Chapter 13: The Federal Courts

Question 1

apellate jurisdiction

Question 2

94 judicial districts

Question 3

US federal court system

Question 4

US state court system

Question 5

criminal law

Answer 5

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

Question 6

plaintiff

Answer 6

the individual or organization that brings a complaint in court

Question 7

defendant

Answer 7

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

Question 8

civil law

Answer 8

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

Question 9

trial court

Answer 9

the first court to hear a criminal/civil case

Question 10

court of appeals

Answer 10

a court that hears appeals of trial court decisions

Question 11

primary function of supreme court

Answer 11

to act as an appellate court

Question 12

plea bargain

Answer 12

a negotiated agreement 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 or prison sentence the defendant is facing

Question 13

jurisdiction

Answer 13

the sphere of a court’s power and authority

Question 14

original jurisdiction

Answer 14

the authority to initially consider a case

Question 15

appellate jurisdiction

Answer 15

the authority to hear appeals from a lower court’s decision

Question 16

due process of law

Answer 16

the right of every individual against arbitrary action by national or state gov’ts

Question 17

chief justice

Answer 17

presides over court’s public sessions
*always first to speak and vote when justices deliberate

Question 18

class-action suit

Answer 18

a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest

Question 19

judicial review

Answer 19

the power of the courts to review actions of the legislative/executive branches and, if necessary, declare them invalid or unconstitutional
*derived from Marbury v. Madison

Question 20

standing

Answer 20

the right of an individual or organization to initiate a court case, on the basis of having a substantial stake in the outcome

Question 21

mootness

Answer 21

a criterion used by courts to screen cases that no longer require resolution

Question 22

writ of certiorari

Answer 22

a court process to seek judicial review of a lower court or gov’t agency
*latin: to make more certain

Question 23

rule of four

Answer 23

a decision of at least four of the nine supreme court justices to review a decision of a lower court

Question 24

solicitor general

Answer 24

the top gov’t lawyer in all cases before the supreme court where the gov’t is a party

Question 25

amicus curiae

Answer 25

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 26

briefs

Answer 26

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

Question 27

oral argument

Answer 27

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

Question 28

shadow docket

Question 29

stare decisis

Answer 29

deciding cases on the rules and principles set forth in previous court ruling
*latin: to let the decision stand

Question 30

law clerks

Question 31

judicial restraint

Answer 31

judicial philosophy whose adherents refuse to go beyond the clear words of the constitution in interpreting the document’s meaning (originalists)

Question 32

judicial activism

Answer 32

judicial philosophy that posits that the court should go beyond the words of the constitution or a statute to consider the broad societal implications of its decisions