Chapter 16

Question 1

Activist Approach

Answer 1

an approach to judicial review which holds that judges should discover the general principles underlying the Constitution and its often vague language, amplify those principles on the basis of some moral or economic philosophy and apply them to cases

Question 2

In Forma Pauperis

Answer 2

a request to have a court waive filing fees in a civil action because the plaintiff is poor

Question 3

Judicial Restraint

Answer 3

a judicial philosophy in which judges play minimal policymaking roles, leaving the duty strictly to the legislation

Question 4

Judicial Review

Answer 4

the right of federal courts to declare laws of Congress and acts yhe executive branch void and unenforceable if they are judged to be in conflict with the constitution

Question 5

Litmus Test

Answer 5

a test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts

Question 6

Per Curiam Opinion

Answer 6

a brief and unsigned opinion by the Supreme Court

Question 7

Plaintiff

Answer 7

party that intitiates a suit in law

Question 8

political question

Answer 8

an issue that the court refuses to consider because it believes the Constitution has left it entirely to another branch to decide

Question 9

Remedy

Answer 9

a judicial order setting forth what must be done to correct a situation a judge believes to be wrong

Question 10

Senatorial Courtesy

Answer 10

the tradition bu which the senate will not confirm a district court judge if the senator who is from that state and of the presidents party objects

Question 11

Solicitor General

Answer 11

the third ranking officer in the justice department who decides what cases the federal government will appeal from lower courts and personally approves every case the government presents to the Supreme Court

Question 12

Sovereign Immunity

Answer 12

a legal concept that forbids a person from suing the government without its consent Congress has given its consent for the government to be sued in many cases involving disputes over contracts or damage done as a result of negligence

Question 13

standing

Answer 13

a legal concept that refers to who is entitled to bring a case

Question 14

Rules Govern Standing

Answer 14

1- there must be an actual controversy between real adversaries
2- the person bringing suit must show that he or she has been harmed by the law or practice involved in the complaint
3- being a taxpayer does not entitle a person to challenge the constitutional of a government action

Question 15

State Decisis

Answer 15

an informal rule of judicial decision making in which jugdes try to follow precedent in deciding cases That is a court case today should br settled in accordance with prior decisions on similar cases

Question 16

Writ of Certiorari

Answer 16

a legal document issued by the Supreme Court to request the court transcripts of a case

Question 17

Constitution Court

Answer 17

a fed court authorized by Article III of the Constitution that keeps judges in office during good behavior and precedents their salaries from being reduced

Question 18

Criminal Law

Answer 18

the gov changes an individual who violated specific laws

Question 19

Diversity Case

Answer 19

jurisdiction conferred by the Constitution on federal courts to hear cases involving citizens of different states

Question 20

Dred Scott v Sandford

Answer 20

ruled that people of African descent imported into the United States and held as slaves or their descendants, whether or not they were slaves, were not legal persons and could never be citizens of the United States and the U S Congress had no authority to prohibit slavery in federal territories

Question 21

Fee Shifting

Answer 21

rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins

Question 22

Friday Conference

Answer 22

the meeting at which the justices vote on cases that they have recently heard

Question 23

Gang of Fourteen

Answer 23

agreed to block filibusters unless there were “extraordinary circumstances”

Question 24

Civil Law

Answer 24

rules defining relationships among private citizens

Question 25

Class Action Suit

Answer 25

a means by which one who has been injured can bring action on behalf of all similarly situated

Question 26

Concurring Opinion

Answer 26

a signed opinion in which one or more members agree with the majority view but for different reasons

Question 27

Appellate Jurisdiction

Answer 27

jurisdiction of courts that hear cases brought to them on appeal from lower courts These courts do not review the factual record, only the legal issues involved

Question 28

Bloc Voting

Answer 28

a pattern of voting behavior of two or more justices

Question 29

Amicus curiae

Answer 29

a means by which one who has an interest in a case but is not directly involved can present arguments in favor of one sude

Question 30

In Federalist 78, Alexander Hamilton described the judicial branch as the ___________ branch

Answer 30

least dangerous

Question 31

Seventy years ago judicial activists tended to be

Answer 31

conservatives

Question 32

What did the decision in McCulloch v Maryland establish?

Answer 32

Judicial Review

Question 33

The text suggests “judicial activism” was born in the

Answer 33

1890s

Question 34

From 1937 to 1974 the supreme court did not declare a single federal law dealing with __________ unconstitutional

Answer 34

regulations of business

Question 35

FDRs court packing bill is an example of a presidential action designed to

Answer 35

influence the way in which courts decide cases

Question 36

recent controversy regarding judicial appointments the “nuclear option” focused on

Answer 36

revising senate rules to block filibusters

Question 37

conflict surrounding some supreme court nominations can only be explained by the fact that

Answer 37

court plays such a large role in making public policy

Question 38

restraint orriented judges differ from activist judges in that they are more likely

Answer 38

apply rules that are clearly stated in the constitution

Question 39

who was defiant of the supreme court rulings and taunted the chief justice to enforce its decisions?

Answer 39

President Andrew Jackson

Question 40

Roger B taney was deliberately chosen for the Supreme Court because he

Answer 40

favored a strong national government

Question 41

from the civil war to the beginning of the new deal, the issue that the Supreme Court faced

Answer 41

government regulation of the economy

Question 42

owen roberts change of view was clear concession to

Answer 42

public opinion

Question 43

dramatic change in the 90s court struck down a stature that ______ did not affect interstate commerce

Answer 43

carrying a gun

Question 44

the court of military appeals is an example of a

Answer 44

legislative court

Question 45

when politicians complain about litmus tests in judicial nominations they are probably

Answer 45

not part of the group that is currently in power

Question 46

if you wish to declare bankruptcy you must do so in

Answer 46

a federal district court

Question 47

Certiorari is a latin word meaning, roughly,

Answer 47

“made more certain”

Question 48

cert is issued and a case is scheduled for a hearing if _______ justices agree to hear it

Answer 48

4

Question 49

means by which one who has interest in a case but is not directly involved can present arguments

Answer 49

amicus curiae

Question 50

1868, case of mississippi newspaper editor was extraordinary because

Answer 50

congress took courts power to consider case during appeal