Chapter 14-courts

Question 1

According to Alexis de Tocqueville, why do Americans rely on courts?

Answer 1

To resolve political questions

Question 2

What are the sources of American law?

Answer 2

Federal and state constitutions, 
Statues passed by legislative bodies, 
Administrative law (from president), 
Case law (from court cases)

Question 3

Common law

Answer 3

The body of judge-made law

Question 4

Precedent

Answer 4

A court ruling bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases.

Question 5

Stare decisis

Answer 5

To stand on decided cases; the judicial policy of following precedents established by past decisions.

Question 6

What is most American law based on?

Answer 6

The English legal system

Question 7

Case law

Answer 7

The rules and principles announced in court decisions

Question 8

The U.S. has a dual court system. What 2 courts are there?

Answer 8

State courts and federal courts

Question 9

Jurisdiction

Answer 9

The authority of a court to hear and decide certain cases.

Question 10

Federal question

Answer 10

Arises when a case is based on the U. S. Constitution

Question 11

Diversity of citizenship

Answer 11

When the people in a lawsuit are from different states, or more rarely when one person is a U. S. citizen and the other is someone of a foreign country

Question 12

Basic judicial requirements

Answer 12

Jurisdiction and standing to sue

Question 13

Litigate

Answer 13

Bring to trial

Question 14

Amicus curiae brief

Answer 14

“Amicus curiae” means “friend of the court.” A legal document filed by someone who is not involved in the litigation but has an interest in the outcome.

Question 15

Class-action suit

Answer 15

A lawsuit filed by an individual seeking damages for “all persons similarly situated.”

Question 16

When do federal courts have jurisdiction?

Answer 16

When there is a federal question in the case.

Question 17

Standing to sue is…

Answer 17

Determined by whether a person or group has sufficient stake in the matter to justify a suit.

Question 18

Courts of limited jurisdiction

Answer 18

Courts that can only hear certain types of cases, like tax courts and bankruptcy courts.

Question 19

Trial courts

Answer 19

Courts with general jurisdiction, meaning they can hear a wide array of cases. U. S. District courts are trial courts.

Question 20

Appellate courts

Answer 20

The courts people go to if they are unsatisfied with the decision or jurisdiction of a district court.

Question 21

How many federal district courts does each state have?

Answer 21

At least 1 federal district court.

Question 22

When can the Supreme Court review a state supreme court decision?

Answer 22

If a federal question is involved