Chapter 10 and 12 Exam

Question 1

A doctrine that a citizen cannot sue the government without its consent. By statute, Congress has given its consent for the government to be sued in many cases involving a dispute over a contract or damage done as a result of negligence

Answer 1

Sovereign immunity

Question 2

A legal concept establishing who is entitled to bring a lawsuit to court. For example, an individual must ordinarily show personal harm in order to acquire standing and be heard in court.

Answer 2

Standing

Question 3

A Latin term meaning “a friend of the court”. Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or make oral arguments in support of one side.

Answer 3

Amicus curiae

Question 4

A case brought into court by a person on behalf of not only himself or herself but all other persons in the country under similar circumstances.

Answer 4

Class-action suit

Question 5

A judicial order preventing or redressing a wrong or enforcing a right

Answer 5

Remedy

Question 6

A Supreme Court opinion by one or more justices in the minority to explain the minority’s disagreement with the Court’s ruling

Answer 6

Dissenting opinion

Question 7

A Supreme Court opinion by one or more justices who agree with the majority’s conclusion, but for different reasons.

Answer 7

Concurring opinion

Question 8

A legal document prepared by an attorney representing a party before a court. The document sets forth the facts of the case, summarizes the law, gives the arguments for its side, and discusses other relevant cases.

Answer 8

Brief

Question 9

A Supreme Court opinion written by one or more justices in the majority to explain the decision in a case.

Answer 9

Opinion of the court

Question 10

A judicial rule that permits the court ruling settling an old case to settle a similar new one

Answer 10

Precedent

Question 11

A Latin term meaning “let the decision stand”. The practice of basing judicial decisions on precedents established in similar cases decided in the past.

Answer 11

Stare decisis

Question 12

The power of the courts to declare acts of legislature and executive to be unconstitutional and hence null and void.

Answer 12

Judicial review

Question 13

The view that judges should decide cases on the basis of the language of the Constitution

Answer 13

Strict constructionist approach

Question 14

The view that judges should discern the general principles underlying the Constitution and assess how to best apply them in contemporary circumstances, in some cases with the guidance of moral or economic philosophy.

Answer 14

Activist approach

Question 15

The lowest federal courts where federal cases begin

Answer 15

District courts

Question 16

The federal courts with the authority to review decisions by federal district courts, regulatory commissions and certain other federal courts

Answer 16

Courts of appeal

Question 17

A tradition that makes it impossible to confirm a presidential nominee for office if a senator files a personal objection

Answer 17

Senatorial courtesy

Question 18

Cases involving citizens of different states over which the federal courts have jurisdiction because at least $75,000 is at stake

Answer 18

Diversity cases

Question 19

Cases concerning the Constitution, federal law or treaties over which the federal courts have jurisdiction as described in the Constitution

Answer 19

Federal-question cases

Question 20

An order issued by a higher court to a lower court to send up the record of a case for review

Answer 20

Writ of certiorari

Question 21

A law or rule that allows the plaintiff to collect its legal costs from the defendant if the defendant loses

Answer 21

Fee shifting

Question 22

A federal court exercising the judicial powers found in Article III of the Constitution and whose judges are given constitutional protection: they may not be fired, nor may their salaries be reduced while they are in office.

Answer 22

Constitutional courts

Question 23

A procedure whereby a poor person can file and be heard in court as a pauper, free of charge

Answer 23

in forma pauperis

Question 24

The view that the federal courts must correct injustices when the other branches of the federal government, or the state’s, refuse to do so

Answer 24

Judicial activism

Question 25

A brief, unsigned opinion issued by the a Supreme Court yo explain its ruling

Answer 25

Per curiae opinion

Question 26

An issue that the Supreme Court refuses to consider because it believes the Constitution has left it entirely to another branch to decide. It’s view of such issues may change over time, however.

Answer 26

Political question

Question 27

A judicial order preventing or redressing a wrong or enforcing a right

Answer 27

Remedy