Chapter Thirteen

Question 1

Amicus Curiae

Answer 1

literally a “friend of the court” and used for a brief filed by someone who is interested in but not party to a case

Question 2

Appellate Court

Answer 2

a court that reviews cases already decided by a lower or trial court and that may change the lower court’s decision

Question 3

Appellate Jurisdiction

Answer 3

the power of a court to hear a case on appeal from a lower court and possibly change the lower court’s deicision

Question 4

Associate Justice

Answer 4

a member of the Supreme Court who is not the chief justice

Question 5

Brief

Answer 5

a written legal argument presented to a court by one of the parties in a case

Question 6

Chief Justice

Answer 6

the highest-ranking justice on the Supreme court

Question 7

circuit courts

Answer 7

the appeals(appellate) courts of the federal court system that review decisions of the lower(district) courts; AKA courts of appeals

Question 8

civil law

Answer 8

a non-criminal law defining private rights and remedies

Question 9

common law

Answer 9

the pattern of law developed by judges through case decisions largely based on precedent

Question 10

concurring opinion

Answer 10

an opinion written by a justice who agrees with the Court’s majority opinion but has different reasons for doing so

Question 11

conference

Answer 11

closed meeting of the justices to discuss cases on the docket and take an initial vote

Question 12

court of appeals

Answer 12

the appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts

Question 13

criminal law

Answer 13

a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions

Question 14

dissenting opinion

Answer 14

an opinion written by a justice who disagrees with the majority opinion of the Court

Question 15

district courts

Answer 15

the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard

Question 16

docket

Answer 16

list of cases pending on a court’s calendar

Question 17

dual court system

Answer 17

the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts

Question 18

judicial activism

Answer 18

a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches of government

Question 19

judicial restraint

Answer 19

a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government

Question 20

judicial review

Answer 20

the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional

Question 21

majority opinion

Answer 21

an opinion of the court with which more than half the nine justices agree

Question 22

marbury v. Madison

Answer 22

the 1803 Supreme court case that established the courts’ power of judicial review and the first time the supreme court ruled an act of congress to be unconstitutional

Question 23

oral argument

Answer 23

words spoken before the Supreme court(usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail

Question 24

oral jurisdiction

Answer 24

the power of a court to hear a case for the first time

Question 25

precedent

Answer 25

the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system

Question 26

Rule of four

Answer 26

a supreme court custom in which a case will be hear when four justices decide to do so

Question 27

senatorial courtesy

Answer 27

an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal government and argues some cases before the Supreme court

Question 28

solicitor general

Answer 28

the lawyer who represents the federal government and argues some cases before the supreme court

Question 29

stare decisis

Answer 29

principle by which courts rely on past decisions and their precedents when making decisions in new cases

Question 30

trial court

Answer 30

the level of court in which a cases starts or is first tried

Question 31

writ of certiorari

Answer 31

order of the Supreme court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert.