SCOTUS Quiz Flashcards
Lowest tier of federal court system
District Courts
Has 94 districts and hears federal criminal and civil matters with nearly 700 justices
District Courts
If four justices of the Supreme Court agree to hear a case, the appeal is granted
Rule of Four
The right of the court to determine the constitutionality of a law or executive order
Judicial Review
Issued by the Supreme Court to the lower court informing it of the Court’s decision to hear the case and request the full trial transcript
Writ of Certiorari
“to make more certain”
An opinion by a justice who agrees with the majority but has reservations about the majority’s legal reasoning
Concurring Opinion
Solicitor general may submit one to the Supreme Court in cases where the US is not a party
Amicus curiae
“friend of the court” brief
Highest tier of federal court system
Original jurisdiction in unique cases; appeals from circuits and top state courts
Supreme Court of the United States
Has 9 justices, hears 80-100 cases from October to June
Supreme Court of the United States
A decision issued by the Court without the full explanation
Per Curium
Belief that in a democracy, elected representative legislatures should create policy, not judges/ courts
Judicial Restraint
Middle tier of federal court system
Appeals from district courts
US Court of Appeals (Appellate)
Has 11 courts with nearly 200 justices that sit in panels of three
US Court of Appeals (Appellate)
Current Chief Justice of the Supreme Court; guides with judicial minimalism
John Roberts
The quick determination of an appointee’s political philosophy
Litmus Test
Senators typically recommend judges to the White House; individual senators also have veto power over nominees located within their respective states
Senatorial Courtesy
When a judge considers past decisions made in other districts or rulings in other circuits as a guiding basis for their decision
State decisis
“let the decision stand”
The Court’s judgement and reasoning on a case is called
Majority OpinionA
Federalist appointed as chief justice by President John Adams; strengthened national powers; strong sense of nationalism
John Marshall
Chief justice of Supreme Court appointed in 1953 as a conservative, but quickly extended many liberties
Earl Warren
When judges strike down laws or reverse public policy
Judicial Activism
An opinion that allows a justice who disagrees with the majority to explain his disagreements with his colleagues
Dissenting or Minority Opinion
Allows the government and the defendant to agree to a lesser sentence in exchange for the defendant’s guilty plea
Plea Deal
Bargain
Cases in which the two parties reside in different states
Diversity citizenship
(May automatically be Federal)