Chapter 12 - The Federal Courts

Question 1

amicus curiae

Answer 1

literally, “friend of the court”; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs

Question 2

briefs

Answer 2

written documents in which attorneys explain, using case precedents, why the court should find in favor of their client

Question 3

chief justice

Answer 3

justice on the Supreme Court who presides over the Court’s public sessions

Question 4

civil law

Answer 4

the branch of law that deals with disputes that do not involve criminal penalties

Question 5

court of appeals

Answer 5

a court that hears appeals of trial court decisions

Question 6

criminal law

Answer 6

the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts

Question 7

defendant

Answer 7

the one against whom a complaint is brought in a criminal or civil case

Question 8

dissenting opinion

Answer 8

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

Question 9

due process of law

Answer 9

the right of every citizen against arbitrary action by national or state governments

Question 10

judicial activism

Answer 10

judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions

Question 11

judicial restraint

Answer 11

judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting its meaning

Question 12

judicial review

Answer 12

the power of the courts to review and if necessary declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison (1803)

Question 13

jurisdiction

Answer 13

the sphere of a court’s power and authority

Question 14

opinion

Answer 14

the written explanation of the Supreme Court’s decision in a particular case

Question 15

oral argument

Answer 15

stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices

Question 16

original jurisdiction

Answer 16

the authority to initially consider a case. Distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court’s decision

Question 17

per curiam

Answer 17

a brief, unsigned decision by an appellate court, usually rejecting a petition to review the decision of a lower court

Question 18

plantiff

Answer 18

the individual or organization that brings a complaint or charges in court

Question 19

plea bargains

Answer 19

negotiated agreements in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge the defendant is facing

Question 20

precedent

Answer 20

prior case whose principles are used by judges as the basis for their decision in present cases

Question 21

senatorial courtesy

Answer 21

the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate’s own state support the nomination

Question 22

solicitor general

Answer 22

the top government lawyer in all cases before the Supreme Court where the government is a party

Question 23

stare decisis

Answer 23

literally, “let the decision stand.” The doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled

Question 24

supremacy clause

Answer 24

clause in Article VI of the Constitution that states that laws passed by the national government and all treaties shall be the supreme law of the land and superior to all laws adopted by any state or any subdivision

Question 25

supreme court

Answer 25

the highest court in a particular state or in the United States. This court primarily serves an appellate function

Question 26

trial court

Answer 26

the first court to hear a criminal or civil case

Question 27

writ of certiorari

Answer 27

a decision of at least four of the nine Supreme Court justices to review a decision of a lower court; from the Latin “to make more certain”