Chapter 13: The Courts Flashcards
Literally a “friend of the court” and used for a brief filed by someone who is interested in but not party to a case
Amicus curiae
A court that reviews cases already decided by a lower or trial court and that may change the lower court’s decision
Appellate court
The power of a court to hear a case on appeal from a lower court and possibly change the lower court’s decision
Appellate jurisdiction
A member of the Supreme Court who is not the chief justice
Associate justice
A written legal argument presented to a court by one of the parties in a case
Brief
The highest-ranking justice on the Supreme Court
Chief justice
The appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals
Circuit courts
A non-criminal law defining private rights and remedies
Civil law
The pattern of law developed by judges through case decisions largely based on precedent
Common law
An opinion written by a justice who agrees with the Court’s majority opinion but has different reasons for doing so
Concurring opinion
Closed meeting of the justices to discuss cases on the docket and take an initial vote
Conference
The appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts
Courts of appeals
A law that prohibits actions that could harm or endanger others, and establishes punishment for those actions
Criminal law
An opinion written by a justice who disagrees with the majority opinion of the Court
Dissenting opinion
The trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard
District courts
The list of cases pending on a court’s calendar
Docket
The division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts
Dual court system
A judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties
Judicial activism
A judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government
Judicial restraint
The power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional
Judicial review
An opinion of the Court with which more than half the nine justices agree
Majority opinion
The 1803 Supreme Court case that established the courts’ power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional
Marbury v. Madison
Words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail
Oral argument
The power of a court to hear a case for the first time
Original jurisdiction
The principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system
Precedent
A Supreme Court custom in which a case will be heard when four justices decide to do so
Rule of Four
An unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there, particularly for court positions
Senatorial courtesy
The lawyer who represents the federal government and argues some cases before the Supreme Court
Solicitor general
The principle by which courts rely on past decisions and their precedents when making decisions in new cases
Stare decisis
The level of court in which a case starts or is first tried
Trial court
An order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert.
Writ of certiorari
CC
Courts do which of the following?
Settle disputes, interpret the law, create expectations for future actions
CC
The federal court system is hierarchical.
True
CC
_________ is the ability to look at laws passed by Congress, state legislatures, and executive actions.
Judicial review
CC
Appellate courts do not do which of the following
Hear new facts on a case
CC
The ________ is the name of the person accused of committing a crime.
Defendant
CC
There are _____ US district courts, with approximate ____ judges.
94, 640
CC
Almost all ________ start in state courts.
Criminal cases
CC
Which of the followings types of cases do the federal courts have original jurisdiction?
Cases involving the Constitution
CC
________ means that in order to bring a case, the parties must have a substantial stake in the outcome.
Standing
CC
In order to get to SCOTUS, you have to have exhausted your appeals at all of levels of the state and/or federal system.
False
CC
What is the name of a formal request that SCOTUS hear your case?
Writ of certiorari
CC
The Supreme Court hears around ____ cases per year.
80
CC
A(s) _____ contains difference legal, economic, or historical arguments.
Amicus curiae
CC
A single majority opinion is issued when
Justices have a very strong unified opinion on the case.
CC
___________ is the power to review the decisions made by lower courts of law.
Appellate jurisdiction
CC
Both state and federal appellate courts engage in some level of judicial review.
True
CC
Judicial review involves which of the following
Examining the validity of laws
CC
The Supreme Court can review ___________, including _________.
Presidential actions, executive privilege
CC
Marbury v Madison helped to establish which of the following
Judicial review
CC
What is judicial activism?
The idea that the Court should act as a instrument of policy
CC
_________ asserts that new laws should be interpreted as the Constitution would.
Originalism
CC
Judges are never influenced by their political ideology.
False
CC
Precedent can constrain the decisions that Judges are able to make.
True
CC
What percentage of Latino Spanish speakers said they had been criticized for speaking Spanish in public?
23
A&D
Hispanics with darker skin were more likely than those with lighter skin to say they experienced discrimination or were treated unfairly by someone who is not Hispanic.
True
A&D
Hispanics with darker skin were more likely than those with lighter skin to say they experienced discrimination or were treated unfairly by someone who is not Hispanic.
True
A&D
What percentage of Hispanics say discrimination based on race or skin color is a very big problem in the U.S.?
48
