Chapter 10 The Judiciary

Question 1

judicial review

Answer 1

Power of the courts to review acts of other branches of government and the states.

Question 2

Judiciary Act of 1789

Answer 2

Legislative act that established the basic three-tiered structure of the federal court system.

Question 3

Marbury v. Madison

Answer 3

Case in which the Supreme Court first asserted the power of judicial review by finding that the congressional statute extending the Court’s original jurisdiction was unconstitutional.

Question 4

trial court

Answer 4

Court of original jurisdiction where cases begin.

Question 5

appellate court

Answer 5

Court that generally reviews only findings of law made by lower courts.

Question 6

jurisdiction

Answer 6

Authority vested in a particular court to hear and decide the issues in a particular case.

Question 7

original jurisdiction

Answer 7

The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.

Question 8

appellate jurisdiction

Answer 8

The power vested in particular courts to review and/or revise the decision of a lower court.

Question 9

criminal law

Answer 9

Codes of behavior related to the protection of property and individual safety.

Question 10

civil law

Answer 10

Codes of behavior related to the conduct and relationships between individuals or groups.

Question 11

constitutional courts

Answer 11

Federal courts specifically created by the US Constitution or by Congress pursuant to its authority in Article III.

Question 12

legislative courts

Answer 12

Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.

Question 13

brief

Answer 13

A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.

Question 14

precedent

Answer 14

A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.

Question 15

stare decisis

Answer 15

In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.

Question 16

senatorial courtesy

Answer 16

Process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs.

Question 17

writ of certiorari

Answer 17

A request for the Supreme Court to order up the records from a lower court to review the case.

Question 18

Rule of four

Answer 18

At least four justices of the Supreme Court must vote to consider a case before it can be heard.

Question 19

solicitor general

Answer 19

The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the US government to the Supreme Court.

Question 20

amicus curiae

Answer 20

“Friend of the court”; amici may file briefs or even appear to argue their interests orally before the court.

Question 21

judicial implementation

Answer 21

How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.