The Federal Judiciary

Question 1

bald

Answer 1

chauve

Question 2

below

Answer 2

en dessous

Question 3

acquittal

Answer 3

the decision resulting from finding the accused “not guilty”. The court thus acquits the defendant

Question 4

advisory opinion

Answer 4

here comes from advice n.[U]. US courts do not give advice
when there is no concrete case to decide

Question 5

appellant

Answer 5

the person who appeals a court decision. Note the spelling

Question 6

appellee

Answer 6

the person appealed against

Question 7

appellate jurisdiction

Answer 7

authority to hear cases on appeal. The USSC and the US circuit
courts have appellate jurisdiction

Question 8

bring (v.t) an action

Answer 8

One could also say “take sb to court”. The expression could
be used for a civil or a criminal action, but for a criminal case “prosecute sb” is more commonly
found

Question 9

claim

Answer 9

This word for a civil action suggests both a declaration and a demand. In a different
context, pioneers traveled west in North America and made claims to the land on which they
settled: they declared the right to own it

Question 10

concurrent jurisdiction

Answer 10

Two courts or court systems with concurrent jurisdiction
have equal authority to decide given cases. In other contexts, “concurrent” often means
“existing or acting together”, from concur v.i., which can also mean “agree”

Question 11

defendant

Answer 11

The term can apply to the accused in a criminal trial or to the party against
whom a civil action is brought

Question 12

discretionary

Answer 12

left to one’s choice or judgment. SC justices may grant or deny cert at
their discretion

Question 13

diversity of citizenship

Answer 13

the fact that parties in a civil suit are citizens (residents) of
different states.

Question 14

error of law

Answer 14

A mistake made in interpreting or applying the law in a case does not call
the facts of the case into question.

Question 15

evidence

Answer 15

Evidence is not quite the same as proof n.[U]. Each side in a case presents
evidence in the hope that it will be considered factual proof by the jury or judge.

Question 16

File

Answer 16

submit and register (a legal document). Other definitions are quite different, as for
the noun.

Question 17

findings of facts

Answer 17

After both sides have presented evidence at trial, the jury chooses all
the details it considers to be true and factual to determine the verdict. The results, what the
jury has found to be true, are its findings.

Question 18

judicial activism

Answer 18

This term would infer that a federal court decision interpreted the
Constitution in a highly flexible manner. It is often used pejoratively, to imply that judges have
ruled on the basis of political considerations rather than the law

Question 19

judicial restraint

Answer 19

This term would infer that a federal court decision interpreted the
US Constitution in a limited manner, which avoided.

Question 20

judicial review

Answer 20

(in the US system) examination by a court of an act of the legislative
or executive branch (federal or state) to determine whether or not the act conforms to the US
Constitution.

Question 21

judiciary

Answer 21

judicial branch of government. Note that noun and adj. are different

Question 22

jurisdiction

Answer 22

judicial power or authority. A court has jurisdiction in defined areas

Question 23

justice

Answer 23

Referring to a person, the term is usually used for a judge of high rank.

Question 24

lawsuit

Answer 24

civil action. The term derives from “suit at law” and the verb “sue”

Question 25

life tenure

Answer 25

the right to hold a position or office for life

Question 26

litigant

Answer 26

party in a civil action

Question 27

litigation

Answer 27

legal conflict in court. This can refer to lawsuits in general or to the idea of
one lawsuit, as in, “He is involved in litigation.”

Question 28

opinion

Answer 28

A SC decision is based on the opinion of the majority of justices. (cf. plurality,
concurring, and dissenting opinions, also published.)

Question 29

oral argument

Answer 29

Each side in a Supreme Court hearing is allowed 30 minutes to argue
its case.

Question 30

original jurisdiction

Answer 30

the power of a court to hear (try) a case for the first time

Question 31

petition for a writ of certiorari

Answer 31

formal letter submitted by a party (petitioner here),
seeking review of its case by asking the USSC to grant a writ (a kind of order) that would
instruct the lower court to transmit the case

Question 32

plaintiff

Answer 32

party that brings a civil action against another

Question 33

precedent

Answer 33

rule of law (in a court decision) that must be followed by other courts under
certain conditions

Question 34

preside over

Answer 34

to lead; however, note that the Chief Justice’s vote carries no more weight
than that of any other justice.

Question 35

respondent

Answer 35

This is the equivalent of the appellee in some circumstances, as in certiorari
cases

Question 36

rule of four

Answer 36

the rule that the Supreme Court will grant a writ of certiorari only if four of
the nine justices are in favor of hearing a case submitted by petition Another SC rule is that a
quorum of six justices is required to render a decision.
*ruling n., judicial decision, judgment. A judge rules v., or judges rule, in a case

Question 37

stare decisis

Answer 37

the concept connected to legal doctrine that obligates courts to follow historical
cases when making a ruling on a similar case.

Question 38

subject-matter jurisdiction

Answer 38

a court’s power or authority to hear certain types of
cases

Question 39

sue

Answer 39

bring an action against

Question 40

suit

Answer 40

civil action, lawsuit

Question 41

trial

Answer 41

the process of examining and deciding a case at first instance in a court

Question 42

try

Answer 42

a case – A civil or criminal case is tried, in the sense of being tested for the facts, when
it is examined and decided by a court at first instance. In a criminal case only, it can also be
said that court tries the defendant, that the accused is tried. Another verb is used more broadly
(original and appellate jurisdiction): “A court hears a case.”

Question 43

writ of certiorari

Answer 43

when an appellate court decides to review a case, normally at their
discretion