Chapter 10 Study Guide

Question 1

Appellate Courts

Answer 1

Court that takes appeals cases

Question 2

Jurisdiction

Answer 2

Responsibility of a court to hear a case and decide the decision

Question 3

Appellate Jurisdiction

Answer 3

Hearing cases on appeals when someone was tried for something that violated one of your other civil rights

Question 4

Civil Law

Answer 4

Contract law; disagreement between two parties

Question 5

Brief

Answer 5

Written statement with evidence and reasoning for your side

Question 6

Stare Decisis

Answer 6

Let the decision stand; used in common law cases; won’t take case because the decision is already made

Question 7

Strict Constructionist (Original Intent)

Answer 7

Interpreting the constitution for how it is when it was written; restricts judicial interpretation

Question 8

Writ of Certiorari

Answer 8

To be made certain; parties issue this when they petition to have their cases heard in court

Question 9

Solicitor General

Answer 9

Represents the US Supreme Court and decides which cases the federal government will hear

Question 10

Judicial Activism

Answer 10

Philosophy that believes courts should take an active role in shaping public policy and solving current issues

Question 11

Judicial Implementation

Answer 11

Rely on other branches to enforce the legislation regarding their cases

Question 12

Dissenting Opinion

Answer 12

Side that loses in a case

Question 13

Injunction

Answer 13

Stops you from doing something resulting from a civil case ruling

Question 14

Writ of Habeas Corpus

Answer 14

Can’t throw people in jail without reasonable cause

Question 15

Liberal Construction

Answer 15

Allow for extensive judicial activism; loose interpretation of constitution

Question 16

Diversity of Citizenship Cases

Answer 16

When the two parties involved are from different states or countries

Question 17

In forma pauperis

Answer 17

In the form of a pauper; fines lifted because someone doesn’t have enough money to pay back the civil court

Question 18

Marbury vs. Madison

Answer 18

Solidify judicial review, establish supremacy clause

Question 19

Trial Courts

Answer 19

Deals with both civil and criminal cases; any court that hears a trial

Question 20

Original Jurisdiction

Answer 20

Court that will hear your case first at the district court level; power to hear a case for the first time

Question 21

Criminal Law

Answer 21

Protect against violations of criminal codes and dangers in society

Question 22

Class Action Lawsuit

Answer 22

Smaller group of people sue a larger company for something that affected a larger group of people

Question 23

Precedents

Answer 23

Decision from one case could influence or reverse the decisions from a future case

Question 24

Senatorial Courtesy

Answer 24

Refer to the states to ask who should take a position in court

Question 25

Amicus Curiae Briefs

Answer 25

Friend of the court; submitting additional information outside of already submitted briefs to sway the court one way or another

Question 26

Rule of Four

Answer 26

At least four federal judges to her a case

Question 27

Oral Arguments

Answer 27

Lasts for thirty minutes; each party argues their side to the jury

Question 28

Judicial Restraint

Answer 28

Philosophy saying that the courts should allow other branches of government to solve current political issues

Question 29

Majority Opinion

Answer 29

More than half of federal judges vote in favor of one side

Question 30

Concurring Opinion

Answer 30

Judges agree with one side but for different reasons

Question 31

Remand

Answer 31

Send a cause back down to a lower court

Question 32

Writ of Mandamus

Answer 32

Result of criminal law making you do something in response to a crime

Question 33

Political Questions

Answer 33

Courts won’t hear a case because issue is too divisive in society and other branches of government

Question 34

Attorney General

Answer 34

Serves as head of Justice Department

Question 35

Judicial Review

Answer 35

Cements the courts authority to interpret the law through cases