The Courts

1. What is the supreme law of the United States?

The U.S. Constitution.

2. What are the four major sources of American law?

• Constitutions

• Statutes

• Administrative regulations

• Case law

3. What are statutes?

are laws made by legislatures, including the Congress, state legislatures, and also county legislatures and local councils. These laws often delineate the rights (or responsibilities) of individuals.

4. What are administrative regulations?

are rules issued by administrative agencies. Courts often are called upon to interpret administrative regulations.

5. What is case law?

Law established through court decisions.

6. What does "common law" mean?

Judge-made law based on custom and legal precedent.

7. What is stare decisis?

The principle that courts follow previous decisions (precedent).

8. Why is stare decisis important?

It creates consistency, stability, and predictability in the legal system.

9. What is judicial review?

The power of courts to determine whether laws are constitutional.

10. Which case established judicial review?

Marbury v. Madison (1803)

Who wrote the majority opinion in Marbury v. Madison?

• Chief Justice John Marshall.
  

12. Is judicial review specifically mentioned in the Constitution?

no

13. What is a dual court system?

• The United States has both federal and state court systems.

14. What gives federal courts their authority?

• Article III of the U.S. Constitution.

15. What gives state courts their authority?

• State constitutions and state laws.

16. What is jurisdiction?

• The authority of a court to hear and decide cases.

What are the two main types of federal jurisdiction?

• Federal question

• Diversity of citizenship

18. What is a federal question?

• A case involving the Constitution, federal law, or treaties.

19. What is diversity of citizenship?

• Parties are from different states (or countries) and the amount in controversy exceeds $75,000.

20. What is standing to sue?

• The plaintiff must have suffered actual harm or be in danger of suffering harm nd there must be a justiciable (real, not hypothetical) controversy..

21. What are the trial courts of the federal system?

• U.S. District Courts.

22. How many federal district courts are there?

94

23. What is the role of the U.S. Courts of Appeals?

• Review decisions made by district courts.

24. Do appellate courts retry cases?

no

25. What does an appellate court review?

• Whether legal errors occurred in the lower court.

How many courts of appellate?

12

26. What is the highest court in the United States?

• The U.S. Supreme Court.

27. Does the Supreme Court mostly hear original or appellate cases?

Appellate cases.

28. What is the FISA Court?

• A secret court that issues surveillance warrants in national security cases.

29. Why was the FISA Court created?

• Under the Foreign Intelligence Surveillance Act of 1978.

30. What are Alien Removal Courts?

• Courts that determine whether suspected alien terrorists should be deported.

31. Who is the plaintiff?

• The person or organization filing a lawsuit.

32. Who is the defendant?

• The person or organization being sued.

33. What does litigate mean?

• To participate in a lawsuit.

34. What is an amicus curiae brief?

• A "friend of the court" brief submitted by someone not directly involved in the case.

35. What is a class-action lawsuit?

• A lawsuit filed on behalf of many people with similar claims.

36. What is civil contempt?

• Failure to comply with a court order benefiting another party.

37. What is criminal contempt?

• Conduct that obstructs justice or disrespects the court.

38. When does the Supreme Court term begin?

• The first Monday in October.

39. When does the Supreme Court usually adjourn?

• Late June.

40. How many justices serve on the Supreme Court?

Nine

41. What is a writ of certiorari?

• An order for a lower court to send up the case for Supreme Court review.Granting Petitions for Review.

42. What is the Rule of Four?

• Four justices must agree to hear a case.

43. Which situations make the Supreme Court more likely to hear a case?

• when two lower courts are in disagreement;

• when a lower court’s ruling conflicts with an existing Supreme Court ruling;

• when a case has broad significance (as in desegregation or abortion decisions);

• when the issue could have significance beyond the parties to the dispute; and

• when the solicitor general is pressuring the Court to hear a case. (The solicitor general represents the executive branch of the government before the Court.)

44. What is a majority opinion?

• The official opinion of the Court.

45. What is a dissenting opinion?

• An opinion disagreeing with the majority.

46. What is a concurring opinion?

• Agrees with the decision but for different legal reasons.

47. Who nominates federal judges?

• The President.

48. Who confirms federal judges?

• The U.S. Senate.

49. How long do federal judges serve?

• Life terms.

50. What is senatorial courtesy?

• Senators from a nominee's state can influence district court appointments.

51. What is judicial activism?

• Courts actively interpret the Constitution and may strike down laws.

52. What is judicial restraint?

• Courts avoid interfering with decisions of elected officials unless clearly unconstitutional.

53. What is strict construction?

• Interpreting the Constitution according to its exact wording.

54. What is broad construction?

• Interpreting the Constitution based on its purpose and context.

55. How can the president check the judiciary?

• Appoint judges and enforce court decisions.

56. How can Congress check the courts?

• Amend the Constitution

• Rewrite laws

• Control funding

57. How does public opinion influence the courts?

• Courts often avoid decisions that strongly oppose public opinion.

58. Why won't courts decide hypothetical cases?

• Courts require actual legal disputes.

60. Which doctrine requires courts to follow previous court decisions?

Stare decisis

61. Which court hears federal trials?

District Court

62. Which court established judicial review?

Marbury v. Madison

63. Which requirement means a person must be harmed before filing a lawsuit?

B. Standing

64. Which type of jurisdiction involves citizens from different states and more than $75,000?

C. Diversity jurisdiction

65. What is the Rule of Four?

B. Four justices must agree to hear a case.

66. Who writes the official decision of the Court?

C. The justice assigned to write the majority opinion

67. Which branch confirms Supreme Court nominees?

C. Senate

68. Which philosophy interprets the Constitution according to its exact wording?

C. Strict construction

69. Which court is the highest court in the United States?

C. Supreme Court

70. Which Supreme Court opinion agrees with the outcome but uses different reasoning?

C. Concurring opinion