Unit 7 - Chapter 15

Question 1

criminal law

Answer 1

government charges an individual with violating specific law(s)

Question 2

civil law

Answer 2

a dispute between two parties over a wide range of matters including contacts, divorce, etc.

Question 3

plantiff

Answer 3

brings a charge against the other party

Question 4

defendant

Answer 4

defends themself against the person charging them

Question 5

standing to sue

Answer 5

requirement that plaintiffs have a serious interest in the case, which depends on if they have sustained or are sustaining danger from another party or action by the government (reason for a case in short)

Question 6

class action suits

Answer 6

lawsuits in which a small number of people sue on behalf of all people in smaller circumstances

Question 7

justiciable disputes

Answer 7

issues capable of being settled as a matter of law

Question 8

amicus curiae (“friend of the court”) briefs

Answer 8

legal briefs which attempt to influence the courts’ decision, raise additional points of view, and present information not contained in the briefs of attorneys for official parties of the case

Question 9

statues

Answer 9

laws passed by legislatures

Question 10

common law

Answer 10

the accumulation of judicial decisions about legal issues

Question 11

original jurisdiction

Answer 11

jurisdiction of courts that hear a case first, usually in trial, determine facts about the case

Question 12

appellate jurisdiction

Answer 12

jurisdiction of courts that hear cases brought to them on appeal from lower courts, don’t review factual record, ONLY legal issues involved

Question 13

district courts

Answer 13

the 91 federal courts of original jurisdiction, only federal courts in which trials are held and in which juries may be impaneled

Question 14

courts of appeals

Answer 14

appellate courts empowered to review all final decisions of district courts, except in rare cases, also hear appeals to orders of many federal regulatory agencies

Question 15

Supreme Court

Answer 15

pinnacle of US judicial system, ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law

BOTH original/appellate jurisdiction

Question 16

senatorial courtesy

Answer 16

unwritten tradition where nominations for state judicial posts by president look at who senator of same party recommends first

Question 17

confirmations of the Supreme Court, how they work then vs. now

Answer 17

used to be routine thing, now highly political and partisan

Question 18

criteria for selection of judges/justices (formal and informal)

Answer 18

formal: none spelled out in constitution
informal: become really political in past few decades, must be able to be appointed, usually have experience judging, clean background, many of different demographics lately because makes it harder to oppose them

Question 19

solicitor general

Answer 19

a presidential appointee and the third ranking office in DoJ, in charge of appellate court litigation of federal government

Question 20

stare decisis

Answer 20

means “let the decision stand”, obligates courts to follow historic cases when reaching a rulign, most cases reaching appellate courts are settled on this principle

Question 21

opinion

Answer 21

a statement of the legal reasoning behind the decision for the case, done by Supreme Court

Question 22

precedent

Answer 22

how similar cases have been decided in the past, courts rely on them as guide for current decisions

Question 23

originalism

Answer 23

a view that constitution should be interpreted according to the original intentions or meaning of the framers (often supported by conservatives)

Question 24

original intent theory

Answer 24

interpretation of a written constitution or law should be consistent with what was meant by the original writers

Question 25

original meaning theory

Answer 25

judges should base their interpretations of a written constitution or law on what reasonable persons living at the time of adoption would have declared the ordinary meaning of the text to be

Question 26

judicial implementation

Answer 26

how and whether court decisions are translated into actual policy, affecting the behavior of others (rely on other government bodies to do so)

Question 27

Marbury v. Madison

Answer 27

1803 case where SCOTUS asserted its power to determine the meaning of the US constitution (power of judicial review)

Question 28

judicial review

Answer 28

power of courts to determine whether acts of congress and those of executive are in line with US Constitution

Question 29

judicial restraint

Answer 29

an approach to decision making in which judges play minimal policymaking roles and defer to legislatures whenever possible

Question 30

judicial activism

Answer 30

an approach to decision making in which judges sometimes make bold policies decisions, even charting new constitutional grounds

Question 31

political questions

Answer 31

a doctrine developed by federal courts, used as a means to avoid deciding some cases, principally those involving conflicts between the presidents and congress

Question 32

statutory construction

Answer 32

the judicial interpretation of an act of congress (sometimes congress passes new legislation to clarify existing laws w/SC)

Question 33

what constitution says about judicial branch

Answer 33

established in article 3 and judicial system, only made 1 Supreme Court, allows congress to est. rest as necessary

