POS 101 Week 8

Question 1

American Law

Answer 1

Common law system based on the US Constitution, federal statutes, administrative rules and regulations, and case law

Question 2

US Constitution

Answer 2

Supreme law of the land setting forth the general organization, power, and limits of the government

Question 3

Statutes

Answer 3

Laws enacted by the legislature

Question 4

Administrative law

Answer 4

Rules and regulations issued by administrative agencies

Question 5

Case law

Answer 5

Judicial interpretations of constitutional law, statutory law, and administrative law

Question 6

Article III, US Constitution

Answer 6

Creates the judicial branch of government including the US Supreme Court to decide cases and interpret laws

Question 7

Judicial review

Answer 7

Power of the Supreme Court in policy-making role established in marbury v. Madison to check other branches of government

Question 8

Judicial activism

Answer 8

Doctrine holding that the Supreme Court should take an active role in using its powers to check the activities of other branches of government that exceeds their authority

Question 9

Judicial restraint

Answer 9

Doctrine holding that the Supreme Court should defer to the decisions made by elected representatives of the other branches of government

Question 10

Common law

Answer 10

Judge-made law that came from England

Question 11

Precedent

Answer 11

Binding authority of a higher court over a lower count

Question 12

Stare decisis

Answer 12

Obligates a judge to follow precedents established in previous cases by their or higher courts

Question 13

Strict construction

Answer 13

Belief that courts should look to the letter of the law when interpreting the Constitution or federal statutes

Question 14

Broad construction

Answer 14

Belief that courts should look to the context and purpose of a law when making an interpretation

Question 15

Federal court jurisdiction

Answer 15

Authority of a federal court to decide certain cases including federal question or diversity of citizenship

Question 16

Federal question

Answer 16

Based on US Constitution, treaty or federal law

Question 17

Diversity of citizenship

Answer 17

when parties to a lawsuit come from different states or involves a foreign citizen or government

Question 18

General jurisdiction

Answer 18

a court may generally hear a broad range of cases

Question 19

Limited jurisdiction

Answer 19

a court is restricted to hear only certain types of cases

Question 20

Federal Court system

Answer 20

three tiered judicial model consisting of US district courts, US courts of appeal, and the US Supreme Court. District court cases may be appeal to the US courts of appeal and US courts of appeal may sometimes be appealed to the US Supreme Court

Question 21

US District Courts

Answer 21

federal trial courts and various lower courts where most cases begin

Question 22

US Courts of Appeal

Answer 22

federal courts that review decisions of lower courts

Question 23

US Supreme Court

Answer 23

highest federal court whose decision is final

Question 24

Writ of Certiorari

Answer 24

order of a higher court to send up the record of a lower court for review

Question 25

Rule of Four

Answer 25

procedure by which four justice must votes to grant a petition to come before the Supreme Court

Question 26

Federal judges

Answer 26

appointed by the President and confirmed by the Senate; may hold office for life, barring gross misconduct

Question 27

Senatorial Courtesy

Answer 27

tradition that permits a senator to veto a federal judge nominated from their state

Question 28

Litigate

Answer 28

to carry on a lawsuit

Question 29

Civil Lawsuit

Answer 29

action by individuals or groups against other individuals or groups

Question 30

Class Action Suit

Answer 30

action on behalf of all similarly situated persons

Question 31

Criminal prosecution

Answer 31

action by the state against those charged with crimes

Question 32

Judicial opinions

Answer 32

statement regarding the court's ruling in a case

Question 33

Unanimous opinion

Answer 33

all judges agree on the case outcome

Question 34

Majority opinion

Answer 34

most of the judges agree on the case outcome

Question 35

Concurring opinion

Answer 35

separate opinion of a judge who agrees with the case outcome, but wants to clarify or disagree with the reasoning

Question 36

Dissenting

Answer 36

separate opinion of a judge who disagrees with the case outcome and wants to make their views known

Question 37

Checks on the Judicial Branch

Answer 37

limits the extent to which courts can exercise judicial review

Question 38

Executive checks

Answer 38

the decision by the President to enforce a judicial decision

Question 39

Legislative checks

Answer 39

decisions by the legislative branch not to support a judicial decision through underfunding, constitutional amendments, or new legislation

Question 40

Public opinion

Answer 40

judicial implementation requires the cooperation of citizens and government officials

Question 41

Judicial Traditions and Doctrines

Answer 41

the exercise of restraint by the judiciary to avoid conflicts the other branches of government and the refusal to hear meritless or political cases