Chapter 14- Subrem Court

Question 1

Jurisdiction

Answer 1

The authority of a court of law to hear and decide a case

Question 2

Advisory opinions

Answer 2

Opinions which the Supreme Court can not give on any question or hypothetical question posed by the president. These questions are instead answered by the Attorney General

Question 3

Case or controversy principle

Answer 3

The principle that the federal courts issue rulings and opinions only as they are necessary to resolve real cases or controversies between adverse parties

Question 4

Standing

Answer 4

One may not invoke the jurisdiction of a federal court without it. A part must have suffered, or be about suffer, an injury (physical, economic, mental or otherwise) to have standing.

Question 5

Doctrine of political questions

Answer 5

The doctrine that cases may be dismissed if the issues they present are regarded as extremely political in nature. Does not work at all because any case posed to a federal court is inherently political.

Question 6

Doctrine of stare decisis (stand by decided matters)

Answer 6

Refers to the fact that American courts rely heavily on precedent. One of the fundamental doctrines of federal courts.

Question 7

Affirm

Answer 7

What the supreme court does when it upholds a decision of a lower court

Question 8

Reverse/reversal

Answer 8

What the supreme court does when it overturns a decision of a lower court

Question 9

Opinion

Answer 9

A Supreme Court justice’s explanation and justification for a decision. Must be written after a decision

Question 10

Opinion of the Court/Majority opinion when Court is not unanimous

Answer 10

A coherent statement of the Court’s position to the parties, the lower courts, and the legal and political world which is published after a decision.

Question 11

Concurring opinion

Answer 11

One written in support of the Court’s decision.

Question 12

Dissenting opinion

Answer 12

One written in disagreement with the Court’s decision.

Question 13

Certiorari

Answer 13

Granted in writs. The main way in which cases are brought before the Supreme Court. Granted at the Court’s discretion. The losing part in a lower court may apply for a writ of certiorari from the Supreme Court as long as the case involves a substantial federal question and the party seeking review has exhausted all other avenues of appeal.

Question 14

Rule of four

Answer 14

The affirmative vote of at least four justices that a writ of certiorari requires in order to be granted.

Question 15

Briefs

Answer 15

Written documents containing legal arguments in support of a party’s opinion.

Question 16

Amicus curiae briefs

Answer 16

Amicus briefs are filed on behalf of organized groups that have an interest in the outcome of a case.

Question 17

Oral argument

Answer 17

A public hearing where lawyers for both sides appear before the Court to make verbal presentations and, more importantly, answer questions from the bench.

Question 18

Blocs

Answer 18

What a group of justices that routinely votes the same way is called.

Question 19

Judicial activism

Answer 19

When a justice is performing when they support the expansion of the Supreme Court’s jurisdiction and powers and when they embrace innovative constitutional doctrines.

Question 20

Judicial restraint

Answer 20

When a justice operates within the historical precedent for their post.

Question 21

Plaitiff

Answer 21

The party who files a complaint alleging wrongdoing on the part of a defendant

Question 22

Defendant

Answer 22

The party being alleged of wrongdoing by the plaintiff. Must either admit to the wrong or defend against the accusation.

Question 23

Civil case

Answer 23

Begins when a plaintiff brings a lawsuit, usually seeking monetary damages that occurred as the result of the defendant’s actions.

Question 24

Criminal case

Answer 24

Begins when the government prosecutes someone for allegedly committing a crime.

Question 25

Contempt of court

Answer 25

What any part who fails to comply with a court order, such as a subpoena or an injunction, is held for

Question 26

Courts-martial

Answer 26

What crimes committed by persons in military service are prosecuted before.

Question 27

Senatorial courtesy

Answer 27

The tradition where senators from the president’s party exercise significant influence in the selection of judges for the district courts in their state.

Question 28

Writs

Answer 28

Orders issued by the Supreme Court in order to enforce their decisions.