Chapter 18 (The Federal Court System)

Question 1

Article III

Answer 1

The Article of the U.S. Constitution which creates a national judiciary.

Question 2

Dual Court System

Answer 2

National courts and State courts.

Question 3

Inferior Courts

Answer 3

the lower federal courts, beneath the Supreme Court

Question 4

Two types of Federal Courts

Answer 4

the constitutional courts and the special courts

Question 5

Constitutional Courts

Answer 5

federal courts created by Congress that exercise “the judicial power of the United States”. (broad jurisdiction)

Question 6

Special Courts

Answer 6

federal courts created by Congress to help exercise its powers as spelled out in Article I. (narrow jurisdiction)

Question 7

Jurisdiction

Answer 7

the authority of a court to hear a case

Question 8

Federal Court Jurisdiction

Answer 8

depends on (1) the subject matter or (2) the parties involved in the case

Question 9

Exclusive Jurisdiction

Answer 9

a case that can only be tried in the federal courts

Question 10

Concurrent Jurisdiction

Answer 10

power shared by federal and State courts to hear certain cases

Question 11

Plaintiff

Answer 11

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

Question 12

Defendant

Answer 12

the person against who a court action is brought by the plaintiff; the person charged with the crime

Question 13

Original Jurisdiction

Answer 13

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

Question 14

Appellate Jurisdiction

Answer 14

the authority of a court to review decisions of inferior (lower) courts

Question 15

Federal Judge Constitutional Requirements

Answer 15

No age, residence, or citizenship requirements for federal judges

Question 16

Judicial Restraint

Answer 16

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

Question 17

Precedent

Answer 17

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

Question 18

Judicial Activism

Answer 18

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

Question 19

Terms of Federal Judges

Answer 19

judges of the constitutional courts are appointed for life and judges of the special courts are named to terms of 8 to 15 years

Question 20

U.S. Marshals

Answer 20

the chief law officers of the federal courts. A marshal is appointed for each of the 94 federal judicial districts in the United States.

Question 21

District Courts

Answer 21

the federal trial courts which have original jurisdiction and handle about 80% of the federal caseload per year

Question 22

Criminal Case

Answer 22

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

Question 23

Civil Case

Answer 23

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

Question 24

Courts of Appeals

Answer 24

created by Congress in 1891 to relieve the Supreme Court of much of the burden of hearing appeals from the decisions of the district courts.

Question 25

Docket

Answer 25

a court’s list of cases to be heard

Question 26

Court of Appeals for the Federal Circuit

Answer 26

Unlike the 12 circuit-based courts, the jurisdiction for the Court of Appeals for the Federal Circuit is nationwide in scope.

Question 27

Record

Answer 27

a transcript of proceedings made in trial court

Question 28

Court of International Trade

Answer 28

tries all civil (but not criminal) cases that arise out of the nation’s customs and other trade-related laws

Question 29

U.S. Supreme Court

Answer 29

consists of 9 justices and is the highest court in the land; the only court specifically created by the Constitution

Question 30

Judicial Review

Answer 30

the power to decide the constitutionality of an act of government, whether executive, legislative, or judicial

Question 31

Marbury vs. Madison

Answer 31

a case decided by the Supreme Court in 1803 in which the Court first asserted its power of judicial review

Question 32

Supreme Court Jurisdiction

Answer 32

The Supreme Court has both original and appellate jurisdiction; most of its cases come on appeal.

Question 33

“the rule of four”

Answer 33

at least four of the nine justices on the Supreme Court must agree that a case should be put on the Court’s docket

Question 34

Writ of Certiorari

Answer 34

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”

Question 35

Certificate

Answer 35

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

Question 36

Briefs

Answer 36

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

Question 37

amicus curiae briefs

Answer 37

briefs filed by persons or groups who are not actual parties to a case but who nonetheless have a substantial interest in its outcome

Question 38

Solicitor General

Answer 38

the Federal Government’s chief trial lawyer who represents the United States in all cases to which it is a party in the Supreme Court

Question 39

Majority Opinion

Answer 39

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

Question 40

Concurring Opinion

Answer 40

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 pint that was not made in the majority decision

Question 41

Dissenting Opinion

Answer 41

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

Question 42

Court-Martial

Answer 42

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

Question 43

Civilian Tribunal

Answer 43

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

Question 44

Military Commissions

Answer 44

these court-like bodies were set up to try “unlawful enemy combatants” – suspected terrorists captured by American forces

Question 45

Court of Federal Claims

Answer 45

holds trials throughout the country hearing claims for damages against the Federal Government

Question 46

Redress

Answer 46

satisfaction of a claim payment