Chapter 10 The Judiciary

Question 1

Power of the courtws to reveiw acts of other branches of government and the states

Answer 1

judicial reveiw

Question 2

Legislative act that established the basic three-tiered structure of the federal court system

Answer 2

Judiciary Act of 1789

Question 3

Case in whihc the supreme court first asserted the power of judicial reveiw by finding that congressional stature extending the Court’s original jurisdiction was unconstitutional.

Answer 3

Marbury v. Madison (1803)

Question 4

Court of original jurisdiction where cases begin.

Answer 4

trial court

Question 5

Court that generally reveiws only findings of law made by lower courts.

Answer 5

appellate court

Question 6

Authority vested in a particualr court to hear and decide the issue in a particular case

Answer 6

jurisdiction

Question 7

The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case

Answer 7

original jurisdiction

Question 8

The power vested in particular courts to reveiw and/or revise the decision of a lower court

Answer 8

appellate jurisdiction

Question 9

Codes of behiavior related to the protection of property and individual safety

Answer 9

criminal law

Question 10

Codes of behavior related to the conduct and relationships between individuals or groups

Answer 10

civil law

Question 11

Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III.

Answer 11

constitutional courts

Question 12

Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.

Answer 12

legislative courts

Question 13

A document containing legal written arguments in a case filed with a court by a party prior to a hearing or trial

Answer 13

brief

Question 14

A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature

Answer 14

precedent

Question 15

In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.

Answer 15

stare decisions

Question 16

Process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs

Answer 16

senatorial courtesy

Question 17

A request for the Supreme Court to order up the records from a lower court to reveiw the case

Answer 17

writ of certiorari

Question 18

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Answer 18

Rule of Four

Question 19

The fourth-ranking member of the Department of Justice; responsible for handling nearly all apeals on behalf of the US government to the Supreme Court

Answer 19

solicitor general

Question 20

“Friend of the court”; amici may file briefs or even appear to argue their interests orally before the court

Answer 20

amicus curiae

Question 21

A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own principles.

Answer 21

judicial restraint

Question 22

A philosop of judicial decision making that posits judges should ues their power broadly to further justice.

Answer 22

judicial activism

Question 23

An approach to constitutional interpretation that emphasizes interpreting the constitution as it was written and intended by the Framers

Answer 23

strict constuctionist