Chapter 9 - The Federal Courts

Question 1

Criminal Law

Answer 1

The branch of law that deals with disputes or actions involving criminal penalties

Question 2

Civil Law

Answer 2

A system of theory focused on settling disputes not involving criminal penalties

Question 3

Precedents

Answer 3

Prior cases that are used as a template by judges for later cases.

Question 4

Stare decisis

Answer 4

“Let the decision Stand.” The Principal that a court case will remain as a Precedent until a new court decision changes the precedent

Question 5

Public Law

Answer 5

Cases involving the action of public agencies or officials

Question 6

Trial Court

Answer 6

The first court to hear a criminal or civil case

Question 7

Court of Appeals

Answer 7

The court that hears the appeals of the decisions made in trial court

Question 8

Supreme Court

Answer 8

The highest court in a state, generally serving for appellate function.

Question 9

Jurisdiction

Answer 9

The domain over which an institution or member has authority

Question 10

Appellate Jurisdiction

Answer 10

Specific cases stated in the Constitution that are able to appealed to a higher court

Question 11

Original Jurisdiction

Answer 11

Specific cases stated in the constitution that can brought directly to the federal court

Question 12

Due Process

Answer 12

Proceeding accordingly to the law with adequate protection for individual rights

Question 13

Writ of Habeas Corpus

Answer 13

The guaranteed constitutional right in which you must be shown the cause of arrest in court.

Can only be taken away in cases of rebellion and invasion

Question 14

Chief Justice

Answer 14

The justice on the Supreme Court who is in control over public session

Question 15

Senatorial Courtesy

Answer 15

The formal practice of the president always asking the senators for their opinion on a potential federal judgeship candidate.

Question 16

Judicial Review

Answer 16

The power of the courts to declare actions of the legislative and executive branch invalid or unconstitutional

Question 17

Supremacy Clause

Answer 17

Article 6’s clause that states that federal law and actions are superior over all other laws and actions

Question 18

Ripeness

Answer 18

A case that is ready for litigation and does not depend upon hypothetical future events

Question 19

Standing

Answer 19

The right of an individual or organization to initiate a court case.

Question 20

Mootness

Answer 20

A criterion used by courts to avoid hearing cases that no longer require resolution

Question 21

Writ of Certiorari

Answer 21

A formal request by an appellant to have the Supreme Court review a decision of a lower court

Question 22

Amicus Curiae

Answer 22

A “friend of the court”, an individual or court that is not a party to a lawsuit but seeks to assist the court in reaching a decision by presenting a brief

Question 23

Brief

Answer 23

A written document in which an attorney explains why the court should rule in favor of his or her client

Question 24

Oral Argument

Answer 24

The stage in supreme court proceedings in which the attorneys for both sides appear before the court and present their positions and answer questions posed by justices

Question 25

Opinion

Answer 25

The written explanation of the supreme court’s decision in a particular case

Question 26

Concurrence

Answer 26

An opinion with the decision of the majority but not with agreement with majority opinion.

Question 27

Dissenting Opinion

Answer 27

A decision written by a justice who voted with the minority in which he or she clearly explains their rational

Question 28

Judicial Restraint

Answer 28

The judicial philosophy in which going beyond the Constitution in interpenetration forbidden.

Question 29

Judicial Activism

Answer 29

The judicial philosophy that the Court should look farther then the Constitution to consider social implications of a ruling.

Question 30

Rule of Four

Answer 30

The rule that the only time Certiorari will be granted only four justices vote in favor of the petition.

Question 31

Class-action suit

Answer 31

A lawsuit in which a large number of persons with common interests and issues come together to either sue or defend a lawsuit.

Ex: Hundreds of workers join together to sue a company