Chapter 15: The Judiciary

Question 0

PRECEDENT

Answer 0

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

Question 1

COMMON LAW

Answer 1

Judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common on the nation.

Question 2

STARE DECISIS

Answer 2

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

Question 3

CASE LAW

Answer 3

The rules and principles announced in court decisions. Case law includes judicial interpretations of common law principles and doctrines as well as interpretation of constitutional law, statutory law, and administrative law.

Question 4

JURISDICTION

Answer 4

The authority of a court to decide certain cases. Not all courts have the authority to decide all cases. Where a case arises and what its subject matter is are two jurisdiction factors.

Question 5

FEDERAL QUESTION

Answer 5

A question that pertains to the U. S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.

Question 6

DIVERSITY OF CITIZEN

Answer 6

A basis for federal court jurisdiction over a lawsuit that involves citizens of different states or (more rarely) citizens of a U.S. State and citizens or subjects of a foreign country. The amount in controversy must be at least $75,000 before a federal court can take jurisdiction in such cases.

Question 7

JUSTICIABLE CONTROVERSY

Answer 7

An actual dispute that raises questions about the law and that is appropriate for resolution before a court.

Question 8

TRIAL COURT

Answer 8

The court in which most cares usually begin and in which questions of fact are examined.

Question 9

GENERAL JURSIDICTION

Answer 9

Exists when a court ‘s authority to hear cases is not significantly restricted. A court of general jurisdiction normally can hear a broad range of cases.

Question 10

LIMITED JURISDICTION

Answer 10

Exists when a court’s authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions.

Question 11

APPELLATE COURT

Answer 11

A court having jurisdiction to review cases and issues that were originally tried in lower courts.

Question 12

LITIGATE

Answer 12

To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit.

Question 13

AMICUS CURIAE BRIEF

Answer 13

A brief ( a document containing a legal argument supporting a desired outcome in a particular case) filed by a third party, or amicus curiae (Latin for “friend of the court”), who is not directly involved in the litigation but who has an interest in the outcome of the case.

Question 14

CLASS-ACTION SUIT

Answer 14

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

Question 15

WRIT OF CERTIORARI

Answer 15

An order issued by a higher court to a lower court to send up the record of a case for review. It is the principal vehicle for United States Supreme Court review.

Question 16

RULE OF FOUR

Answer 16

A United States Supreme Court procedure requiring four affirmative votes to hear the case before the full Court.

Question 17

ORAL ARGUMENTS

Answer 17

The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in her or his client’s favor.

Question 18

OPINION

Answer 18

The statement by a judge or a court of the decision reached in a case tried or argued before it. The opinion sets forth the law that applies to the case and details the legal reasoning on which the ruling was based.

Question 19

AFFIRM

Answer 19

To declare that a court ruling is valid and must stand.

Question 20

REVERSE

Answer 20

To annul or make void a court ruling on account of some error or irregularity.

Question 21

REMAND

Answer 21

To send a case back to the court that originally heard it.

Question 22

UNANIMOUS OPINION

Answer 22

A court opinion or determination on which all judges agree.

Question 23

MAJORITY OPINION

Answer 23

A court opinion reflecting the views of the majority of the judges.

Question 24

CONCURRING OPINION

Answer 24

A separate opinion, prepared by a judge who supports the decision of the majority of the court but who wants to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made.

Question 25

DISSENTING OPINION

Answer 25

A separate opinion in which a judge dissents from (disagree with) the conclusion reached by the majority on the court and expounds his or her own views about the case.

Question 26

SENATORIAL COURTESY

Answer 26

In regard to federal district court judgeship nominations, a Senate tradition allowing a senator of the president’s political party to veto a judicial appointment in his or her state simply by indicating that the appointment is personally not acceptable. At that point, the Senate may reject the nomination, or the president may withdraw consideration of the nominee.

Question 27

JUDICIAL ACTIVISM

Answer 27

A doctrine holding that the Supreme Court should take an active role in using its powers to check the activities of Congress, state legislatures, and administrative agencies when Rhodes government bodies exceed their authority.

Question 28

JUDICIAL RESTRAINT

Answer 28

A doctrine holding that the Supreme Court should defer to the decisions made by the elected representatives of the people in the legislative and executive branches.

Question 29

JUDICIAL IMPLEMENTATION

Answer 29

The way in which court decisions are translated into action.

Question 30

POLITICAL QUESTION

Answer 30

An issue that a court believes should be decided by the executive or legislative branch.