Unit 5: Chapter 15: The Judiciary

Question 1

federalist 78

Answer 1

judiciary would be the least powerful branch (anti-Federalists did not agree), independence of judges needed (for rights of individuals)

Question 2

judiciary

Answer 2

the branch of govt that resolves conflicts in the law; comprises the courts and the judges who preside over them

Question 3

judicial review

Answer 3

The power of courts to declare laws unconstitutional.

Question 4

circuit courts of appeals

Answer 4

the middle tier in today’s federal court structure, these courts are the intermediate federal appellate courts

Question 5

courts of appeals

Answer 5

intermediate appellate courts in the federal system that review the application of law in previous decisions made by courts in the federal or state judicial system

Question 6

common law

Answer 6

judge made law grounded in tradition and previous judicial decisions, instead of in legislation; the US inherited, and then built on, a system of common law from england

Question 7

statutory law

Answer 7

Law that comes from authoritative and specific lawmaking sources, primarily legislatures but also including treaties and executive orders.

Question 8

plaintiff

Answer 8

The party that initiates a law suit.

Question 9

defendant

Answer 9

an individual, company, or institution sued or accused in a court of law.

Question 10

civil (tort)

Answer 10

situation when a person’s body or property is harmed by another person’s negligence or other wrongful act, other than the violation of a contract

Question 11

petitioner

Answer 11

party who presents a petition to the court. (in a civil case)

Question 12

stare decises

Answer 12

A Latin phrase meaning “let the decision stand.” Most cases reaching appellate courts are settled on this principle.

Question 13

constitutional law

Answer 13

the body of law that comes out of the courts in cases involving the interpretation of the constitution

Question 14

statutes

Answer 14

a law enacted by congress or by state legislatures to deal with particular issues or problems, sometimes more detailed and comprehensive than the common law

Question 15

US code

Answer 15

a compilation of all the laws passed by the US congress

Question 16

jurisdiction

Answer 16

the authority of a court to hear a case and to resolve it, given to a court by either a constitution or a statute

Question 17

federal question

Answer 17

a question of law based on interpretation of the US constitution, federal laws, or treaties

Question 18

senatorial courtesy

Answer 18

An unwritten traditions whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator from the state in which the nominee will serve. The tradition also applies to courts of appeal when there is opposition from the nominee’s state senator.

Question 19

descriptive representation

Answer 19

Representing constituents by mirroring their personal, politically relevant characteristics.

Question 20

substantive representation

Answer 20

the ability of a legislator to represent the agenda or interests of a group to which he or she does not personally belong

Question 21

symbolic representation

Answer 21

efforts of members of Congress to stand for American ideals or identify with common constituency values

Question 22

solicitor general

Answer 22

The third-ranking officer in the Justice Department, who decides what cases the federal government will appeal from lower courts and personally approves every case the government presents to the Supreme Court.

Question 23

collegial court

Answer 23

a court made up of a group of judges who must evaluate of case together and decide on the outcome; significant compromise and negotiation take place as members try to build a majority coalition

Question 24

writ of certiorari

Answer 24

this is an order to a lower court to produce a certified record of a case so that the appellate court can determine whether any errors occurred during trial that warrant review of the case

Question 25

concurring opinions

Answer 25

judicial opinion agreeing with how the majority decides the case but disagreeing with at least some of the legal interpretation or conclusions reached by the majority

Question 26

legal models

Answer 26

judicial decision making model that focuses on legal norms and principles as the guiding force in judicial decision making, including existing precedents, relevant constitutional and statutory law, and the lawmakers’ intent

Question 27

attitudinal model

Answer 27

judicial decision making model that claims judicial making is guided by policy and ideological preferences of individual judges

Question 28

strategic model

Answer 28

judicial decision making model that states that the primary guide for judges is their individual policy preferences; however, their preferences are tempered by their consideration of institutional factors including the pref of congress, the pres, and other justices sitting on the collegial court, as well as concern over the legitimacy of the court system if decisions are too far afield from societal norms