Judiciary Key Terms

Question 1

the list of cases on a court’s schedule

Answer 1

docket

Question 2

the branch of law that regulates the conduct of individuals, defines crimes, and provides punishments for criminal acts

Answer 2

criminal law

Question 3

the legal principle that the evidence presented in a trial must allow for no other reasonable explanation than the one given; the phrase “guilty beyond a reasonable doubt” is part of the instruction given by a judge to a jury in a criminal case

Answer 3

beyond a reasonable doubt

Question 4

the branch of law that concerns relationships between private parties

Answer 4

civil law

Question 5

the obligation in a legal case to prove allegations by presenting strong supporting evidence; in a criminal case this burden rests on the prosecution and in a civil case it rests on the plaintiff

Answer 5

burden of proof

Question 6

the idea that the weight of the plaintiff’s evidence in a civil trial clearly points to the defendant being at fault

Answer 6

preponderance of evidence

Question 7

money paid by the liable party in a lawsuit to compensate for losses suffered by the plaintiff

Answer 7

damages

Question 8

the person or party in a criminal trial who is charged with committing a crime, or the person or party being sued in a civil case

Answer 8

defendant

Question 9

the attorneys representing the government and the people in a criminal case

Answer 9

prosecution

Question 10

the person or party who brings a lawsuit, or legal action, against another party in a civil case

Answer 10

plaintiff

Question 11

the questioning of a witness in court by an attorney for the opposing side

Answer 11

cross-examination

Question 12

a court’s authority to hear a case for the first time, before it appears in any other court

Answer 12

original jurisdiction

Question 13

a court’s authority to review decisions made in lower courts

Answer 13

appellate jurisdiction

Question 14

the authority of a court to hear cases on a variety of subjects

Answer 14

general jurisdiction

Question 15

the right of certain courts to hear only specialized kinds of cases, such as traffic violations or bankruptcy issues

Answer 15

limited jurisdiction

Question 16

an election in which voters are asked to confirm or reject a judge’s appointment to office

Answer 16

retention election

Question 17

a court case in which a judge, not a jury, decides the outcome

Answer 17

bench trial

Question 18

the practice of making special efforts to admit, recruit, or hire members of disadvantaged groups

Answer 18

affirmative action

Question 19

a court in which officers from the armed forces serve as both judge and jury

Answer 19

military tribunal

Question 20

a rule that allows a senator to block the nomination of an official to a federal position, such as a judgeship, in his or her home state

Answer 20

senatorial courtesy

Question 21

the process by which a senator can block the nomination of a federal official, such as a judge, who comes from his or her home state; the blue slip refers to a blue approval form that senators may or may not choose to sign

Answer 21

blue-slip policy

Question 22

the personal qualities considered important in a judge, such as patience, compassion, and commitment to equal justice

Answer 22

judicial temperament

Question 23

an order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review

Answer 23

writ of certiorari

Question 24

a written document drawn up by an attorney that presents the facts and points of law in a client’s case

Answer 24

legal brief

Question 25

a legal document submitted to a court by a group not party to a particular case but wishing to influence the court’s decision in that case; amicus curiae means “friend of the court”

Answer 25

amicus curiae brief

Question 26

the phase in a Supreme Court case when attorneys from both sides present their views on the case

Answer 26

oral argument

Question 27

a legal doctrine requiring lower courts to honor rulings made by higher courts

Answer 27

stare decisis

Question 28

a document issued by the Supreme Court that states the reasons for its decision as determined by the majority of justices

Answer 28

majority opinion

Question 29

a document issued by Supreme Court justices who disagree with a Court decision, stating the reasons for their dissent

Answer 29

dissenting opinion

Question 30

a document issued by Supreme Court justices who agree with a Court decision, but for different reasons than those expressed in the majority opinion

Answer 30

concurring opinion

Question 31

the principle that the Supreme Court should use its power of judicial review to overturn bad precedents and promote socially desirable goals

Answer 31

judicial activism

Question 32

the principle that judicial review should be used sparingly, especially in dealing with controversial issues

Answer 32

judicial restraint

Question 33

Congress enacted to create a dual court system

Answer 33

Judiciary Act of 1789

Question 34

A case that the court declared a portion of the Judiciary Act of 1789 to be unconstitutional, thus establishing the power of the judiciary to review the constitutionality of legislative or executive actions

Answer 34

Marbury v. Madison

Question 35

A case in which the court summed up what it means to declare an act of Congress or the president unconstitutional. Essentially makes it powerless and not a law

Answer 35

Norton v. Shelby County

Question 36

Case in which a school was found guilty for violating the amendment that everyone has equal protection under the law

Answer 36

Hopwood v. Texas

Question 37

landmark decision by the Supreme Court of the United States. It upheld affirmative action, allowing race to be one of several factors in college admission policy.

Answer 37

University of California v. Bakke

Question 38

voluntary association of lawyers

Answer 38

American Bar Association

Question 39

group that reviews and confirms supreme justice nominations

Answer 39

Senate Judiciary Committe