Chapter 1 Quiz and Terms

Select the proper legal citation for a case decided on May 22, 2009, by the District of Columbia Circuit of the U.S. Court of Appeals and published starting on page 1,095 of volume 566 of the Third Series of the official Federal Reporter.

566 F.3d 1095 (D.C. Cir. 2009)

Writ of Certiorari

A petition for review by the Supreme Court of the United States.

Concurring Opinion

A separate opinion of a minority of the court or a single judge or justice agreeing with the majority opinion but applying different reasoning or legal principles.

Dissenting Opinion

A separate opinion of a minority of the court or a single judge or justice disagreeing with the result reached by the majority and challenging the majority's reasoning or the legal basis of the decision.

Precedent

Case judgment that establishes binding authority and guiding principles for cases to follow on closely analogous questions of law within the court's jurisdiction.

Civil Suits

Cases that generally involve two private individuals or organizations that cannot resolve a dispute.

Executive Orders

Directives from a government executive, such as the president, a governor or a mayor, that have the force of law.

Courts of Appeal

Intermediate court that reviews the legal basis for the decisions of lower courts.

Textualists

Judges-in particular, Supreme Court justices-who rely exclusively on a careful reading of legal texts to determine the meaning of the law.

Equity Law

Law created by judges to apply general principles of ethics and fairness, rather than specific legal rules, to determine the proper remedy for legal harm.

Stare Decisis

Literally, "stand by the previous decision".

The U.S. Supreme Court established the power of courts to interpret laws in its decision in ______.

Marbury v. Madison

Originalist

Supreme Court justices who interpret the Constitution according to the perceived intent of its framers.

Jurisdiction

The geographic or topical area of responsibility and authority or a court.

Trial Court

The lowest level court in the court system. The court reaches decisions by applying existing law to the specific fact before them, and the only court to use juries.

Administrative Law

The orders, rules and regulations promulgated by executive branch administrative agencies to carry out their delegated duties.

Defendant

The party accused of violating a law, or the party being sued in a civil lawsuit.

Appellee

The party against whom and appeal is made.

Appellant

The party making the appeal; also called the petitioner.

Plaintiff

The party who files a complaint; the one who sues.

Judicial Review

The power of the courts to determine the meaning of the language of the Constitution and to assure the no laws violate constitutional dictates.

Constitutional Law

The set of laws that establish the nature, functions and limits of government.

Affirm

To ratify, uphold or approve a lower court ruling.

Overrule

To reverse the ruling of a lower court.

Common Law

Unwritten, judge-made law consisting of rules and principles developed through custom and precedent.

Statutory Law

Written law formally enacted by city, county, state and federal legislative bodies.

The legal citation McConnell v. Federal Election Commission, 540 U.S. 93 (2003), refers to ______.

a Supreme Court decision in an appeal brought by McConnell

Executive orders represent ____________.

a power of the executive branch often targeted by political opponents

Laws are well tailored when they ______.

are not vague or overboard

Statutes may be enacted by legislatures ____________.

at the federal, state, or local level

Among the three branches of government, the executive branch is ___________.

co-equal

Federal trial courts are called ______________.

district courts

Courts of appeal ______________.

establish precedent

Of the amendments proposed to the U.S. Constitution, ______.

few of them have been approved or ratified

En banc decisions of federal appeals courts _________________.

generally rehear decisions made by a three-member panel of the same court

An unsigned opinion of the court is called a(n) __________.

per curiam opinion

Aristotle believed the law should achieve a just balance between __________.

personal and communal interests

Out-of-court settlements in civil suits and plea bargains in criminal proceedings __________.

resolve the vast majority of U.S. trials

The U.S. Constitution is _________________.

the supreme law of the United Stated and is difficult to ammend