Chapter 14

writ of certiorari

A ____ is an order that the U.S. Supreme Court issues to a lower court requesting the latter to send it the record of the case in question.

means that the decision of the lower court remains the law within that court's jurisdiction

A denial of "cert."

is real and substantial

A justiciable controversy is one that _____

a majority vote in the Senate

A nominee for the Supreme Court must be confirmed by

precedent

A(n) ____ is a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts and legal issues.

concurring

A(n) ____ opinion is a statement written by a justice who agrees with the Court's decision, but for reasons different from those in the majority opinion.

the U.S. courts of appeals

Appeals from decisions made by federal administrative agencies may be made to

$75,000

Before a federal court can take jurisdiction in a diversity case, the amount in controversy must be more than

ninety-four

Currently, there are ____ federal judicial districts.

receive lifetime appointments

Federal judges

appointed by the president

Federal judges are

look to the purpose and context of a law when trying to decipher its meaning

Generally, strict constructionists

activism

Judicial ____ describes the belief that the courts should actively use their powers to check the actions of the legislative and executive branches to ensure that they do not exceed their authority.

?

Judicial review

dissenting opinions

Justices may write ____ outlining the reasons why they feel the majority erred in arriving at its decision.

presented to the justices of the U.S. Supreme Court by attorneys on behalf of their clients

Oral arguments are

a federal trial court with specialized jurisdiction

The Court of International Trade is

Marbury v. Madison (1803)

The Supreme Court claimed the power of judicial review in

will not issue a writ of certiorari unless at least four of the justices approve

The U.S. Supreme Court _____

nine

The U.S. Supreme Court consists of ____ justices

review the transcripts of the trial courts' proceedings and determine whether the trial courts erred in applying the law to the facts and issues involved in particular cases

The U.S. courts of appeals

U.S. Constitution

The ____ is the basis of all law in the United States.

U.S. Supreme Court

The decisions of the federal appellate courts may be appealed to the

district courts

The federal trial courts are called _____

case

The importance of ____ law is one of the distinguishing characteristics of the common law tradition

is not mandated by the U.S. Constitution

The number of Supreme Court justices

judicial review

The power of the courts to decide on the constitutionality of legislative enactments and of actions taken by the executive branch is called

standing to sue

The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit is called

thirteen

There are ____ U.S. courts of appeals in the United States.

state

There is at least one federal district court in every

stare decisis

Under the doctrine of ____, judges normally are obligated to follow the precedents established by prior court decisions.

writing the Court's opinion to one of the justices

When the Court has reached a decision, the chief justice, if in the majority, assigns the task of

no one else is allowed in the room

When the Supreme Court justices discuss a case in conference

Congress can rewrite the law or pass a new one in an attempt to negate the Court's ruling

When the U.S. Supreme Court interprets a statute in a way that Congress had not intended,

federal statutes

____ are laws enacted by the U.S. Congress

senatorial courtesy

____ is a practice that allows a senator of the president's party to veto the president's nominee to a federal court judgeship within the senator's state

jurisdiction

____ is the authority of a court to hear and decide a particular case.

administrative

____ law consists of the rules, orders, and decisions of administrative agencies

criminal

____ law has to do with wrongful actions committed against society for which society demands redress.

common

____ law is the body of law developed from judicial decisions in English and U.S. courts.

statutory

____ law is the body of law enacted by legislatures.

civil

____ law spells out the duties that individuals in society owe to other persons or to their governments, excluding the duty not to commit crimes.

the U.S. Supreme Court

_____ does most of its work as an appellate court.

the Constitution

sets no specific qualifications for those who serve on the Supreme Court