Chapter 14

Question 1

activist approach

Answer 1

An approach to judicial review holding that judges should discover the general principles underlying the Constitution and apply them to cases.

Question 2

amicus curiae

Answer 2

A Latin term meaning “friend of the court,” referring to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.

Question 3

brief

Answer 3

A legal document submitted by lawyers to courts, setting forth the facts of a case, lower court decisions, the lawyer’s argument, and the influence of other cases.

Question 4

civil law

Answer 4

Rules defining relationships among private citizens.

Question 5

class action suit

Answer 5

A case brought into court by a person on behalf of not only himself or herself but all other persons in similar circumstances.

Question 6

concurring opinion

Answer 6

An opinion by one or more justices who agree with the majority’s conclusion but for different reasons, that they wish to express.

Question 7

constitutional court

Answer 7

Lower federal courts created by Congress which exercise the judicial powers laid out in Article III of the Constitution.

Question 8

courts of appeals

Answer 8

The federal courts that have the authority to review decisions by federal district courts, regulatory commissions, and certain other federal courts. Can only hear appeals.

Question 9

criminal law

Answer 9

A body of rules defining offenses that are considered to be offenses against society as a whole.

Question 10

dissenting opinion

Answer 10

The opinion of the justices on the losing side.

Question 11

district courts

Answer 11

The lowest federal courts where federal cases begin. Only court where trials are held.

Question 12

diversity cases

Answer 12

Jurisdiction conferred by the Constitution on federal courts to hear cases involving citizens of different states.

Question 13

dual sovereignty

Answer 13

A doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each under its own law.

Question 14

federal question cases

Answer 14

Constitutional jurisdiction conferred to federal courts to hear all cases “arising under the Constitution, the laws of the United States, and treaties.”

Question 15

fee shifting

Answer 15

A practice that enables plaintiffs to collect their costs from a defendant if the defendant loses.

Question 16

in forma pauperis

Answer 16

A petition filed with the U.S. Supreme Court by an indigent person.

Question 17

judicial review

Answer 17

The right of federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be unconstitutional.

Question 18

legislative court

Answer 18

A lower federal court created by Congress for specialized purposes, with fixed terms of office, and changeable salaries.

Question 19

litmus test

Answer 19

A test of ideological purity used by recent presidents and senators in selecting and confirming judges to nominate to federal courts.

Question 20

Marbury v. Madison

Answer 20

A decision of the Supreme Court in 1803 which established the principle of judicial review.

Question 21

McCulloch v. Maryland

Answer 21

A Supreme Court decision which established the authority of Congress to exercise powers implied by the Constitution, granted by the “necessary and proper” clause. Also decided the federal government was immune to state taxation.

Question 22

opinion of the Court

Answer 22

An opinion by the Supreme Court that reflects the majority’s view.

Question 23

per curiam opinion

Answer 23

A brief and unsigned opinion by the Supreme Court.

Question 24

plaintiff

Answer 24

The party that initiates a civil lawsuit.

Question 25

political question

Answer 25

An issue that the Court refuses to consider because it believes that it is not their decision.

Question 26

remedy

Answer 26

A judicial order setting forth what must be done to correct a situation a judge believes to be wrong.

Question 27

Section 1983 case

Answer 27

A provision in the U.S. Code which allows a citizen to sue state and local government officials who have deprived the citizen of some constitutional right or withheld some benefit.

Question 28

senatorial courtesy

Answer 28

The tradition by which the Senate will not confirm a district court judge if the senator who is from that state and of the president’s party objects.

Question 29

solicitor general

Answer 29

The third-ranking officer in the Justice Department, who approves every Supreme Court case and decides what cases the federal government will appeal from lower courts.

Question 30

sovereign immunity

Answer 30

A legal concept that forbids a person from suing the government without its consent.

Question 31

standing

Answer 31

A legal concept that refers to who is entitled to bring a case. There must be an actual controversy between real adversaries, the person bringing suit must prove they have been wronged, Merely being a taxpayer does not entitle a person to challenge the constitutionality of a governmental action.

Question 32

stare decisis

Answer 32

An informal rule of judicial decision making in which judges try to follow precedent in deciding cases. That is, a court case today should be settled in accordance with prior decisions on similar cases.

Question 33

strict constructionist approach

Answer 33

An approach to judicial review holding that judges should confine themselves to applying only rules directly stated or clearly implied by the Constitution.

Question 34

Supreme Court of the United States

Answer 34

The highest court in the federal judiciary, composed of 9 justices, with appellate jurisdiction over lower courts.

Question 35

writ of certiorari

Answer 35

An order issued by the Supreme Court granting a hearing to an appeal, requiring 4 justice votes to be issued.