Fed Gov (judicial Politics)

Question 1

has taken the lead in deciding many of the most heated issues of American politics.

Answer 1

the Supreme Court, and the federal judiciary

Question 2

it is the______ that ultimately decides whether Congress, the president, the states, and their local governments have acted constitutionally.

Answer 2

Supreme Court

Question 3

The power of_____ is the power to invalidate laws of Congress or of the states that conflict with the U.S. Constitution.

Answer 3

judicial review

Question 4

Winch court case is an example of judicial review and the most important judicial check on congressional power.

Answer 4

Marbury v. Madison (1803)

Question 5

Brown v. Board of Education of Topeka

Answer 5

declaring segregation of the races in public schools to be unconstitutional, struck down the laws of 21 states

Question 6

Roe v. Wade

Answer 6

the constitutional right to abortion, struck down antiabortion laws in more than 40 states.

Question 7

the general trend has been for the U.S. Supreme Court to strike down more_____ laws as unconstitutional. In contrast, the Court has been relatively restrained in its rejection of ______ laws

Answer 7

state, federal

Question 8

In Youngstown Sheet & Tube Co. v. Sawyer, in 1952, it declared President_____’s seizure of the nation’s steel mills during the Korean War to be illegal.

Answer 8

Harry Truman

Question 9

In 1974, it ordered President_____ to turn over taped White House conversations to the special Watergate prosecutor, leading to his forced resignation.

Answer 9

Richard Nixon

Question 10

And in 1997, the Court held that President_____ was obliged to respond to a civil suit even while serving in the White House

Answer 10

Bill Clinton

Question 11

which means the issue has already been decided in earlier cases, is a fundamental notion in law

Answer 11

Stare decisis

Question 12

gives stability to the law

Answer 12

Precedent

Question 13

is the power of a court to hear a case in question.

Answer 13

Jurisdiction

Question 14

refers to a particular court’s power to serve as the place where a given case is initially argued and decided.

Answer 14

Original jurisdiction

Question 15

is a particular court’s power to review a decision or action of a lower court.

Answer 15

Appellate jurisdiction

Question 16

are requests that a higher court review cases decided at a lower level. In the Supreme Court, certain cases are designated as appeals under federal law; formally, these must be heard by the Court.

Answer 16

Appeals

Question 17

are the original jurisdiction trial courts of the federal system. Each state has at least one______, and larger states have more (New York, for example, has four). There are about 800 federal district judges, each appointed for life by the president and confirmed by the Senate.

Answer 17

District courts

Question 18

called to hear evidence and, if warranted, to indict a defendant by brining formal criminal charges

Answer 18

Grand juries

Question 19

Regular juries

Answer 19

Petit

Question 20

which determine guilt or innocence

Answer 20

Juries

Question 21

Federal______ are appellate courts. They do not hold trials or accept new evidence but consider only the records of the trial courts and oral or written arguments (briefs) submitted by attorneys.

Answer 21

Circuit courts

Question 22

are documents submitted by an attorney to a court, setting out the facts of the case and the legal arguments in support of the party represented by the attorney.

Answer 22

Briefs

Question 23

Because victims require compensation for actual damages, incurred by the wrongdoing of others, liability laws protect all of us. When someone sues over a “civil duty” (rather than over a contract) it is called a

Answer 23

Tort claim

Question 24

is an area of legislation dedicated to limiting either the circumstances under which one can sue, the amount of financial compensation (damages) someone can receive, or the circumstances under which someone is responsible for attorneys’ fees in an unsuccessful lawsuit.

Answer 24

Tort reform

Question 25

Courts enforce contracts and award damages to victims of negligence in

Answer 25

Civil cases

Question 26

The _______ depends on quality of argument on each side, which means it often depends on the capabilities of attorneys.

Answer 26

Adversarial system

Question 27

To bring an issue into court as a case, individuals or firms or interest groups must have______; that is, they must be directly harmed by a law or action.

Answer 27

Standing

Question 28

The party initiating a suit and claiming damages is the

Answer 28

Plaintiff

Question 29

the party against whom a suit is brought is the

Answer 29

Defendant

Question 30

are cases brought into court by individuals on behalf of not only themselves but also of all other persons “similarly situated.” That is, the party bringing the case is acting on behalf of a “class” of people who have suffered the same damages from the same actions of the defendant.

Answer 30

Class action suits

Question 31

A _______ generally refers to recruitment based on a nominee’s stand on a single issue. Since the Supreme Court ruling on Roe v. Wade (1973), however, the single issue of abortion has come to dominate the politics of judicial recruitment.

Answer 31

Litmus test

Question 32

Most cases reach the Supreme Court when a party in a case appeals to the Court to issue a_____ (literally to “make more certain”), a decision by the Court to require a lower federal or state court to turn over its records on a case.

Answer 32

writ of certiorari

Question 33

Once the Supreme Court places a case on its decision calendar, attorneys for both sides submit written briefs on the issues. The Supreme Court may also allow interest groups to submit_____(literally, “friend of the court”) briefs. This process allows interest groups direct access to the Supreme Court.

Answer 33

amicus curiae

Question 34

In the case of a split decision, the Chief Justice may take on the task of writing the______ or assign it to another justice in the majority. If the Chief Justice is in the minority, the senior justice in the majority makes the assignment. Writing the opinion of the Court is the central task in Supreme Court policy making.

Answer 34

majority opinion

Question 35

A______ is an opinion by a member of a court that agrees with the result reached by the court in the case but disagrees with or departs from the court’s rationale for the decision.

Answer 35

concurring opinion

Question 36

A _______ is an opinion by a member of a court that disagrees with the result reached by the court in the case.

Answer 36

dissenting opinion