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 ___________.