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