Chapter Thirteen: The Judiciary

Question 1

Common law

Answer 1

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

Question 2

Precedence

Answer 2

practice of deciding new cases with reference to former decisions

Question 3

Stare decisis

Answer 3

“to stand by things decided” based on precedent - cornerstone for English and American judicial systems

Question 4

Judiciary in the Constitution

Answer 4

judges can serve for life - Supreme Court established by the Constitution - lower courts are to be established by Congress (appellate courts)

Question 5

Court Supremacy

Answer 5

1. SCOTUS - writ of certiorari
2. Appellate courts (circuit courts of appeals) - appellate jurisdiction
3. Courts of first instance - original jurisdiction

Question 6

Judicial review

Answer 6

Marbury v. Madison decided that the Supreme Court has the power to determine the constitutionality of laws and actions and to strike down or reinforce policy

Question 7

District courts

Answer 7

trial courts of original jurisdiction - only federal courts where trials are held - 2-27 judges - jurisdiction: federal crimes, civil suits under federal law, and civil suits between citizens of different states where amount is over 50,000

Question 8

Courts of appeal

Answer 8

only have appellate jurisdiction: no cases go to them first - may review any final decisions of district courts and may review and enforce orders of many regulatory agencies - usually 3 judges but important cases may have more

Question 9

Plaintiff

Answer 9

person bringing the charges (first - second when appealed)

Question 10

Defendant

Answer 10

person charged (second - first when appealed)

Question 11

Criminal vs. civil law

Answer 11

criminal - individual is charged with violating a specific law
civil - no charge of criminality, but one person accuses the other of violating their rights

Question 12

Class action suits

Answer 12

permits a small number of people to represent all other people similarly situated - Brown v. Board (many people, not just Brown)

Question 13

Solicitor general

Answer 13

represents the government to the Supreme Court

Question 14

Department of Justice members

Answer 14

Attorney general, solicitor general, other attorneys, and assistant attorneys who must also serve as defense lawyers if the government is being sued

Question 15

Public defenders

Answer 15

lawyers provided to people who cannot afford personal lawyers - Gideon v. Wainwright

Question 16

Gideon v. Wainwright

Answer 16

determined that all accused persons in state as well as federal criminal trials should be supplied a lawyer, free if necessary (incorporated 6th amendment)

Question 17

Grand jury

Answer 17

usually 23 people tasked with indictments and determining if a case goes to trial by reviewing the evidence - regular juries usually have 12 people

Question 18

Judges in criminal cases

Answer 18

determine sentence/punishment, not the verdict

Question 19

Writ of certiorari

Answer 19

“to be made more certain” - means of bringing a case to the Supreme Court - a petition to review a case from the lower courts - rule of four

Question 20

Rule of four

Answer 20

at least four judges must approve the writ of certiorari and decide to hear the case for it to be heard by the Supreme Court

Question 21

Amicus curiae

Answer 21

“friend of the court” - individuals, organizations, or government agencies submit their opinion on a case to try to get the judges to rule in favor of their opinion - judicial lobbying

Question 22

Majority opinion

Answer 22

Official opinion of the court

Question 23

Dissenting opinion

Answer 23

opinion written by a justice who disagrees with the ruling

Question 24

Concurring opinion

Answer 24

opinion written by a justice who agrees with the ruling, but for different reasons than the majority opinion

Question 25

Judicial implementation

Answer 25

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

Question 26

Adversarial system

Answer 26

a neutral arena in which two parties present opposing point of view before an impartial arbiter (a judge) - based on the assumption that justice will emerge from the struggle

Question 27

Judicial restraint

Answer 27

judges play minimal policy-making roles, leaving policy decisions to the other two branches (supported because judicial branch is least democratic, so they are not qualified to determine policy)

Question 28

Judicial activism

Answer 28

judges make policy decisions and interpret the Constitution in new ways - don’t necessarily decide based on constitutionality, but to further their political, ideological agenda