Chapter 13 Courts Flashcards

Questions and Answers

The Supreme Court's power of judicial review ________.

enables it to declare acts of the other branches unconstitutional

The Supreme Court most typically functions as ________.

an appeals court

In Federalist No. 78, Alexander Hamilton characterized the judiciary as the ________.

least dangerous

Appellate jurisdiction is defined as ________.

the power of a court to hear a case on appeal from a lower court and possibly change the lower court's decision Signup and view all the answers

Common law is defined as ________.

law developed through court cases and judges' decisions Signup and view all the answers

Original jurisdiction is defined as ________.

the power of a court to hear a case for the first time Signup and view all the answers

Marbury v. Madison is known as ________.

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 Signup and view all the answers

Judicial review is defined as ________.

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 Signup and view all the answers

An appellate court is defined as ________.

a court that reviews cases already decided by a lower or trial court and that may change the lower court's decision Signup and view all the answers

Civil law is defined as ________.

a non-criminal law defining private rights and remedies Signup and view all the answers

A trial court is defined as ________.

the level of court in which a case starts or is first tried Signup and view all the answers

Criminal law is defined as ________.

a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions Signup and view all the answers

The dual court system refers to ________.

the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts Signup and view all the answers

Of all the court cases in the United States, the majority are handled ________.

at the state level Signup and view all the answers

Both state and federal courts hear matters that involve ________.

both civil and criminal law Signup and view all the answers

A state case is more likely to be heard by the federal courts when ________.

it involves a federal question Signup and view all the answers

In standing by precedent, a judge relies on the principle of ________.

stare decisis Signup and view all the answers

Besides the Supreme Court, there are lower courts in the national system called ________.

district and circuit courts Signup and view all the answers

The justices of the Supreme Court are ________.

nominated by the president and confirmed by the Senate Signup and view all the answers

A synonym for circuit courts is ________.

courts of appeals Signup and view all the answers

Courts of appeals/Circuit Courts are defined as ________.

the appellate courts of the federal court system that review decisions of the lower (district) courts Signup and view all the answers

Stare decisis is defined as ________.

the principle by which courts rely on past decisions and their precedents when making decisions in new cases Signup and view all the answers

District courts are defined as ________.

the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard Signup and view all the answers

Senatorial courtesy is described as ________.

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 Signup and view all the answers

Precedent is defined as ________.

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 Signup and view all the answers

The Supreme Court consists of ________.

one chief justice and eight associate justices Signup and view all the answers

A case will be placed on the Court's docket when ________ justices agree to do so.

4 Signup and view all the answers

One of the main ways interest groups participate in Supreme Court cases is by ________.

filing amicus curiae briefs Signup and view all the answers

The lawyer who represents the federal government and argues cases before the Supreme Court is the ________.

solicitor general Signup and view all the answers

Amicus curiae literally means ________.

a friend of the court Signup and view all the answers

An associate justice is ________.

a member of the Supreme Court who is not the chief justice Signup and view all the answers

The chief justice is defined as ________.

the highest-ranking justice on the Supreme Court Signup and view all the answers

Study Notes

Judicial Review and the Supreme Court

Supreme Court can declare acts of other branches unconstitutional through judicial review.
Functions primarily as an appeals court, reviewing decisions from lower courts.
Established judicial review in the landmark case Marbury v. Madison (1803).

Types of Jurisdiction

Appellate Jurisdiction: Allows courts to hear appeals and potentially change lower court decisions.
Original Jurisdiction: Courts' power to hear a case for the first time.

Types of Law

Common Law: Developed through court case rulings and judge decisions.
Civil Law: Governs non-criminal disputes, focusing on private rights.
Criminal Law: Defines prohibited actions harmful to others and their corresponding punishments.

Court Structures

Dual Court System: Divides courts into federal and state systems; each state has its own courts.
Trial Courts: First level of courts where cases are initially tried.
District Courts: Federal trial courts where evidence is presented and cases are heard.
Circuit/Courts of Appeals: Federal appellate courts reviewing lower court decisions.

Court Processes and Practices

Stare Decisis: Principle of relying on precedent when making legal decisions.
A Supreme Court case is added to the docket when four justices agree to hear it.
Interest groups may influence cases through amicus curiae briefs, meaning "friend of the court."

Supreme Court Composition and Appointment

Composed of one chief justice and eight associate justices.
Justices nominated by the president and confirmed by the Senate.
Solicitor General represents the federal government in Supreme Court proceedings.

Other Important Concepts

Senatorial Courtesy: President consults with state senators before nominating federal judicial candidates.
Most legal cases in the U.S. are managed at the state level.
Both civil and criminal matters are heard in state and federal courts, with federal courts taking state cases if they involve federal questions.
Precedent significantly influences the ongoing functioning of the judicial system.

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Test your knowledge with these flashcards covering Chapter 13 on Courts. Each card offers key terms and definitions related to the judiciary's role and functions. Perfect for reviewing concepts like judicial review and appellate jurisdiction.