Chapter 15 Flashcards
The great majority of America’s judicial business is transacted in
State courts of original jurisdiction
One of the differences between criminal law and civil law is that in civil law
There is no charge that a law has been violated
Not everyone can challenge a law. Litigants must have what is called ____, meaning that they must have a serious personal stake in the case, typically determined by whether or not they have sustained or are in danger of an injury.
Standing to sue
The constitution specifically provided that there would be a Supreme Court
but left it to the discretion of Congress to establish lower federal courts of general jurisdiction
Courts of original jurisdiction are
trial courts
An important player at the district court level in each district is the ____, nominated by the president and confirmed by the Senate. He or she serves at the discretion of the president.
United States Attorney
Which of the following statements about the selection of Supreme Court justices is False?
Senators play a greater role in the recruitment of Supreme Court justices than in the selection of lower court judges.
Senators have dominated the selection of judges for the federal district courts through
The custom of senatorial courtesy
The first woman appointed to the United States Supreme Court was
Sandra Day O’Connor
The first African-American to serve on the Supreme Court, who had been the NAACP’s lead attorney in Brown v. Board of Education, was
Thurgood Marshall
A writ of certiorari
is used by the Supreme Court to call up a case
The ____ is a presidential appointee who is in charge of the appellate court litigation of the federal government, works out of the Department of Justice, and can have an important influence on the Supreme Court
Solicitor General
Those who are interested in the outcome of a case, but are not formal litigants, sometimes submit ___ briefs, raising points of view and presenting information that they hope will influence the Supreme Court’s decision
amicus curiae
Stare decisis means that cases are
decided on the bases of precedent
Judicial review means
the right of the courts to determine whether executive or legislative acts are or are not consitutional
A Per Curiam decision is a
decision without explanation
The proposal to add justices to the Supreme Court, known as the “court packing plan” to critics, was made by president ___, who wanted to be able to appoint justices more sympathetic to his philosophy than the “nine old men”
Franklin Roosevelt
One of the most active Supreme Courts in shaping public policy in areas of desegregation and the rights of the accused was the
Warren Court
Democratic theorist criticize the court on the grounds that they are
Not representative of the people or majority public opinion
When a higher court hears a case that has previously been decided at a lower level, it is using its authority of
Appellate Jurisdiction
Most cases reach the US Supreme Court through
The appellate jurisdiction of the court
Granting a writ of certiorari
The US Supreme Court makes its decisions
in a very quick time frame
Justices on the losing side can write which type of opinion
Dissent
Which of the following is not part of the federal justicial system
State supreme court
When a brief is filed by a group that is not a party to a case but the group wants its concern included in the case’s outcome, the brief is called
amicus curiae
When nominating a justice to the US Supreme Court, presidents
always select someone from their own political party
Using judicial precedent means
A courts decision on a case should be consistent with previous rulings.
A court exercising judicial restraint would most likely
Defer to the judgment of legislatures and other elected officials
Respect precedent
The doctrine of judicial activism would suggest that the Supreme Court
should interpret the law to protect the rights of individuals to achieve social justice
protect people from unreasonable governmental interference in their lives
A concurring opinion
is delivered when a justice agrees with the majority’s decision, but for different reasons
The federal district courts are
courts of original jurisdiction
US courts of appeal
review decisions from district courts
The US Court of Military Appeals is an example of what kind of federal court
Special US Courts
