Chapter 6 Vocab

Question 1

Federalist 78

Answer 1

argues judicial review pretty much

Question 2

common law

Answer 2

a collection of judge-made laws that developed over centuries and is based on decisions made by previous judges.

Question 3

Precedence

Answer 3

The practice of deciding new cases with reference to former decisions

Question 4

stare decisis

Answer 4

When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court’s decision.

Question 5

original jurisdiction

Answer 5

the Supreme Court is the first, and only, Court to hear a case.

Question 6

Appellate jurisdiction

Answer 6

cases that can only be appealed to the Supreme Court after first being heard in a lower court

Question 7

writ of mandamus

Answer 7

an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

Question 8

district courts

Answer 8

trial courts of original jurisdiction; they hear no appeals, and they are the only federal courts in which trials are held and juries may sit.

Question 9

courts of appeal

Answer 9

have appellate jurisdiction only; no cases go to them first, they review any final decisions of district courts

Question 10

plaintiff

Answer 10

the person bringing the charges in court

Question 11

defendant

Answer 11

the person being charged in court

Question 12

class action suits

Answer 12

permit a small number of people to represent all other people similarly situated. (ex: BROWN v Board of Education

Question 13

solicitor general

Answer 13

a person who represents the government to the Supreme Court; a defense lawyer to the government

Question 14

Jury

Answer 14

a group of citizens (usually twelve) is responsible for determining the innocence or guilt of the accused

Question 15

dual court system

Answer 15

one federal, and one state. The Constitution gives certain kinds of cases to federal courts, and by implication leaves all the rest to state courts.

Question 16

federal-question cases

Answer 16

federal courts hear cases “arising under the Constitution, the law of the United States, and treaties”

Question 17

diversity cases

Answer 17

the Federal court’s jurisdiction over cases involving a controversy between citizens of different States or between citizens of a State and of a foreign nation.

Question 18

dual sovereignty

Answer 18

state and federal authorities may prosecute the same person for the same conduct under both state and federal law

Question 19

senatorial courtesy

Answer 19

a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee’s state

Question 20

senate confirmation

Answer 20

The Senate has the sole power to confirm those of the President’s appointments that require consent, and to provide advice and consent to ratify treaties.

Question 21

Litmus Test

Answer 21

a test of ideological purity for candidates before they may be nominated and/or confirmed to the Supreme Court

Question 22

habeas corpus

Answer 22

a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment.

Question 23

Amicus curiae

Answer 23

“friends of the court”; individuals, organizations, or government agencies that have an interest in the case and a point of view to express

Question 24

Judicial implementation

Answer 24

the translation of court decisions into actual policy that affects the behavior of others

Question 25

Boumendiene v. Bush (2008)

Answer 25

guaranteed the right of habeas corpus to the Guantanamo detainees

Question 26

District of Columbia v. Heller (2008)

Answer 26

ensured the right of individuals to own a gun for private use (not just for service in the militia)

Question 27

Obergefell v. Hodges, 2015

Answer 27

provided federal and state recognition for same-sex marriages

Question 28

Federations of Independent Business v. Sebelius (2012)

Answer 28

upheld the Affordable Care Act: Obamacare

Question 29

Adversarial system

Answer 29

a neutral arena in which two parties present opposing points of view before an impartial arbiter (a judge)

Question 30

justiciable dispute

Answer 30

an actual situation rather than a hypothetical one, and one that may be settled by legal methods

Question 31

Political questions

Answer 31

provides grounds to avoid settling disputes more appropriately resolved by Congress and the president, or that require knowledge of a non-legal character

Question 32

Judicial restraint

Answer 32

judges play minimal policy-making roles, leaving policy decisions to the other two branches

Question 33

judicial activism

Answer 33

judges make policy decisions and interpret the Constitution in new ways

Question 34

original intent

Answer 34

the notion that the judiciary should interpret the Constitution in accordance with the understanding of its framers.

Question 35

bench trial

Answer 35

a trial in which there is no jury and the judge decides the case compared to a jury trial.

Question 36

civil law

Answer 36

the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.

Question 37

criminal law

Answer 37

a system of laws concerned with crimes and the punishment of individuals who commit crimes.

Question 38

legislative court

Answer 38

not constitutional courts. Judges in these special courts do not have the protection of the Constitution.