Chapter 6 Vocab

Question 1

The right of a court to review a case that has already been heard and decided upon by a lower court.

Answer 1

appellate jurisdiction

Question 2

The position of the head of the Justice Department and the chief law enforcement officer of the United States (?)

Answer 2

Attorney General

Question 3

A higher court reviews a decision of a lower court, “to make more certain”.

Answer 3

certiorari

Question 4

Hamilton affirmed that the independent judicial branch has the power of judicial review, and justices should remain on bench on good behavior.

Answer 4

Federalist No. 78

Question 5

The power to examine acts of legislature to see if they comport with the Constitution.

Answer 5

judicial review

Question 6

Established the principle of judicial review

Answer 6

Marbury v. Madison (1803)

Question 7

The authority to hear a case for the first time

Answer 7

original jurisdiction

Question 8

Trial courts created by Congress; hears federal criminal and civil matters

Answer 8

U.S District Courts

Question 9

Hears appeals from the federal district courts located within their respective judicial circuits.

Answer 9

U.S Circuit Courts of Appeals

Question 10

Nine justices, and takes appeals from circuits and top state courts

Answer 10

U.S Supreme Court

Question 11

A prior decision by a court that must by followed without a compelling reason or significantly different facts or issues

Answer 11

binding precedent

Question 12

A decision of another court which is influential but not binding

Answer 12

persuasive precedent

Question 13

A ruling that firmly establishes a legal principle

Answer 13

precedent

Question 14

The 17th (current) chief of justice, known for his judicial minimalism, where the judges are servants of the law

Answer 14

Roberts, John

Question 15

Supreme court policy of following precedent in deciding cases, “let the decision stand”

Answer 15

stare decisis

Question 16

Written by a justice who voted with the majority, but for different reasons

Answer 16

concurring opinion

Question 17

Written by a justice (or justices) who express a minority viewpoint in a case

Answer 17

dissenting opinion

Question 18

Interprets the Constitution as a living document and takes into account changes and social conditions since ratification

Answer 18

liberal constructionist

Question 19

Written to sum up the case, the court’s decision, and its rationale.

Answer 19

majority opinion

Question 20

A brief arguing why the lower court erred. The Supreme Court reviews it and decides if the claim is worthy of an appeal

Answer 20

petition for certiorari

Question 21

The Supreme Court will hear a case if four justices agree to do so

Answer 21

rule of four

Question 22

Interprets the Constitution in its original context

Answer 22

strict constructionist

Question 23

President Reagan’s rejected Supreme Court justice nominee. An advocate for “originalism” to uphold the Constitution as the framers originally intended

Answer 23

Bork, Robert

Question 24

President Obama’s rejected Supreme Court justice nominee. Was rejected for the notion that the next president should pick instead

Answer 24

Garland, Merrick

Question 25

When judges strike down laws or reverses public policy

Answer 25

judicial activism

Question 26

Judges should not be making or changing laws since they are not elected by the people.

Answer 26

judicial restraint

Question 27

A parliamentary procedure that allows the Senate to override a standing rule by a simple majority

Answer 27

“nuclear option”

Question 28

A constraint on the president’s freedom to appoint whomever the administration chooses. Allows a senator of the president’s political party to veto a judicial appointment in her or his state

Answer 28

senatorial courtesy

Question 29

The requirements for bringing a case to court

Answer 29

standing

Question 30

President Bush’s Supreme Court nominee, african american. Highly conservative and accused of sexual misconduct; barely was confirmed by Senate.

Answer 30

Thomas, Clarence