Chapter 13: The Courts

Question 1

Literally a “friend of the court” and used for a brief filed by someone who is interested in but not party to a case

Answer 1

Amicus curiae

Question 2

A court that reviews cases already decided by a lower or trial court and that may change the lower court’s decision

Answer 2

Appellate court

Question 3

The power of a court to hear a case on appeal from a lower court and possibly change the lower court’s decision

Answer 3

Appellate jurisdiction

Question 4

A member of the Supreme Court who is not the chief justice

Answer 4

Associate justice

Question 5

A written legal argument presented to a court by one of the parties in a case

Answer 5

Brief

Question 6

The highest-ranking justice on the Supreme Court

Answer 6

Chief justice

Question 7

The appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals

Answer 7

Circuit courts

Question 8

A non-criminal law defining private rights and remedies

Answer 8

Civil law

Question 9

The pattern of law developed by judges through case decisions largely based on precedent

Answer 9

Common law

Question 10

An opinion written by a justice who agrees with the Court’s majority opinion but has different reasons for doing so

Answer 10

Concurring opinion

Question 11

Closed meeting of the justices to discuss cases on the docket and take an initial vote

Answer 11

Conference

Question 12

The appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts

Answer 12

Courts of appeals

Question 13

A law that prohibits actions that could harm or endanger others, and establishes punishment for those actions

Answer 13

Criminal law

Question 14

An opinion written by a justice who disagrees with the majority opinion of the Court

Answer 14

Dissenting opinion

Question 15

The trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard

Answer 15

District courts

Question 16

The list of cases pending on a court’s calendar

Answer 16

Docket

Question 17

The division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts

Answer 17

Dual court system

Question 18

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

Answer 18

Judicial activism

Question 19

A judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government

Answer 19

Judicial restraint

Question 20

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

Answer 20

Judicial review

Question 21

An opinion of the Court with which more than half the nine justices agree

Answer 21

Majority opinion

Question 22

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

Answer 22

Marbury v. Madison

Question 23

Words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail

Answer 23

Oral argument

Question 24

The power of a court to hear a case for the first time

Answer 24

Original jurisdiction

Question 25

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

Answer 25

Precedent

Question 26

A Supreme Court custom in which a case will be heard when four justices decide to do so

Answer 26

Rule of Four

Question 27

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

Answer 27

Senatorial courtesy

Question 28

The lawyer who represents the federal government and argues some cases before the Supreme Court

Answer 28

Solicitor general

Question 29

The principle by which courts rely on past decisions and their precedents when making decisions in new cases

Answer 29

Stare decisis

Question 30

The level of court in which a case starts or is first tried

Answer 30

Trial court

Question 31

An order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert.

Answer 31

Writ of certiorari

Question 32

# CC Courts do which of the following?

Answer 32

Settle disputes, interpret the law, create expectations for future actions

Question 33

# CC The federal court system is hierarchical.

Answer 33

True

Question 34

# CC _________ is the ability to look at laws passed by Congress, state legislatures, and executive actions.

Answer 34

Judicial review

Question 35

# CC Appellate courts do not do which of the following

Answer 35

Hear new facts on a case

Question 36

# CC The ________ is the name of the person accused of committing a crime.

Answer 36

Defendant

Question 37

# CC There are _____ US district courts, with approximate ____ judges.

Answer 37

94, 640

Question 38

# CC Almost all ________ start in state courts.

Answer 38

Criminal cases

Question 39

# CC Which of the followings types of cases do the federal courts have original jurisdiction?

Answer 39

Cases involving the Constitution

Question 40

# CC ________ means that in order to bring a case, the parties must have a substantial stake in the outcome.

Answer 40

Standing

Question 41

# 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.

Answer 41

False

Question 42

# CC What is the name of a formal request that SCOTUS hear your case?

Answer 42

Writ of certiorari

Question 43

# CC The Supreme Court hears around ____ cases per year.

Answer 43

80

Question 44

# CC A(s) _____ contains difference legal, economic, or historical arguments.

Answer 44

Amicus curiae

Question 45

# CC A single majority opinion is issued when

Answer 45

Justices have a very strong unified opinion on the case.

Question 46

# CC ___________ is the power to review the decisions made by lower courts of law.

Answer 46

Appellate jurisdiction

Question 47

# CC Both state and federal appellate courts engage in some level of judicial review.

Answer 47

True

Question 48

# CC Judicial review involves which of the following

Answer 48

Examining the validity of laws

Question 49

# CC The Supreme Court can review ___________, including _________.

Answer 49

Presidential actions, executive privilege

Question 50

# CC Marbury v Madison helped to establish which of the following

Answer 50

Judicial review

Question 51

# CC What is judicial activism?

Answer 51

The idea that the Court should act as a instrument of policy

Question 52

# CC _________ asserts that new laws should be interpreted as the Constitution would.

Answer 52

Originalism

Question 53

# CC Judges are never influenced by their political ideology.

Answer 53

False

Question 54

# CC Precedent can constrain the decisions that Judges are able to make.

Answer 54

True

Question 55

# CC What percentage of Latino Spanish speakers said they had been criticized for speaking Spanish in public?

Answer 55

23

Question 56

# 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.

Answer 56

True

Question 57

# 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.

Answer 57

True

Question 58

# A&D What percentage of Hispanics say discrimination based on race or skin color is a very big problem in the U.S.?

Answer 58

48