Chapter 13: The Federal Courts

writ habeas corpus

A court order that the individual in custody be brought into court and shown the cause for detention; habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion

court of appeals

A court that hears appeals of trial court decisions

mootness

A criterion used by courts to screen cases that no longer require resolution

writ of certiorari

A decision of at least four of the nine Supreme Court justices to review a decision of a lower court; certiorari is Latin, meaning "to make more certain"

dissenting opinion

A decision written by a justice in the minority in a particular case, in which the justice wishes to express his or her reasoning in the case

plea bargain

A negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing

precedent

A prior case whose principles are used by judges as the basis for their decision in a present case

concurring opinion

A written opinion by a judge agreeing with the majority opinion but giving different reasons for his or her decision

supremacy clause

Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision

The size of the U.S. Supreme Court is set by

Congress

judicial activism

Judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions

judicial restraint

Judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document's meaning

chief justice

Justice on the Supreme Court who presides over the Court's public sessions and whose official title is "chief justice of the United States"

amicus curiae

Literally, "friend of the court"; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional brief

original jurisdiction

The authority to initially consider a case; distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court's decision

civil law

The branch of law that deals with disputes that do not involve criminal penalties

criminal law

The branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for proscribed conduct

trial court

The first court to hear a criminal or civil case

supreme court

The highest court in a particular state or in the United States; this court primarily serves an appellate function

plaintiff

The individual or organization that brings a complaint in court

defendant

The one against whom a complaint is brought in a criminal or civil case

judicial review

The power of the courts to review actions of the legislative and executive branches and, if necessary, declare them invalid or unconstitutional; the Supreme Court asserted this power in Marbury v. Madison (1803

standing

The right of an individual or organization to initiate a court case, on the basis of having a substantial stake in the outcome

due process of law

The right of every individual against arbitrary action by national or state governments

jurisdiction

The sphere of a court's power and authority

oral argument

The stage in the Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices

solicitor general

The top government lawyer in all cases before the Supreme Court where the government is a party

opinion

The written explanation of the Supreme Court's decision in a particular case

The ________ is the only federal court established by the Constitution

U.S. Supreme Court

briefs

Written documents in which attorneys explain, using case precedents, why the court should find in favor of their client

Which of the following is the most likely to involve administrative law?

a case in which John Smith alleges a regulation promulgated by the Environmental Protection Agency is invalid

Which of the following would the Supreme Court likely refuse to hear because of "mootness"?

a case involving a student suing a state-run university for discrimination in the admissions process after the student was first rejected but then later admitted to the university

In the federal court system, each circuit court of appeals has

a range of permanent judgeships depending on the workload of the circuit

The data presented in this figure depict the growing caseload of the U.S. Supreme Court. The total number of cases filed in the Court has increased a great deal over the last 80 years What was the approximate number of cases filed with the Supreme Court in 2018?

about 6,500 cases

Cases in which the U.S. government is a party are

always heard in a federal court

A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ________ brief

amicus curiae

When a private individual brings a suit against a company for breaking a contract, this is an example of ________ law

civil

Suppose a defendant is convicted at trial but believes that the judge made an error that impacted the decision. She would first ask her case be tried again at ________. If she were to lose at that court, she could still try again, if her argument were accepted, at the ________.

court of appeals; supreme court

Trial courts in the federal judicial system are called

district courts

Because the number or justices on the Supreme Court is established in the Constitution, Congress would have to pass an amendment to change the Court's size

false

The majority of cases are heard by federal courts

false

The number of justices who should be on the Supreme Court is specified by the Constitution

false

In order for the Supreme Court to decide to grant certiorari,

four justices must vote in favor of certiorari

Congress has assigned federal court jurisdictions on the basis of

geography

In modern democracies, courts made up of judges and juries

hear the facts on both sides of a case and apply relevant law or constitutional principle to decide which side has the stronger argument

The assignment of the opinion in a Supreme Court case is

important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation

If the Supreme Court were to decide to review a case that alleges President Trump's antiterrorism initiatives violated a citizen's civil liberties, the case likely would be an

judicial review of executive power

The Supreme Court explains its decisions in terms of

law and precedent

Emily Green seeks to file a class action lawsuit in federal court alleging that, as taxpayers, she and other citizens are concerned about the government's failure to protect the environment. The lawsuit would likely

not be heard by the court because Emily lacks standing

In court cases the ________ is the party that brings charges and the ________ is the party accused of a violation of the law

plaintiff; defendant

Prior cases whose principles are used by judges to decide current cases are called

precedents

If someone tries to bring a lawsuit without having suffered actual damages, the case may be dismissed due to which of the following concerns?

standing

In District of Columbia v. Heller, the United States Supreme Court held that the District of Columbia's handgun ban was an unconstitutional violation of the Second Amendment. In writing the majority opinion, the late Justice Antonin Scalia looked predominantly to the words of the Second Amendment of the Constitution in interpreting its meaning. This judicial philosophy can be described as

strict construction

If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied

the due process of law

A writ of habeas corpus declares that

the government must show a legal cause for holding someone in detention

Once the president has formally nominated an individual for a federal judgeship,

the nominee must be confirmed by a majority vote in the full Senate

When filing an appeal, an appellant usually must show

the trial court made a legal error in deciding the case

All presidents have made an effort to select justices who share their political philosophies

true

The Supreme Court is the only federal court established by the Constitution

true

The Supreme Court's power to review acts of Congress is not specifically granted by the Constitution

true

The essence of the "rule of law" is that "the state" and its officials must be judged by the same laws as the citizenry

true

The essence of the "rule of law" is that "the state" and its officials must be judged by the same laws as the citizenry.

true