Question 34

constitutional courts

Answer 34

a high court that primarily deals w/constitutional law

Question 35

legislative/special courts

Answer 35

courts created to deal w/the powers of Congress (ex. Congress power to tax, there’s a Tax Court)

Question 36

discretionary jurisdiction

Answer 36

only for Supreme Court, decides which cases they hear, also only court that has original/appellate as well

Question 37

common law

Answer 37

not written law, based on precedent in other cases

Question 38

Judiciary Act of 1789

Answer 38

est. dual court system, both state and federal courts, state hears more cases than federal, both have tiers going from original to appellate jurisdiction (another application of federalism)

Question 39

Federalist 51

Answer 39

about separation of powers/checks and balances, wasn’t initially true since judicial was so small, nowadays different

Question 40

Marshall Era

Answer 40

Marshall, made judicial system more powerful, more equal to other branches, made one write up of majority rule to come out instead of each justice writing one (early 1800s)

Question 41

Taney Era

Answer 41

made Dred Scott ruling, contributed to Civil War, allowed Lincoln to suspend writ of habeas corpus (allows it in times of crisis)

Question 42

Warren Era

Answer 42

activism, expanding rights of accused (Griswold v. Connecticut, Mapp v. Ohio)

Question 43

Rehnquist Era

Answer 43

conservative activism, overturned precedent in pursuit of conservative values, returned power to police (good faith exception)

Question 44

Roberts Era

Answer 44

ruling gay marriage is legal, overseeing overturning of Roe v. Wade

Question 45

Judiciary Act of 1925

Answer 45

Give SCOTUS permission to control which appeals they will hear or not

Question 46

petition

Answer 46

an argumentative essay on what SCOTUS should take case, only hear so many, many get rejected

Question 47

discussion list

Answer 47

discussions by more justices after one or more reads a petition (break up petitions so can read more)

Question 48

rule of 4

Answer 48

number of justices that must vote to hear a case, didn’t choose a majority to protect minority voice, can try to time retirement so president can pick replacement of same party (Looking to see if it’s a significant federal issue, are conflicting rulings being made, has it done everything to be heard in other courts)

Question 49

writ of certiorari

Answer 49

send in writing to requester that SCOTUS will hear case, asks lower court to send up info relevant to case

Question 50

briefs

Answer 50

regular ones must be written, lawyers of each side discussing strongest arguments, justification has to be based on precedent (where amicus curiae also takes place, when interest groups appeal for the side they like more)

Question 51

oral argument

Answer 51

held in two week cycles, 30 minute persuasive speech, can be questioned by justices during it (Exceptions to time limit: can ask for more time or if US govt not part of case, can ask to be third oral argument in case)

Question 52

conference

Answer 52

private meeting of justices, chief justice speaks first (shapes debate), then goes to 8 in order of seniority, will debate about case

Question 53

vote

Answer 53

decide what current standing of justices is, vote by reverse seniority, most senior justice in majority will write majority opinion (unless chief justice)
Senior member/chief justice chooses who writes report, then gets peer edited by other justices

Question 54

concurring opinion

Answer 54

report where agree on ruling, but not on reasoning, so another justice will write a report

Question 55

minority opinion

Answer 55

eport that is a dissenting opinion, list why they disagree, if gets 5 justices to sign it it’s now majority opinion

Question 56

grand jury

Answer 56

6-23 people, prosecutor lays out their case, defense does not submit evidence, if grand jury thinks evidence matches crime defendant is indicted

Question 57

trial jury

Answer 57

6-12 people, decides if somebody is innocent or guilty

Question 58

docket

Answer 58

A calendar or list of cases for trial or people having cases pending/ court’s agenda

Question 59

litmus test

Answer 59

a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination

Question 60

court packing

Answer 60

The act of changing the number or composition of judges on a court, making it more favorable to particular goals or ideologies

Question 61

Ex Post Facto Law

Answer 61

means after the fact, can’t be charged for a crime if it legal at the time of committing it

Question 62

In Forma Pauperis

Answer 62

Supreme Court waiving fees normally required for a case

Question 63

Writ of Habeas Corpus

Answer 63

A court order that requires police to bring a prisoner to court to explain why they are holding the person in custody or under restraint

Question 64

Writ of Mandamus

Answer 64

mandate, order from the court telling government body must do it (judicial has no ability to enforce ruling but can request it)