Ch 8 - The Judicial Branch

Question 0

Constitutional courts

Answer 0

Those which congress has created by its authority under article 3

Question 1

First bill introduced in senate

Answer 1

Judiciary act of 1789

Question 2

Jurisdiction

Answer 2

The right of a court to hear and decide a case

Question 3

3 areas where constitutional courts have jurisdiction

Answer 3

1) the constitution
2) federal laws and treaties
3) admiralty and maritime matters

Question 4

5 parties over whom federal courts have jurisdiction

Answer 4

1) ambassadors and foreign consuls
2) the United States
3) a controversy between two states
4) a controversy between two citizens of different states
5) a controversy between a state or citizen and a foreign government

Question 5

Legislative court

Answer 5

Created by congress to handle appeals from specific cases arising from the powers granted to Congress

Question 6

Chief decision makers of the federal judiciary

Answer 6

Judges

Question 7

Professional interest group that has the most influence on the President

Answer 7

American Bar Association

Question 8

American Bar Association

Answer 8

Established in 1878 as a voluntary association of lawyers, judges, and teachers to foster high standards of jurisprudence

Question 9

Plaintiff

Answer 9

The one filing the lawsuit

Question 10

Defendant

Answer 10

The person named in the suit

Question 11

Civil case

Answer 11

Plaintiff feels he has been wronged by the defendant and is seeking to recover compensation from him (usually financial)

Question 12

Criminal case

Answer 12

Government is plaintiff and brings legal action against defendant because he has wronged society with his behavior

Question 13

Trial

Answer 13

An official examination in a court of law

Question 14

The most active if the federal judiciary courts

Answer 14

The United States District Courts

Question 15

Grand jury

Answer 15

Examines the evidence to determine whether there is sufficient evidence to try a case

Question 16

Indictment

Answer 16

A formal accusation against the accused

Question 17

Acquittal

Answer 17

Sets the accused free immediately because the grand jury has decide there is not enough evidence to try the case

Question 18

Trial/petit jury

Answer 18

Heard the case in court

Question 19

Rules of evidence

Answer 19

Standards governing the admission of evidence into federal court proceedings

Question 20

Evidence

Answer 20

Material presented as proof at a trial

Question 21

Direct evidence

Answer 21

Evidence given by someone who witnessed the crime

Question 22

Circumstantial evidence

Answer 22

Conclusions deduced from facts about a case

Question 23

Demonstrative evidence

Answer 23

Objects that relate to a case

Question 24

Exclusionary rule

Answer 24

Evidence obtained illegally is not admissible in a court of law

Question 25

Appeal

Answer 25

A request that a higher court review the case records and verdict of a lower court

Question 26

Appellate jurisdiction

Answer 26

The right of a court to review the ruling of a lower court

Question 27

Brief

Answer 27

Lawyers written argument

Question 28

Precedents

Answer 28

Past decisions involving similar cases

Question 29

Judicial review

Answer 29

The right of the court to declare a law or action based upon that law unconstitutional

Question 30

Marbury v. Madison

Answer 30

Asserted for the court the right of judicial review

Question 31

Writ of certiorari

Answer 31

A petition that a court hear an appeal of a case

Question 32

Discretionary review

Answer 32

Power to decide whether or not it will hear a case

Question 33

Th Courts most important tool in checking and balancing the other branches

Answer 33

Judicial review

Question 34

Amicus curiae

Answer 34

Briefs written by people who are not parties in a case but still have an interest in the cases outcome

Question 35

Solicitor general

Answer 35

Represents the United States before the Supreme Court

Question 36

Unanimous opinion

Answer 36

Issued when all judges agree on a case

Question 37

Majority opinion

Answer 37

If the court is split

Question 38

Concurring opinion

Answer 38

Justice votes with majority but wants to explain his reasoning

Question 39

Dissenting opinion

Answer 39

Explains reasons for disagreeing with the majority

Question 40

Final stage of supreme courts decision process

Answer 40

Opinion day

Question 41

Judicial restraint

Answer 41

Interpreting and applying the constitution as it is written and as the Framers understood it

Question 42

Judicial activism

Answer 42

The belief that judges should use the constitution to change societal behavior

Question 43

Court that adopted judicial activism

Answer 43

Warren court