Section Two - Judicial Branch

Question 1

Civil cases

Answer 1

: Court cases based on civil law, not criminal law. Civil law regulates disagreements between
individuals and companies, individuals and government agencies, and foreign individuals or
governments, including questions of constitutionality.

Question 2

Criminal cases

Answer 2

Court cases based on crimes which cause harm to other persons or property.
Government attorneys will prosecute those who are accused of breaking criminal laws.

Question 3

common law

Answer 3

The form of law that is based on custom, precedent, and court decisions in England,
rather than on legislative decree.

Question 4

jurisdiction

Answer 4

The particular area or territory officially assigned to a Judge to receive and decide court
cases. The US Supreme Court has both original and appellate jurisdiction. Original Jurisdiction means
the power of a a court to hear& decide a court case originally, or first. Appellate Jurisdiction is the
power of a court to judge court cases appealed up to them.

Question 5

judicial review

Answer 5

A principle that courts have the power to overturn laws passed by Congress and even
actions of the president if such laws or actions conflict with the Constitution. This power was established
in the case Marbury v. Madison

Question 6

judicial restraint

Answer 6

A viewpoint that judges should be reluctant to overturn the acts of Congress, the
President, or the states, deferring decisions (and thus, policymaking) to elected branches of
government. Proponents of judicial restraint focus on a narrow, strict interpretation of the Bill of Rights.

Question 7

strict constructionist

Answer 7

An approach to interpreting the Constitution based on the idea that the national
government can only do those things which are specifically mentioned in the Constitution.

Question 8

stare decisis

Answer 8

Meaning “let the decision stand,” this is a principle that courts should rely on previous
decisions and established precedents (a preceding court case’s decision) as they make decisions.

Question 9

judicial activism

Answer 9

A viewpoint that U.S. courts should defend individual rights and liberties and stop
actions by other branches of government that they see as infringing on those rights

Question 10

loose construction

Answer 10

An approach to interpreting the Constitution based on the idea that judges can
reinterpret constitutional language to create new legal standards, appropriate for changing conditions.

Question 11

amicus briefs

Answer 11

A legal written argument (that is, a “brief”) filed with a court by an individual or group
who is not a party to a case but has an interest in the case’s outcome, such as an interest group.