Judicial Unit

Question 1

Criminal Case

Answer 1

Violates criminal law, codes of behavior related to the protection of property and individual safety.

Question 2

Civil Case

Answer 2

Violates civil law, codes of behavior related to business and contractual relationships between groups and individuals

Question 3

Original Jurisdiction

Answer 3

The jurisdiction of courts that hear a case first, usually in a trial. Courts determine the facts of a case under their original jurisdiction.

Question 4

Appellate Jurisdiction

Answer 4

The power vested in an appellate court to review and/or revise the decision of a lower court

Question 5

Litigant

Answer 5

A plaintiff or a defendant in a case.

Question 6

Class Action Suit

Answer 6

Cases which permit a small number of people to sue on behalf of all other people similarly affected

Question 7

Senatorial Courtesy

Answer 7

A process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs. Confers with federal judicial appointments.

Question 8

District Court

Answer 8

Handle 90% of all federal cases, uses of grand juries, A petit (trial) jury decides the outcome, Use of magistrates to issue warrants, hold preliminary hearings, and set bail, original jurisdiction, May try civil, criminal, or constitutional cases, Decisions may be appealed to Courts of Appeals, Lots of turnover among judges (moving up or out), the entry point for most federal litigations

Question 9

Circuit Court of Appeal

Answer 9

13 in United States, Cases are tried by a panel of three judges, except when all judges of a Circuit Court hear a case “en banc.” (Entire group of judges of the court – more than just the panel), appellate jurisdiction, Decisions may be appealed to the Supreme Court, courts which have the power to review all final decisions of district courts, except in instances requiring direct review by the Supreme Court

Question 10

U.S. Supreme Court

Answer 10

Final interpreter for the U.S. Constitution, ensures uniformity in the interpretation of national laws and the constitution, resolves conflicts among the states, and maintains supremacy of the national law in the federal system

Question 11

Writ of Certiorari

Answer 11

A request for the Court to order up the records from a lower court to review the case

Question 12

Solicitor General

Answer 12

4th in gov heirarchy. Responsible for handling all appeals on behalf of the US government to the Supreme Court

Question 13

Amicus Curiae Brief

Answer 13

“Friend of the court”; a third party to a lawsuit who files a legal brief for the purpose of raising additional points of view in attempt to influence a courts decision

Question 14

Opinion (types)

Answer 14

A statement of the legal reasoning behind the decision –> Dissenting, Concurrence, Unanimous, Majority

Question 15

Concurrence

Answer 15

An opinion that supports the majority decision, but also stresses a different constitutional or legal basis for the judgment

Question 16

Dissent

Answer 16

An opposing opinion to all or part of the majority’s decision

Question 17

Stare Decisis

Answer 17

In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases

Question 18

Precedent

Answer 18

Prior judicial decision that serves as a rule for settling subsequent cases of a similar nature

Question 19

Judicial Restraint

Answer 19

A philosophy of judaical decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own sense of principles.

Question 20

Judicial Activism

Answer 20

A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty

Question 21

Statutory Construction

Answer 21

A procedure in which the legislature passes legislation that clarifies existing laws so that the clarification has the effect of overturning the court’s decision. How we look at a decision

Question 22

Original Intent

Answer 22

The theory that judges should determine the intent of the framers and decide in line with their intent.

Question 23

Strict Constructionism

Answer 23

An approach to the constitutional interpretation that emphasizes the Framers’ original intentions

Question 24

Standing

Answer 24

Litigants must have serious interest (sustained direct and substantial injury) from a party in a case

Question 25

Rule of Four

Answer 25

At least four justices of the S.C. must vote to consider a case before it can be heard

Question 26

Judicial Review

Answer 26

Power of the courts to review acts of other branches of government and the states

Question 27

Per Curiam

Answer 27

by the court as a whole rather than by a single justice and usually without extended discussion

Question 28

Supreme Court Eras from 1950

Answer 28

Warren Court and Burger Court - Activist