Chapter 6

Question 1

the authority to hear cases for the first time

Answer 1

Original Jurisdiction

Question 2

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.

Answer 2

Appellate Jurisdiction

Question 3

Hamilton affirms the independent judicial branch has the power of judicial review to examine acts of legislatures to see if they agree with the Constitution. Also emphasizes need for judge’s life terms and that this permanency shall protect judges from the other branches when they make unpopular but constitutional decisions. Hamilton believed the independent judiciary posed not threat.

Answer 3

Federalist Paper No. 78

Question 4

a person who brings a case against another in a court of law

Answer 4

Plaintiff/Petitioner

Question 5

an individual, company, or institution sued or accused in a court of law.

Answer 5

Defendant/Respondent

Question 6

the head of the department of justice and represents the United States in legal matters

Answer 6

Attorney General

Question 7

a large group of plaintiffs claim common damage by one party (ex. Brown v. Board of Ed.)

Answer 7

Class Action Suit

Question 8

court order, to the losing party in a civil suit, making them act or refrain from acting to redress a wrong

Answer 8

Injunction

Question 9

a writ or order by which a higher court reviews a decision of a lower court to “to make more certain” a violation of established law or procedure that led to incorrect verdict

Answer 9

Certiorari

Question 10

body of court decisions that make up part of the law

Answer 10

Common Law

Question 11

ruling that firmly establishes a legal principle, judges rely on these on deciding cases.

Answer 11

Precedent

Question 12

Let the decision stand; decisions are based on precedents from previous cases

Answer 12

Stare Decisis

Question 13

Allows the court to determine the constitutionality of laws or executive orders

Answer 13

Judicial Review

Question 14

case which establishes the Supreme Court’s power of Judicial Review

Answer 14

Marbury v. Madison

Question 15

one who argues a narrow or original interpretation of the Constitution’s provisions

Answer 15

Strict Constructionist

Question 16

broad interpretation of the Constitution and sees the Constitution as a living document and takes into account changes and social conditions since the ratification of the Constitution

Answer 16

Loose Constructionist

Question 17

Supreme Court chief justice (1801-1835) helped to establish the practice of judicial review and grew the power of the Judiciary

Answer 17

John Marshall

Question 18

Chief Justice during the 1950’s and 1960’s who used a loose interpretation to expand rights for both African-Americans and those accused of crimes therefore practicing judicial activism by expanding civil liberties and civil rights

Answer 18

Earl Warren/Warren Court

Question 19

practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent, think judges acting to create law

Answer 19

Judicial Activism

Question 20

a refraining in the judiciary from departure from precedent and the formulation of broad doctrine

Answer 20

Judicial Restraint

Question 21

the document that must be filed in order containing a brief argument why the lower court was wrong and to ask for a case to be heard/reviewed by the Federal Supreme Court

Answer 21

Petition of Certiorari

Question 22

requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case

Answer 22

Rule of Four

Question 23

after a court case has been chosen to be heard by the Supreme Court an order by the Supreme Court directing a lower court to send up the records of a case for review

Answer 23

Writ of Certiorari

Question 24

a judicial opinion agreed to by more than half of the members of a court

Answer 24

Majority Opinion

Question 25

a judicial opinion written by a justice who votes with the majority, but for different reasons and expresses them in this written opinion

Answer 25

Concurring Opinion

Question 26

a judicial opinion written by a justice who disagrees with the majority opinion, presenting his or her opinion

Answer 26

Dissenting Opinion

Question 27

a brief unsigned statement of a Supreme Court decision

Answer 27

Per Curiam Opinion

Question 28

An examination of the political ideology of a nominated judge

Answer 28

Litmus Test

Question 29

Senate will question and confirm federal judges and Supreme Court presidential nominees

Answer 29

Senate’s Advice and Consent

Question 30

presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

Answer 30

Senatorial Courtesy

Question 31

Justice Department officer who argues the government’s cases before the Supreme Court

Answer 31

Solicitor General

Question 32

A “friend of the court” brief filed by an interest group or interested party to influence a Supreme Court decision in which the United States is not a party.

Answer 32

Amicus Curiae Brief