Quiz 10

Question 1

Judge-made law grounded in tradition and previous judicial decisions, instead of in written law

Answer 1

Common Law

Question 2

Previous cases with similar facts that judges identify for use in a new case they are deciding; judges apply the legal principles used in the precedent cases to decide the legal dispute they are currently resolving

Answer 2

Precedents

Question 3

The body of law that comes out of the courts in cases involving the interpretation of the Constitution

Answer 3

Constitutional Law

Question 4

The compilation of a state’s criminal law (legislation that defines crime) into one document

Answer 4

Penal Code

Question 5

The body of law dealing with conduct so harmful to society as a whole that it is prohibited by statute, and is prosecuted and punished by the government

Answer 5

Criminal Law

Question 6

The body of law dealing with disputes between individuals, between an individual and corporations, between individuals and their governments over harms caused by a party’s actions or inactions

Answer 6

Civil Law

Question 7

Situation when a person’s body or property is harmed by another person’s negligence or other wrongful act, other than the violation of a contract

Answer 7

Tort

Question 8

A judicial system in which two parties in a legal dispute each present its case and the court must determine which side wins the dispute and which loses

Answer 8

Adversarial Judicial System

Question 9

Judicial authority to hear cases for the first time and to determine guilt or liability by applying the law to the facts presented

Answer 9

Original Jurisdiction

Question 10

A trial in which a group of people selected to hear the evidence presented decides on guilt or liability

Answer 10

Jury Trial

Question 11

The highest court in a court system

Answer 11

Court of Last Resort

Question 12

The leading justice on the Supreme Court, who provides both organizational and intellectual leadership

Answer 12

Chief Justice

Question 13

Title of the eight Supreme Court justices who are not the chief justice

Answer 13

Associate Justice

Question 14

The person appointed to represent the federal government in all appeals before the Supreme Court

Answer 14

Solicitor General

Question 15

A custom whereby the Senate will not confirm a presidential nominee if the nominee is opposed by one (or both) senators from the nominee’s home state

Answer 15

Senatorial Courtesy

Question 16

Description of the facts of a case filed with the Supreme Court, they pertinent legal arguments, and a recommendation as to whether the case should be taken, written by one of the justices’ law clerks and reviewed by all justices participating in the pool process

Answer 16

Cert Memo

Question 17

Practice by which the Supreme Court justices determine if they will hear a case if four or more justices want to hear it

Answer 17

Rule of Four

Question 18

Written by a justice’s law clerk, a summary of the case, outlining relevant facts and issues presented in the case documents and briefs, that may also suggest questions to be asked during oral arguments

Answer 18

Bench Memo

Question 19

A judicial opinion disagreeing both with the majority’s disposition of a case and with their legal interpretations and conclusions

Answer 19

Dissenting Opinion

Question 20

View that legal interpretation of the Constitution can and should adapt to changing social customs and norms

Answer 20

Living Constitution