exam #3 chapter 13

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

brief

Answer 2

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

Question 3

common law (case law)

Answer 3

created through court decisions
– stare decisis (stand by things decided) principle

Question 4

criminal law

Answer 4

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

Question 5

judicial activism

Answer 5

judges allowing their personal or political views to guide decisions when rendering judgment on a case

Question 6

judicial restraint

Answer 6

judges deferring to policy judgments of the elected branches of govt. (legislative and executive) and adhering to legal precedent (prior court decisions

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

Question 7

oral arguments

Answer 7

normally one hour with lawyers for each side getting 30 minutes
– justices often interrupt attorneys with questions
– only part of the court’s work open to the public

Question 8

precedent

Answer 8

The U.S. court system operates on the principle of stare decisis (Latin for “stand by things decided”). This means that
today’s decisions are based largely on rulings from the past and tomorrow’s rulings rely on what is decided today.

• Stare decisis is important in the U.S. common law system, in
  which the consistency of precedent ensures greater certainty
  and stability in law and constitutional interpretations.Precedent in the court’s operations, part 1

Question 9

Solicitor General

Answer 9

is the lawyer who represents the federal
government before the Supreme Court.

• Most of the cases the solicitor general brings to the Court will be given a place on the docket; about two-thirds of these involve the
  federal government

Question 10

statutory law

Answer 10

Statutory law or statute law is written law passed by a body of legislature

Question 11

District Courts

Answer 11

riginal jurisdiction (trial) courts
– currently 94 geographically based courts

Question 12

Circuit Courts

Answer 12

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

Question 13

Supreme Court

Answer 13

• Original
  – two or more states
  – the U.S. and a state
  – foreign ambassadors and other diplomats
  – a state and a citizen of a different state
• Appellate
  – from lower federal appellate court
  – from highest state appellate court

Question 13

Supreme Court

Answer 13

• Original
  – two or more states
  – the U.S. and a state
  – foreign ambassadors and other diplomats
  – a state and a citizen of a different state
• Appellate
  – from lower federal appellate court
  – from highest state appellate court

Question 14

Supreme Court Justice qualifications

Answer 14

Justices must be at least 35 years old, a citizen of Texas, licensed to practice law in Texas and must have practiced law (or have been a lawyer and a judge of a court of record together) for at least ten years

Question 15

majority opinion

Answer 15

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

Question 16

concurring opinion

Answer 16

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

Question 17

dissenting opinion

Answer 17

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

Question 18

appellate jurisdiction

Answer 18

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

Question 19

civil law

Answer 19

a non-criminal law defining private rights and remedies

Question 20

conference

Answer 20

When oral arguments have been concluded, the justices have to decide the case, and they do so in conference, which is held in private twice a week when
the Court is in session.
* The chief justice speaks about the case and then each
justice speaks in turn, in descending order of seniority,
ending with the most recently appointed justice.
* The judges then take an initial final vote in private
before the official announcement of the decision is
made public.

Question 21

docket

Answer 21

the list of cases pending on a court’s calendar

Once a case has been placed on the docket, briefs, or short arguments explaining each party’s view of the case, must be submitted

Question 22

judicial review

Answer 22

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 23

“murder boards”

Answer 23

a rigorous questioning session by a group of more experienced petty officers (crows, or a murder) in order to prepare them for a further oral examination conducted by higher ranked military personnel in order to attain professional qualification or some other purpose

Question 24

original jurisdiction

Answer 24

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

Question 25

Rule of Four

Answer 25

Four of the nine judges must vote to accept a case

Question 26

stare decisis

Answer 26

his means that today’s decisions are based largely on rulings from the past
and tomorrow’s rulings rely on what is decided today

Question 27

“to bork”

Answer 27

to attack or defeat (a nominee or candidate for public office) unfairly through an organized campaign of harsh public criticism or vilification