Podcast
Questions and Answers
The party that brings a complaint in court is called the ______, and the one against whom the complaint is brought is called the ______.
The party that brings a complaint in court is called the ______, and the one against whom the complaint is brought is called the ______.
plaintiff; defendant
Prior cases whose principles are used by judges to decide current cases are called?
Prior cases whose principles are used by judges to decide current cases are called?
The doctrine of ______ requires courts to follow authoritative prior decisions when ruling on a case.
The doctrine of ______ requires courts to follow authoritative prior decisions when ruling on a case.
stare decisis
When a case is resolved through a negotiated agreement before a full trial is completed, it is called?
When a case is resolved through a negotiated agreement before a full trial is completed, it is called?
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In most circumstances, a supreme court is best described as a(n) ______ court.
In most circumstances, a supreme court is best described as a(n) ______ court.
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The right of due process is best described as the right of?
The right of due process is best described as the right of?
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All of the following are part of the official jurisdiction of the federal courts except?
All of the following are part of the official jurisdiction of the federal courts except?
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The jurisdiction of each federal court is derived from?
The jurisdiction of each federal court is derived from?
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A writ of habeas corpus declares that ______.
A writ of habeas corpus declares that ______.
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Which of the following statements about the U.S. Courts of Appeals is incorrect?
Which of the following statements about the U.S. Courts of Appeals is incorrect?
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Each year, the Supreme Court receives about ______ appeals and hears about ______ of them in full court.
Each year, the Supreme Court receives about ______ appeals and hears about ______ of them in full court.
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Original jurisdiction refers to?
Original jurisdiction refers to?
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Trial courts in the federal judicial system are called?
Trial courts in the federal judicial system are called?
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What is the main function of the chief justice of the Supreme Court?
What is the main function of the chief justice of the Supreme Court?
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The size of the U.S. Supreme Court is set by?
The size of the U.S. Supreme Court is set by?
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What was known as the court-packing plan?
What was known as the court-packing plan?
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Senatorial courtesy describes the practice of?
Senatorial courtesy describes the practice of?
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Why has partisan conflict surrounded federal judicial appointments in recent years?
Why has partisan conflict surrounded federal judicial appointments in recent years?
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In recent years, federal court appointments have?
In recent years, federal court appointments have?
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Through the exercise of ______, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.
Through the exercise of ______, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.
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Why is the Supreme Court case Marbury v. Madison important?
Why is the Supreme Court case Marbury v. Madison important?
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The power of the Supreme Court to review state actions and legislation comes from?
The power of the Supreme Court to review state actions and legislation comes from?
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Which of the following is part of the Miranda rule?
Which of the following is part of the Miranda rule?
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The case Baker v. Carr concerns?
The case Baker v. Carr concerns?
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Most cases reach the Supreme Court through the?
Most cases reach the Supreme Court through the?
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Which of the following best describes the role of the solicitor general?
Which of the following best describes the role of the solicitor general?
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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.
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.
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When the Supreme Court refuses to review a lower-court decision, announcing this decision through a brief unsigned opinion, it is called ______ opinion.
When the Supreme Court refuses to review a lower-court decision, announcing this decision through a brief unsigned opinion, it is called ______ opinion.
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The written document in which attorneys explain why the court should rule in favor of their client is called a(n) ______.
The written document in which attorneys explain why the court should rule in favor of their client is called a(n) ______.
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Under normal rules of oral argument, each lawyer has ______ to present his or her case before the Supreme Court.
Under normal rules of oral argument, each lawyer has ______ to present his or her case before the Supreme Court.
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When justices agree with the ruling of a court majority but not all of its reasoning, they may often write a(n)?
When justices agree with the ruling of a court majority but not all of its reasoning, they may often write a(n)?
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What is the significance of dissenting opinions?
What is the significance of dissenting opinions?
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If someone is an advocate of judicial restraint, he or she believes?
If someone is an advocate of judicial restraint, he or she believes?
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Activist judges believe that the courts should?
Activist judges believe that the courts should?
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What did the framers call the 'least dangerous branch'?
What did the framers call the 'least dangerous branch'?
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Study Notes
Legal Terminology and Concepts
- The party bringing a complaint in court is the plaintiff, while the opposing party is the defendant.
- Precedents are prior cases whose principles guide current case decisions.
- Stare decisis is the doctrine that mandates courts to follow established precedents in decision-making.
- A case settled through negotiation before a full trial is known as a plea bargain.
Court Systems and Jurisdiction
- Supreme Courts typically function as appellate courts, reviewing decisions made by lower courts.
- Due process ensures individuals are not treated arbitrarily by government entities.
- Federal courts have jurisdiction over treaties, federal statutes, U.S. Constitution cases, but not generally cases between citizens of the same state.
- The jurisdiction of federal courts originates from the Constitution and federal law.
Supreme Court Processes
- A writ of habeas corpus compels the government to justify an individual's detention legally.
- The Supreme Court receives approximately 10,000 appeals annually but only hears about 80 fully.
- Original jurisdiction refers to the authority of a court to hear a case first.
- District courts are the trial courts in the federal judicial system.
Chief Justice and Court Composition
- The chief justice's main role involves presiding over public sessions and private conferences of the Court.
- The size of the U.S. Supreme Court is determined by Congress, not the Constitution.
Historical Significance and Judicial Review
- The court-packing plan refers to Franklin Roosevelt's attempt to add justices sympathetic to the New Deal.
- Senatorial courtesy allows home-state senators to influence the appointment of federal judges.
- Recent federal judicial appointments are marked by intense partisan conflict, reflecting their significant impact on law and politics.
- The Supreme Court's power to review state actions originates from the decision in Marbury v. Madison, establishing judicial review.
Legal Rights and Procedures
- The Miranda rule states arrested individuals have the right to remain silent.
- Baker v. Carr pertains to the apportionment of legislative seats, ensuring equal representation.
- Cases typically reach the Supreme Court mainly via writs of certiorari.
Roles and Opinions in the Supreme Court
- The solicitor general represents the U.S. government before the Supreme Court.
- Amicus curiae briefs can be filed by interested non-parties to influence case outcomes.
- An unsigned brief issued when the Court declines to review a case is known as a per curiam opinion.
Judicial Conclusion and Variations in Opinion
- Written documents detailing arguments for court rulings are called briefs.
- Each lawyer typically has thirty minutes for oral arguments before the Supreme Court.
- Justices who agree with a majority's ruling but not its reasoning may write a concurrence.
- Dissenting opinions signal disagreement and may indicate future shifts in legal interpretations.
Judicial Philosophy
- Advocates of judicial restraint stress adherence to the Constitution's text, limiting interventions in legislative decisions.
- Activist judges support interpreting the Constitution to address broader societal implications, often prompting significant change.
Historical Perspective
- The framers considered the Supreme Court to be the "least dangerous branch" of government, emphasizing its limited powers compared to legislative or executive branches.
Studying That Suits You
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Description
Test your knowledge of government terms with these flashcards. This quiz focuses on important legal definitions, including the roles of plaintiffs and defendants, as well as the concept of precedents in law. Perfect for students studying government or law.
