AP Gov Ch. 9

Question 1

lame duck

Answer 1

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

Question 2

jurisdiction

Answer 2

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

Question 3

original jurisdiction

Answer 3

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.

Question 4

appellate jurisdiction

Answer 4

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.

Question 5

Federalist no. 78

Answer 5

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.

Question 6

judiciary act of 1789

Answer 6

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.

Question 7

john jay

Answer 7

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.

Question 8

whiskey rebellion

Answer 8

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.

Question 9

chisholm v. georgia (1793)

Answer 9

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.

Question 10

eleventh amendment

Answer 10

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.

Question 11

John Marshall

Answer 11

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.

Question 12

judicial review

Answer 12

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.

Question 13

Marbury v. Madison

Answer 13

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.

Question 14

trial court

Answer 14

court of original jurisdiction where cases begin

Litigation begins in the lowest system of courts; trial courts.

Question 15

appellate court

Answer 15

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.

Question 16

constitutional (or article 3) courts

Answer 16

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.

Question 17

legislative courts

Answer 17

courts established by congress for specialized purposes, such as the court of appeals for veterans claims.

Under congress’ implied powers, they established legislative courts.

Question 18

brief

Answer 18

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.

Question 19

precedent

Answer 19

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

Question 20

stare decisis

Answer 20

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.”

Question 21

senatorial courtesy

Answer 21

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.

Question 22

sandra day o’connor

Answer 22

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.

Question 23

elena kegan

Answer 23

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.

Question 24

writ of certiorari

Answer 24

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.”

Question 25

rule of four

Answer 25

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.

Question 26

solicitor general

Answer 26

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.

Question 27

amicus curiae

Answer 27

“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.

Question 28

plurality opinion

Answer 28

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.

Question 29

concurring opinion

Answer 29

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.

Question 30

dissenting opinion

Answer 30

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.

Question 31

judicial activism

Answer 31

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.

Question 32

strict constructionist

Answer 32

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.

Question 33

judicial implementation

Answer 33

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.