Chapter 14: The Courts

Question 1

What is the concept of amicus curiae?

Answer 1

A legal brief in which individuals not party to a suit (aka without a lawyer) may have their views heard in court.

Question 2

What is the original jurisdiction of the courts?

Answer 2

The authority to be the first to hear a case.

Question 3

What is the difference between constitutional courts and legislative courts?

Answer 3

Constitutional courts are laid out in Article III of the Constitution, while legislative courts are more specialized and laid out in Article I.

Question 4

What are the types of juries used in district courts?

Answer 4

• Grand juries, who are a group of citizens who decide whether there is enough evidence to bring an indictment against accused persons.
• Petit (trial) juries hear evidence and sit in judgement on charges brough in civil or criminal cases.

Question 5

What are circuit courts?

Answer 5

Twelve (plus one special) jurisdictions that hear appeals from the district courts.

Question 6

What do appellate courts hear?

Answer 6

Cases on appeal from other courts.

Question 7

What are briefs?

Answer 7

Documents that lay out the arguments in a case, prepared by attorneys and presented to courts.

Question 8

How do opinions work in circuit courts and the Supreme Court?

Answer 8

• The opinion of the Court is the majority opinion by the jury in a decision.
• Concurring opinions happen when the judge(s) vote with the majority but for different legal reasons.
• Dissenting opinins form when the judge(s) vote with the minority.

Question 9

What does the stare decisis doctrine say?

Answer 9

Precedent should guide judicial decision making.

Question 10

What is the concept of senatorial courtesy?

Answer 10

The senior senator of the president’s party where the district court is located must approve the judicial nomination before they are considered by the Senate Judiciary Committee.

Question 11

What is a standing?

Answer 11

The authority to bring legal action because one is directly affected by the issues at hand.

Question 12

What was the separate but equal doctrine?

Answer 12

Articulated in Plessy v. Ferguson (1896) that encouraged segregation as long as either side was equal in their facilities and services.

It wasn’t.

Question 13

Who is the plaintiff in a court case?

Answer 13

The one who brings suit in a court.

Question 14

What is the process of in forma pauperis?

Answer 14

Indigent plaintiffs may file a suit with the Supreme Court for free.

Question 15

What does the writ of certiorari do?

Answer 15

Announces that the Supreme Court will hear a case on appeal from a lower court.

Question 16

How does the rule of four work in the Supreme Court?

Answer 16

At least four justices must agree to hear a case for it to be taken to the Supreme Court.

Question 17

What is a class-action suit?

Answer 17

A suit brought to the courts by people in a similar situation to the plaintiffs.

Question 18

What does a laissez-faire government do?

Answer 18

They do not interfere with the economy/operations of the free market.

Question 19

What is judicial activism and how does it play out in today’s society?

Answer 19

Actions by the courts that go beyond their jurisdiction as law intepreter and adjudicator of disputes.

Question 20

What is a remedy?

Answer 20

An action by the court to rectify a wrong done by government.

Question 21

What is strict construction and what are the two concepts associated with it?

Answer 21

Provisions of the Constitution have a clear meaning and that judges must stick closely to this meaning when rendering decisions. Includes originalism and textualism.

Question 22

How does judicial review work the federal government?

Answer 22

The Supreme Court can declare actions of other levels and branches of the government unconstitutional.

Question 23

Who brings forth a test case?

Answer 23

Interest or advocacy groups to force a ruling on the constitutionality of some law or executive action.