AP Gov Ch. 9 Flashcards
lame duck
an executive or legislature during the period just before the end of a term of office, when its power and influence are considered to be diminished
John adams was considered a lame duck president because it was assumed that there could be little accomplished between the time of the election and a presidents inauguration
jurisdiction
authority vested in a particular court to hear and decide the issues in a particular case
courts have two different types of jurisdiction, original or appellate
original jurisdiction
the jurisdiction of courts that hear a case first, usually in a trial. theses courts determine the facts of a case
The facts of a case are determined original jurisdiction.
appellate jurisdiction
the power vested in particular courts to review and/or revise the decision of a lower court
The supreme court has appellate jurisdiction over all decisions.
Federalist no. 78
a federalist papers essay authored by alexander hamilton that covers the role of the federal judiciary, including the power of judicial review
In federalist no. 78, alexander hamilton argued that it was necessary for the judges to be independent in order to protect the constitution.
judiciary act of 1789
legislative act that established the basic three tiered structure of the federal court system
The structure of our federal court-system was established by the judiciary act of 1789.
john jay
a member of the founding generation who was the first chief justice of the united states. a diplomat and a co-author of the federalist papers
George washington had appointed John Jay to the chief justice of the united states.
whiskey rebellion
a civil insurrection in 1794 that was put down by military force by george washington, thereby confirming the power of the new national government
George washington sent down an army to put down the whiskey rebellion.
chisholm v. georgia (1793)
a supreme court case that allowed U.S. citizens to bring a lawsuit against states in which they did not reside; overturned by the eleventh amendment in 1789
Because of chisholm v. georgia, citizens from different states had the legal authority to sue one another.
eleventh amendment
an amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state/country
Someone from texas cannot sue someone living in california due to the eleventh amendment.
John Marshall
the longest serving supreme court chief justice. marshall served from 1801-1835. Marshall’s decision in Marbury v. Madison (1803) established the principle of judicial review in the united states
John marshall was the longest serving chief justice on the supreme court.
judicial review
power of the courts to review acts of other branches of government and the states
Following the decision made by John marshall, judicial review was granted to the courts.
Marbury v. Madison
case in which the supreme court first asserted the power of judicial review by finding that part of the congressional statute extending the court’s original jurisdiction was unconstitutional
The decision of Marbury v. Madison established that the power of judicial review was given to the courts.
trial court
court of original jurisdiction where cases begin
Litigation begins in the lowest system of courts; trial courts.
appellate court
court that generally reviews only findings of law made by lower courts
The function of an appellate court is to review the findings of trial courts.
constitutional (or article 3) courts
federal courts specifically created by the U.S. constitution or by congress pursuant to its authority in article 3.
The federal districts, courts of appeals, and the supreme court are called constitutional courts.
legislative courts
courts established by congress for specialized purposes, such as the court of appeals for veterans claims.
Under congress’ implied powers, they established legislative courts.
brief
a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
Lawyers write written statements called briefs to the court of appeals.
precedent
a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
Any time the supreme court makes a decision, it establishes national precedents
stare decisis
in court rulings, a reliance on past decisions or precedents to formulate decisions in a new case
Stare decisis is a latin phrase that stands for “let the decision stand.”
senatorial courtesy
a process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection
Presidents have screened their lower court nominees through a process known as senatorial courtesy.
sandra day o’connor
An associate justice of the supreme court from 1981-2005 who was appointed by president ronald reagan as the first woman to serve on the court
It was said by Sandra day o’connor that to be appointed to the court you had to be lucky.
elena kegan
an associate justice of the supreme court, appointed by president barack obama in 2009 while she was serving as solicitor general in his admission.
While barack obama was president, he appointed Elena Kegan to the supreme court.
writ of certiorari
a request for the supreme court to order up the records from a lower court to review the case
Writ for Certiorari comes from the latin saying meaning
“to be informed.”
rule of four
at lease four justices of the supreme court must vote to consider a case before it can be heard
The decision process ends with the justices vote, and by custom, certiorari is granted according to the rule of four.
solicitor general
the fourth ranking member of the department of justice, responsible for handling nearly all appeals of the supreme court
A solicitor general is responsible for announcing whether the supreme court will hear a case.
amicus curiae
“friend of the court” amici may file briefs or even appear to argue their interests orally before the court.
On behalf of the U.S. Government, the solicitor general appears as a party or as an amicus curiae.
plurality opinion
a type of judicial opinion, the reasoning of which is agreed to by fewer than a majority of judges on a court; although it resolves the particular case, the opinion does not establish a binding precedent
Sometimes, the court is forced to reach a verdict bases on plurality opinion.
concurring opinion
a type of judicial opinion issued by a minority of judges on a court who agree with the outcome of a case, but wishes to express different legal reasoning.
Often times judges that agree with the outcome of the case, may file concurring opinions.
dissenting opinion
a type of judicial opinion issued by a minority of judges on a court who disagree with the outcome of a case and wish to explain their legal reasoning
When a Justice does not agree with a case, they file a dissenting opinion.
judicial activism
a philosophy of judicial decision making that posits courts should use their power broadly to further justice.
Roe v. Wade is often referred to as the main example of judicial activism.
strict constructionist
an approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the framers.
Advocates of judicial restraint generally can agree that judges should be strict constructionists.
judicial implementation
how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
Judicial implementation is the translation from decision to actual public policies that affect more than immediate parties to a lawsuit.
