Chapter 8 - The Judiciary

Question 1

Judicial review

Answer 1

The authority of the judiciary to decide whether a law or any other government action is constitutional

Question 2

Federal court supremacy

Answer 2

The arrangement based on the supremacy clause in the Constitution that gives federal courts the authority to overturn state court decisions and to decide on the constitutionality of state laws and actions

Question 3

Criminal case

Answer 3

A case in which the government prosecutes a person for a crime against society

Question 4

Civil case

Answer 4

A case in which at least one person sues another person for violating the civil code of conduct

Question 5

Standing

Answer 5

The official status of a litigant who is entitled to have his or her case decided by the court

Question 6

Class action

Answer 6

A lawsuit in which the plaintiff or defendant is a collective group of individuals

Question 7

Common law

Answer 7

A system of jurisprudence in which the judiciary has the authority to determine how the law is to be interpreted. Under this system, legal precedent established by judges informs future decisions

Question 8

Civil law

Answer 8

A system of jurisprudence in which authoritative documents determine how the law is to be interpreted. Under this system, legal codes and statutes (and not judges) inform future decisions

Question 9

Stare decisis

Answer 9

The legal principle that requires judges to respect the decisions of past court cases

Question 10

Statutory law

Answer 10

The laws passed by legislatures, or administrative agencies empowered by legislatures, and the court decisions interpreting those laws

Question 11

Constitutional law

Answer 11

The collection of fundamental rules for making statutory laws and regulations, their enforcement, and the court decisions interpreting those rules

Question 12

Writ of certiorari

Answer 12

An order by the Supreme Court directing an inferior court to deliver the records of a case to be reviewed, which effectively means the justices of the Court have decided to hear the case

Question 13

Moot

Answer 13

The status of a case in which further legal proceedings would have no impact on one or both parties

Question 14

Amicus curiae

Answer 14

Briefs (letters to the court) in which those who are not parties in a case provide their opinions on how the case should be decided

Question 15

Legal model

Answer 15

A theoretical model where judicial decisions are primarily determined by the case, the plain meaning of the text from the Constitution and statutes, the intent of the framers, and/or legal precedent

Question 16

Attitudinal model

Answer 16

A theoretical model where judicial decisions are primarily determined by the policy goals and ideological agendas of judges

Question 17

Strategic (or rational choice)

model

Answer 17

A theoretical model where judicial decisions are primarily determined by the policy goals of judges and the various constraints that stand in the way of achieving those goals

Question 18

Concurring opinion

Answer 18

An opinion issued by a member of the majority of the Supreme Court that agrees with the decision of the majority but offers alternative legal reasoning

Question 19

Dissenting opinion

Answer 19

An opinion issued by a member of the Supreme Court in opposition to the majority, offering legal reasoning for the decision to
oppose

Question 20

Strict constructivism

Answer 20

The legal philosophy that judges should use the intentions of those writing the law or the
Constitution as guides for how to interpret the law

Question 21

Judicial activism

Answer 21

Judicial rulings that go beyond interpreting the law in order to promote a judge’s personal or political agenda