Chapter 14

The Supreme Court's power of judicial review was established

Marbury v. Madison established the Supreme Court's right of judicial review, although it would not use that power again for over 50 years

In a similar previous case the court ruled for the plaintiff. The court will now consider that previous ruling in deciding how to deal with the current case. This is an example of

Precedent; Precedent is one of the foundational elements of the U.S. legal system. While precedents can be overturned, they are always considered

In Lawrence v. Texas, the Supreme Court struck down a law banning sodomy in Texas. This is an example of judicial

activism; This is an example of judicial activism because the Supreme Court is actively being part of the policy-making process in declaring a law unconstitutional.

Which of the following is NOT a criterion by which the Supreme Court decides whether to hear a case?

amicus curiae

Who is MOST likely to submit an amicus curiae brief?

an interest group

How many justices must agree to hear a case in order for it to be granted a writ of certiorari?

four

The __________ approach to deciding Supreme Court cases says that justices should attempt to defer to the elected branches of government and not contradict their actions.

judicial restraint

When the Supreme Court strikes down a congressional or state law, it engages in

judicial review

a matter is _________ if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law

moot (mootness)

Which figure argues cases on behalf of the federal government before the Supreme Court?

solicitor general

At the outset of a case, judges determine whether the person filing the case has a legitimate basis for bringing it; this is called

standing

What does the term standing refer to?

the legitimate justification for bringing a civil case to court

writ of certiorari

A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

Congress can overturn certain Supreme Court decisions merely by passing a new law. They can do this in cases of

Statutory interpretation; statutory interpretation involves the Court interpreting the will of Congress, Congress is always free to clarify its will with future legislation.

What is a class-action lawsuit?

a civil lawsuit brought by a group of individuals

Congress may change all of the following EXCEPT

the supreme courts original jurisdiction