Chapter 13 Courts
four
A case will be placed on the Court's docket when ________ justices agree to do so. - four - five - six - all
it involves a federal question
A state case is more likely to be heard by the federal courts when ________. - it involves a federal question - a governor requests a federal court hearing - it involves a criminal matter - the state courts are unable to come up with a decision
least dangerous
In Federalist No. 78, Alexander Hamilton characterized the judiciary as the ________ branch of government. - most unnecessary - strongest - least dangerous - most political
stare decisis
In standing by precedent, a judge relies on the principle of ________. - stare decisis - amicus curiae - judicial activism - laissez-faire
at the state level
Of all the court cases in the United States, the majority are handled ________. - by the U.S. Supreme Court - at the state level - by the circuit courts - by the U.S. district courts
filing amicus curiae briefs
One of the main ways interest groups participate in Supreme Court cases is by ________. - giving monetary contributions to the justices - lobbying the justices - filing amicus curiae briefs - protesting in front of the Supreme Court building
one chief justice and eight associate justices
The Supreme Court consists of ________. - nine associate justices - one chief justice and eight associate justices - thirteen judges - one chief justice and five associate justices
an appeals court
The Supreme Court most typically functions as ________. a district court a trial court a court of original jurisdiction an appeals court
enables it to declare acts of the other branches unconstitutional
The Supreme Court's power of judicial review ________. - is given to it in the original constitution - enables it to declare acts of the other branches unconstitutional - allows it to hear cases - establishes the three-tiered court system
solicitor general
The lawyer who represents the federal government and argues cases before the Supreme Court is the ________. - solicitor general - attorney general - U.S. attorney - chief justice
congress
The size of supreme judges is set by _____________.
to hear the case first
What does original jurisdiction mean?
concurring opinion
When a Supreme Court ruling is made, justices may write a ________ to show they agree with the majority but for different reasons. - brief - dissenting opinion - majority opinion -concurring opinion
defer to the decisions of the elected branches of government
When using judicial restraint, a judge will usually ________. - refuse to rule on a case - overrule any act of Congress he or she doesn't like - defer to the decisions of the elected branches of government - make mostly liberal rulings
rule of four
a Supreme Court custom in which a case will be heard when four justices decide to do so
judicial restraint
a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government
judicial activism
a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties
associate justice
a member of the Supreme Court who is not the chief justice
conference
closed meeting of the justices to discuss cases on the docket and take an initial vote
94
how many district courts?
amicus curiae
literally a "friend of the court" and used for a brief filed by someone who is interested in but not party to a case
Marbury v. Madison
the 1803 Supreme Court case that established the courts' power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional
chief justice
the highest-ranking justice on the Supreme Court
oral argument
words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail
circuit courts
the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals
courts of appeals
the appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts
dual court system
the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts
solicitor general
the lawyer who represents the federal government and argues some cases before the Supreme Court
trial court
the level of court in which a case starts or is first tried
docket
the list of cases pending on a court's calendar
common law
the pattern of law developed by judges through case decisions largely based on precedent
original jurisdiction
the power of a court to hear a case for the first time
appellate jurisdiction
the power of a court to hear a case on appeal from a lower court and possibly change the lower court's decision
judicial review
the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional
stare decisis
the principle by which courts rely on past decisions and their precedents when making decisions in new cases
precedent
the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system
appellate
the supreme court is best described as an ________.
nominated by the president and confirmed by the senate
The justices of the Supreme Court are ________. - elected by citizens - chosen by the Congress - confirmed by the president - nominated by the president and confirmed by the Senate
district and circuit courts
Besides the Supreme Court, there are lower courts in the national system called ________. - state and federal courts - district and circuit courts - state and local courts - civil and common courts
both civil and criminal law
Both state and federal courts hear matters that involve ________. - civil law only - criminal law only - both civil and criminal law - neither civil nor criminal law
all of the above
Which of the following is a check that the legislative branch has over the courts? - Senate approval is needed for the appointment of justices and federal judges. - Congress may rewrite a law the courts have declared unconstitutional. - Congress may withhold funding needed to implement court decisions. - all of the above
appellate court
a court that reviews cases already decided by a lower or trial court and that may change the lower court's decision
criminal law
a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions
civil law
a non-criminal law defining private rights and remedies
brief
a written legal argument presented to a court by one of the parties in a case
majority opinion
an opinion of the Court with which more than half the nine justices agree
concurring opinion
an opinion written by a justice who agrees with the Court's majority opinion but has different reasons for doing so
dissenting opinion
an opinion written by a justice who disagrees with the majority opinion of the Court
writ of certiorari
an order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert
senatorial courtesy
an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there, particularly for court positions
district courts
the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard
district courts
trial courts in federal system are called ___________.