Chapter 18

Question 1

the authority of a court to hear a case

Answer 1

Jurisdiction

Question 2

power shared by federal and State courts to hear certain cases

Answer 2

Concurrent jurisdiction

Question 3

in civil law, the party who brings a suit or some other legal action against another (the defendant) in court

Answer 3

Plaintiff

Question 4

in a civil suit, the person against whom a court action is brought by the plaintiff; in a criminal case, the person charged with the crime

Answer 4

Defendant

Question 5

the power of a court to hear a case first, before any other court

Answer 5

Original jurisdiction

Question 6

the authority of a court to review decisions of inferior (lower) courts; see original jurisdiction

Answer 6

Appellate jurisdiction

Question 7

a judicial philosophy in which supporters believe that judges should decide cases based on the original intent of the Framers or those who enacted the statute(s) involved in a case, or on precedent

Answer 7

Judicial restraint

Question 8

court decision that stands as an example to be followed in future, similar cases

Answer 8

Precedent

Question 9

a judicial philosophy in which supporters believe that judges should interpret and apply provisions in the Constitution and in statute law in the light of ongoing changes in conditions and values

Answer 9

Judicial activism

Question 10

a case in which a defendant is tried for committing a crime as defined by the law

Answer 10

Criminal case

Question 11

a case involving a noncriminal matter such as a contract dispute or a claim of patent infringement

Answer 11

Civil case

Question 12

a court’s list of cases to be heard

Answer 12

Docket

Question 13

a transcript of proceedings made in trial court

Answer 13

Record

Question 14

an order by a higher court directing a lower court to send up the record in a given case for review; from the Latin meaning “to be more certain”

Answer 14

Writ of certiorari

Question 15

a method of putting a case before the Supreme Court; used when a lower court is not clear about the procedure or rule of law that should apply in a case and asks the Supreme Court to certify the answer to a specific question

Answer 15

Certificate

Question 16

detailed written statements filed with the Court before oral arguments are presented

Answer 16

Briefs

Question 17

officially called the Opinion of the Court; announces the Court’s decision in a case and sets out the reasoning upon which it is based

Answer 17

Majority opinion

Question 18

written explanation of the views of one or more judges who support a decision reached by a majority of the court, but wish to add or emphasize a point that was not made in the majority decision

Answer 18

Concurring opinion

Question 19

written explanation of the views of one or more judges who disagree with (dissent from) a decision reached by a majority of the court; see majority opinion

Answer 19

Dissenting opinions

Question 20

a court composed of military personnel, for the trial of those accused of violating military law

Answer 20

Court-martial

Question 21

a court operating as part of the judicial branch, entirely separate from the military establishment

Answer 21

Civilian tribunal

Question 22

satisfaction of a claim payment

Answer 22

Redress

Question 23

the lower federal courts, beneath the Supreme Court

Answer 23

Inferior courts