Judicial Branch (on vocab quiz)

Question 1

Types of Law

Civil Law

Answer 1

Rules to settle disputes among private citizens.

Question 2

Types of Law

Criminal Law

Answer 2

Rules defining offenses against society as a whole and for which conviction could result in a prison term.

Question 3

Documents

amicus curiae

Answer 3

A Latin term meaning “friend of the court.” Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side. (A way of SIGs to “lobby the court”)

Question 4

Documents

brief (and what it states)

Answer 4

A legal document submitted to the Court in an appeal. (each side submits)

a) It states the facts of a case, summarizes any lower court decisions on the case,
b) gives the arguments for the side represented by the lawyer filing the brief,
c) discusses decisions in other cases that bear on the issue.

Question 5

Documents

in forma pauperis
(as a beggar)

Answer 5

A petition filed with the U.S. Supreme Court by a poor person. The normal $300 filing fee is waived for such petitions.

Question 6

Documents

remedy

Answer 6

A court order stating what must be done to correct a situation a judge believes to be wrong.

Question 7

Documents

writ of certiorari

Answer 7

An order issued by the Supreme Court to a lower court to send the file of a case to the SC on appeal. A vote of four justices is needed to issue the writ. Only about 3 or 4 percent of all appeals are accepted.

Question 8

Documents

Writ of mandamus

Answer 8

An order by the Supreme Court to a lower court or govt official to do something they are supposed to do according to the law.

Question 9

People

plaintiff

Answer 9

The party that files the lawsuit

Question 10

People

solicitor general

Answer 10

High ranking officer in the Justice Department, who decides what cases the federal government will appeal from lower courts and personally approves every case the government presents to the Supreme Court.

Question 11

Concepts

dual sovereignty

Answer 11

A doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each authority prosecuting under its own law.

Question 12

Concepts

judicial review

Answer 12

The right of federal courts to declare laws of Congress and acts of the executive branch unconstitutional (voids the law/act)

Question 13

Concepts

“litmus test”

Answer 13

A political criterion (such as view on abortion) used by presidents in selecting and senators in confirming judges to nominate to federal courts.

Question 14

Concepts

Precedent

Answer 14

A decision in a SCOTUS case which serves as the example in future cases

Question 15

Concepts

senatorial courtesy

Answer 15

The tradition by which the Senate will not confirm a district court judge if the senator who is from that state and of the president’s party objects.

Question 16

Concepts

sovereign immunity

Answer 16

Forbids a person from suing the government without its consent. Congress has given its consent for the government to be sued in many cases involving disputes over contracts or damage done as a result of negligence.

Question 17

Concepts

Standing
(rules)

Answer 17

Refers to who is entitled to bring a case. Can’t bring a case to the Court if you don’t have standing

Three basic rules govern standing:
a) There must be an actual controversy between real adversaries.
b) The person bringing suit must show that he or she has been harmed by the law or practice involved in the complaint.
c) Merely being a taxpayer does not entitle a person to challenge the constitutionality of a gov’t action. (need to have a stake in the case)

Question 18

Concepts

stare decisis (“let the decision stand”)

Answer 18

An informal rule where judges try to follow precedent in deciding cases. That is, a court case today should be settled in accordance with prior decisions on similar cases.

Question 19

Concepts

“Court Packing”

Answer 19

An attempt by FDR to expand the size of the Sup. Ct. so he could add several new justices who favored his New Deal programs. Congress, despite being from the same party (Dem), declined.

Question 20

Concepts

Justiciable dispute

Answer 20

concept that the SC only takes “real cases” that can have legal solution, not hypothetical situations

Question 21

Concepts

fee shifting

Answer 21

allowing the plantiff to get money from the defendant for costs if plantiff wins