Chapter 14- The National Judiciary

Question 1

Jurisdiction

Answer 1

The authority of the courts to hear and decide issues in certain cases.

Question 2

Original jurisdiction

Answer 2

Court hears and decides a case for the first time.

Question 3

Appellate jurisdiction

Answer 3

Gives the court authority to hear cases on appeal from the lower courts.

Question 4

Concurrent jurisdiction

Answer 4

The authority to hear cases is shared by federal and state courts.

Question 5

Constitutional courts

Answer 5

Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, and specialized courts such as the U.S. Court of International Trade.

Question 6

District courts

Answer 6

Lowest level of federal courts, where federal cases begin and trials are held.

Question 7

Court of Appeals

Answer 7

Federal courts that review decisions of federal district courts, regulatory commissions, and other federal courts.

Question 8

Legislative courts

Answer 8

Courts created by Congress for specialized purposes with a narrow range of authority.

Question 9

Senatorial courtesy

Answer 9

The practice of allowing senators from the president’s party who represent the state where a judicial district is located, to approve or disapprove potential nominees for the lower federal courts.

Question 10

Rule of four

Answer 10

Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case.

Question 11

Brief orders

Answer 11

The returning of a case to a lower court because a similar case was recently decided.

Question 12

Writ of certiorari

Answer 12

Order by the court directing a lower court to send up the records of a case for review.

Question 13

Certificate

Answer 13

A lower court asked the Supreme Court about a rule of law or procedure.

Question 14

Brief

Answer 14

Legal document submitted to the court setting forth the facts of a case and supporting a particular position.

Question 15

Amicus curiae briefs

Answer 15

Friend of the court; interested groups may be invited to file legal briefs supporting or rejecting arguments of the case.

Question 16

Majority opinion

Answer 16

The majority of justices agree on the decision and the reasons for the decision.

Question 17

Concurring opinion

Answer 17

Justice or justices who agree with the majority’s opinion but not with the reason behind the decision.

Question 18

Dissenting opinion

Answer 18

Justice or justices who disagree with the majority opinion.

Question 19

Precedents

Answer 19

Standards or guides based on prior decisions that serve as a rule for settling similar disputes.

Question 20

Executive privilege

Answer 20

The right of the president to withhold information from Congress or refuse to testify; limited by the Supreme Court in U.S. v. Nixon.

Question 21

Judicial activism

Answer 21

The Court should play an active role on determining national policies.

Question 22

Judicial restraint

Answer 22

Holds that the Court should avoid taking the initiative on social and political questions, operating strictly within the limits of the Constitution.

Question 23

Strict constructionist

Answer 23

The view that justices should base decisions on a narrow interpretation of the Constitution.

Question 24

Loose constructionist

Answer 24

The belief that justices should have freedom in interpreting the Constitution.