Unit 4

Question 1

1. What is concurrent jurisdiction? (306)

Answer 1

when federal and state courts both have jurisdiction on a case

Question 2

2. What was “Marbury v. Madison”’s impact on the power of the Supreme Court? (308)

Answer 2

this case won the Court the power of judicial review - the ability to review acts of Congress

Question 3

3. Cases involving maritime law come under the jurisdiction of which courts? (305-306)

Answer 3

federal courts

Question 4

4. These types of courts derive their power from the Constitution and federal laws. (305)

Answer 4

federal courts

Question 5

5. This is the type of jurisdiction that trial courts have. (306)

Answer 5

original jurisdiction - jurisdiction to try a case for the first time

Question 6

6. There are a total of 12 of these in 12 regions across the U.S. (Chart, 306)

Answer 6

U.S. Courts of Appeals

Question 7

7. This is the type of jurisdiction that a courts of appeals has. (306)

Answer 7

appellate jurisdiction - jurisdiction to try a case that has already been tried

Question 8

8. What is jurisdiction? (305)

Answer 8

The authority to hear certain cases

Question 9

9. Who are litigants? (307)

Answer 9

people engaged in a lawsuit

Question 10

1. This is a court that helps Congress exercise its power. (314-315)

Answer 10

legislative court

Question 11

2. This is the purpose of the U.S. Court of Federal Claims (315)

Answer 11

handles claims against the United States for money damages (not taxes)

Question 12

3. This is the first African American appointed to the Supreme Court. (317)

Answer 12

Thurgood Marshall

Question 13

4. What is an indictment? (312)

Answer 13

formal accusation charging a person with a crime (done by a grand jury if it believes there is sufficient evidence to bring a person to trial)

Question 14

5. This is another name for a trial jury. (313)

Answer 14

petit jury

Question 15

6. These courts are similar to district courts in function, operation, and jurisdiction. (315)

Answer 15

territorial courts

Question 16

7. If you are registered to vote or have a driver’s license, you may be called for this. (315)

Answer 16

jury duty

Question 17

8. If someone is indicted for a crime, where does he or she go next? (313)

Answer 17

to trial/petit jury

Question 18

1. This is the court of last resort for all questions of federal law. (320)

Answer 18

Supreme Court

Question 19

2. What does “riding the circuit” refer to? (320)

Answer 19

A Judge traveling to hold court in his/her assigned regions of the country

Question 20

3. Who has the power to confirm appointments to the Supreme Court? (323)

Answer 20

The Senate

Question 21

4. What is an opinion? (323)

Answer 21

an explanation for the decision

Question 22

1. What is a writ of certiorari? (332)

Answer 22

an order from the Supreme Court to a lower court to send up the records on a case for review

Question 23

2. What is a brief? (333)

Answer 23

written statement setting forth the legal arguments, relevant fact, and precedents supporting one side of a case

Question 24

3. What is a concurring opinion? (334)

Answer 24

an opinion written by one or more justices who agree with the decision of the majority, but for different reasons

Question 25

4. What was the effect of Miranda v. Arizona? (331)

Answer 25

This case required police investigators to inform suspects of their rights before statements can be taken and used as evidence.

Question 26

5. A brief, unsigned statement of a Court’s decision is called this. (333)

Answer 26

opinion

Question 27

1. What tools does the Supreme Court have to shape public policy? (336-339)

Answer 27

judicial review

interpreting the meaning of laws

overruling or reversing its previous decisions

Question 28

2. What is a precedent? (338)

Answer 28

model on which to base other decisions in similar cases

Question 29

3. What is stare decisis? (338)

Answer 29

a Latin term meaning “let the decision stand,” meaning that a court decision serves as a precedent

Question 30

4. What is the role of precedence in the interpretation of the law? How do precedents change? (338-339)

Answer 30

Precedents prevent the law from changing day by day and make the law predictable.

Precedents change by changes in beliefs or in the Court’s composition.

Question 31

1. What are the various roles of the chief justice? (345)

Answer 31

presides over the court during oral arguments and conferences

directs discussions

frames alternatives

makes first version of discuss list

assigns the writing of opinions

Question 32

2. Which president appointed four justices to the Court? (347)

Answer 32

Nixon

Question 33

3. Who sets the number of justices who serve on the Court? (348)

Answer 33

Congress

Question 34

4. What is a swing vote? (344)

Answer 34

deciding vote

Question 35

5. What is the foundation for deciding cases? (343)

Answer 35

law