Gov Vocab 3/5

Question 1

The authority of a court to hear a case “in the first instance.”

Answer 1

Original Jurisdiction

Question 2

The authority of a court to review decisions made by lower courts.

Answer 2

Appellate Jurisdiction

Question 3

A court established by a constitution

Answer 3

Constitutional Courts

Question 4

Highly specialized courts that Congress created to help carry out functions that were at one time legislative duties

Answer 4

Legislative Courts

Question 5

Court system where state and federal matters are handled separately

Answer 5

Dual Court (like dual federalism)

Question 6

Courts of general jurisdiction, meaning that they can hear cases involving a broad array of issues

Answer 6

US District Courts

Question 7

Reviews cases decided in U.S. District Courts within the circuit

Answer 7

US Circuit Courts

Question 8

The highest court in the federal government

Answer 8

US Supreme Court

Question 9

A law that governs relationships between individuals and defines their legal rights

Answer 9

Civil law

Question 10

A law that defines crimes against the public order.

Answer 10

Criminal law

Question 11

Holding a position for life as Supreme Court justices do, unless they resign or are impeached

Answer 11

Life tenure

Question 12

The power of a court to refuse to enforce a law or a government regulation
that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.

Answer 12

Judicial Review

Question 13

The authority vested in the president to fill a government office or position

Answer 13

Presidential Appointment

Question 14

The constitutionally required consent of the Senate to appointments of high-level executive officials by the president and appointments of federal judges.

Answer 14

Senate Confirmation

Question 15

Presidential custom of submitting the names of perspective appointees for approval to senators from the states in which the appointees are to work

Answer 15

senatorial courtesy

Question 16

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

Answer 16

Judicial activism

Question 17

Philosophy proposing that judges should interpret the Constitution to reflect
what the framers intended based on laws without opinion and values.

Answer 17

Judicial restraint

Question 18

refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation

Answer 18

Strict Construction

Question 19

one favoring a liberal construction of the Constitution of the U.S. to give broader powers to the federal government

Answer 19

Loose Construction

Question 20

Basic structure of the Constitution stays the same but it grows and adjusts with our changing society

Answer 20

Living Constitution

Question 21

A question asked of a potential candidate for high office, which would determine whether the nominating official would proceed with the appointment or nomination.

Answer 21

Litmus Test

Question 22

Literally, a “friend of the court” brief, filed by an individual or
organization to present arguments in addition to those presented by the immediate parties to a
case.

Answer 22

Amicus Curiae Brief

Question 23

If four or more judges agree that a case should be heard, then it must be heard

Answer 23

Rule of Four

Question 24

A formal writ used to bring a case before the Supreme Court

Answer 24

Writ of Certiorari

Question 25

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented

Answer 25

Stare decisis

Question 26

A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.

Answer 26

Precedent

Question 27

The stage in Supreme Court proceedings in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices.

Answer 27

Oral Arguments

Question 28

A statement that presents the views of the majority of supreme court justices regarding a case

Answer 28

Majority opinion

Question 29

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning

Answer 29

Concurring opinion

Question 30

An opinion disagreeing with a majority in a Supreme Court ruling

Answer 30

Dissenting opinion

Question 31

Legislative or executive review of a particular government program or organization. Can be in response to a crisis of some kind or part of routine review.

Answer 31

Oversight

Question 32

Constitutional grant of powers that enables each of the three branches of government to check some acts of the others and therefore ensure that no branch can dominate.

Answer 32

checks and balances

Question 33

To confirm or support

Answer 33

Uphold

Question 34

when a judiciary rejects the result of a prior court proceeding

Answer 34

Overturn

Question 35

A belief that constituents are more effectively represented by legislators who are similar to them in such key demographic characteristics as race, gender, ethnicity, or religion.

Answer 35

descriptive representation

Question 36

where Congress members represent the needs and interests of everyone/ their constituents

Answer 36

substantive representation

Question 37

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Answer 37

U.S. Constitution, Article 3

Question 38

describes the process of judicial review, in which the federal courts review statutes to determine whether they are consistent with the Constitution and its statutes indicates that under the Constitution, the legislature is not the judge of the constitutionality of its own actions.

Answer 38

Federalist 78

Question 39

a landmark U.S. Supreme Court decision that established for the first time that federal courts had the power to overturn an act of Congress on the ground that it violated the U.S. Constitution.

Answer 39

Marbury v. Madison