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POLS 1120-501 American National Government > Chapter 13: The Courts > Flashcards

Chapter 13: The Courts Flashcards

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1
Q

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

A

Amicus curiae

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2
Q

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

A

Appellate court

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3
Q

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

A

Appellate jurisdiction

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4
Q

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

A

Associate justice

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5
Q

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

A

Brief

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6
Q

The highest-ranking justice on the Supreme Court

A

Chief justice

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7
Q

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

A

Circuit courts

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8
Q

A non-criminal law defining private rights and remedies

A

Civil law

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9
Q

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

A

Common law

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10
Q

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

A

Concurring opinion

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11
Q

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

A

Conference

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12
Q

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

A

Courts of appeals

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13
Q

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

A

Criminal law

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14
Q

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

A

Dissenting opinion

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15
Q

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

A

District courts

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16
Q

The list of cases pending on a court’s calendar

A

Docket

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17
Q

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

A

Dual court system

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18
Q

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

A

Judicial activism

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19
Q

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

A

Judicial restraint

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20
Q

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

A

Judicial review

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21
Q

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

A

Majority opinion

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22
Q

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

A

Marbury v. Madison

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23
Q

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

A

Oral argument

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24
Q

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

A

Original jurisdiction

25
Q

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

A

Precedent

26
Q

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

A

Rule of Four

27
Q

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

A

Senatorial courtesy

28
Q

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

A

Solicitor general

29
Q

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

A

Stare decisis

30
Q

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

A

Trial court

31
Q

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

A

Writ of certiorari

32
Q

CC

Courts do which of the following?

A

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

33
Q

CC

The federal court system is hierarchical.

A

True

34
Q

CC

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

A

Judicial review

35
Q

CC

Appellate courts do not do which of the following

A

Hear new facts on a case

36
Q

CC

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

A

Defendant

37
Q

CC

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

A

94, 640

38
Q

CC

Almost all ________ start in state courts.

A

Criminal cases

39
Q

CC

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

A

Cases involving the Constitution

40
Q

CC

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

A

Standing

41
Q

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.

A

False

42
Q

CC

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

A

Writ of certiorari

43
Q

CC

The Supreme Court hears around ____ cases per year.

A

80

44
Q

CC

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

A

Amicus curiae

45
Q

CC

A single majority opinion is issued when

A

Justices have a very strong unified opinion on the case.

46
Q

CC

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

A

Appellate jurisdiction

47
Q

CC

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

A

True

48
Q

CC

Judicial review involves which of the following

A

Examining the validity of laws

49
Q

CC

The Supreme Court can review ___________, including _________.

A

Presidential actions, executive privilege

50
Q

CC

Marbury v Madison helped to establish which of the following

A

Judicial review

51
Q

CC

What is judicial activism?

A

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

52
Q

CC

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

A

Originalism

53
Q

CC

Judges are never influenced by their political ideology.

A

False

54
Q

CC

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

A

True

55
Q

CC

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

A

23

56
Q

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.

A

True

57
Q

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.

A

True

58
Q

A&D

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

A

48

POLS 1120-501 American National Government (14 decks)

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