THE judiciary Part 1

Question 1

What is judicial review

Answer 1

The right of the federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution

Question 2

How does the judicial review contrast to the parliament

Answer 2

The Parliament is supreme and no court me strike down the law that it passes

Question 3

What is the strict constructionist approach

Answer 3

The view that judges should decide cases strictly on the basis of the language of the laws in the constitution

Question 4

What is the activist approach

Answer 4

The view that judges should discern the general principles underlying laws or the constitution and apply them to modern circumstances

Question 5

What did the founding fathers think that the initial purpose of the federal courts would be

Answer 5

It would have another force Nor will but merrily judgment and thus the weakest of the three department of power

Question 6

What were the three storable errors that shape the political economic and ideological forces of the court

Answer 6

The legitimacy of the federal government and slavery

The relationship between the government and the economy

Potential conflict between social equality and personal liberty

Question 7

What is a constitutional court

Answer 7

One exercising the judicial powers found an article 3 of the Constitution and therefore its judges are given constitutional protection: they may not be fired Normay their salaries be reduced by bear in office

Question 8

What is the most important of the constitutional court

Answer 8

District Court

Question 9

The district court

Answer 9

A total of 94 within at least one in each state, the District of Columbia and the commonwealth of Puerto Rico

Question 10

What is the court of appeals

Answer 10

One in each of the 11 regions or circuits plus one of the District of Columbia.

Question 11

What is a legislative court

Answer 11

Is one set up by Congress for some specialized purpose and staff with people who are fixed term of office and can be removed or have their salaries reduced. Legislative courts include the court of military if you

Question 12

What is the litmus test

Answer 12

A test of ideological purity – in selecting judges. When conservatives are out of power they complain about how liberal president uses such a pest. When liberals are out of power they complain about how conservative president

Question 13

What kind of cases do federal courts have your jurisdiction in

Answer 13

They can hear all cases arising under the Constitution, the laws of the United States, and treaties (federal question cases

Question 14

What are federal question cases

Answer 14

Cases concerning the Constitution and federal laws or treaties

Question 15

What are diverse city cases

Answer 15

Cases involving citizens or different states you can bring suit in federal courts

Question 16

What is a writ of certiorari

Answer 16

An order by higher court directing the lower court to send up a case for review

Question 17

How many justices votes does it take for a court to hear a certain appeal

Answer 17

Four out of nine

Question 18

The court will often Grant Certiorari when one or both of the following is true

Answer 18

Two or more federal circuit courts of appeals have decided the same issue in different ways

The highest court in a state has held a federal or state law to be in violation of the Constitution or has upheld the state law against the claim that it is in violation of the Constitution

Question 19

What is in forma pauperis

Answer 19

A method whereby a poor person can have his or her case heard in federal court without charge

Question 20

What is the fee shifting

Answer 20

A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins

Question 21

Plaintiff

Answer 21

The party that initiates a lawsuit

Question 22

What is standing

Answer 22

A legal rule stating who is authorized to start a lawsuit

Question 23

What is the doctrine of sovereign immunity

Answer 23

The rule that a citizen cannot sue the government without the government’s consent

Question 24

Class-action suit

Answer 24

A case brought into court by a person on behalf not only of himself or herself but of all other persons in similar circumstances

Question 25

What is a brief

Answer 25

A written statement by an attorney that summarizes a case and the laws and rulings that support it

Question 26

Amicus curiae.

Answer 26

A brief submitted by a friend of the court

Question 27

What is a per curiam opinion

Answer 27

A brief unsigned court opinion

Question 28

Opinion of the court

Answer 28

A signed opinion of a majority of the Supreme Court

Question 29

Concurring opinion

Answer 29

An opinion that is signed in which one or more members agree with the majority view but for different reasons

Question 30

Dissenting opinion

Answer 30

A signed opinion in which one or more justices disagree with the majority view

Question 31

Why is it that only in the United States the selection of a judge produces so much dramatics and such bitter conflicts

Answer 31

Only in the United States to get his place so large a role in making public policy