraint

Question 27

feels that judges should use the law to promote justice, equality, and personal liberty

Answer 27

Judicial Activism

Question 28

prior judicial decisions serve as a rule for settling subsequent cases of a similar nature

Answer 28

Precedent

Question 29

a federal statute enacted by the First Congress that established the federal judiciary of the United States

Answer 29

Judiciary Act of 1789

Question 30

what percent of time does the supreme court exercise original jurisdiction?

Answer 30

2% of the time

Question 31

who was the first chief justice of the supreme court

Answer 31

John Jay

Question 32

case that has to do with judicial review

Answer 32

Marbury vs Madison

Question 33

McCulloh vs Maryland

Answer 33

Supremacy Clause, Article VI

Question 34

what circuit is texas in?

Answer 34

the 5th circuit

Question 35

who oversees all circuits?

Answer 35

supreme court justices

Question 36

let that decision stand (precedent is a good decision)

Answer 36

Stare Decisis

Question 37

a legal principle that prevents an individual from being tried twice for the same crime based on the same conduct (included in the 5th amendment)

Answer 37

double jeopardy

Question 38

they do not have to be a direct participant in the case

Answer 38

Amicus curise brief

Question 39

justices required to decide if a case should be heard

Answer 39

rule of 4