ap gov ch 9

Question 1

amicus curiae

Answer 1

an impartial adviser, often voluntary, to a court of law in a particular case.

“He was planning to advance this position in an amicus curiae brief”

Question 2

appellate court

Answer 2

is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal

The appellate court is the second tier

Question 3

appellate jurisdiction

Answer 3

the power of an appellate court to review, amend and overrule decisions of a trial court or other lower tribunal

Most appellate jurisdiction is legislatively created

Question 4

brief

Answer 4

A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.

Each attorney provides a brief to the judge

Question 5

constitutional courts

Answer 5

a high court that deals primarily with constitutional law

Ac onstitutional court is the Supreme Court

Question 6

dissenting opinions

Answer 6

an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.

The dissenting opinion is a minority

Question 7

Chisholm v georgia

Answer 7

granted federal courts the affirmative power to hear disputes between private citizens and states.

Chisholm v Georgia set a legal precedent

Question 8

concurring opinions

Answer 8

a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court

A concurring opinion is the majority

Question 9

elena kagen

Answer 9

Associate Justice of the Supreme Court of the United States.

Elena Kagen was nominated by Obama

Question 10

eleventh amendment

Answer 10

restricts the ability of individuals to bring suit against states in federal court.

The eleventh amendment prevents states from ebing sued

Question 11

federalist no 78

Answer 11

written to explicate and justify the structure of the judiciary under the proposed Constitution of the United States

Alexander Hamilton wrote federalist no 78

Question 12

john jay

Answer 12

first chief justice of the united states

The Jay court was powerful

Question 13

John Marshall

Answer 13

an American politician who served as the fourth Chief Justice of the United States from 1801 to 1835.

John Marshall was an influential Justice.

Question 14

judicial activism

Answer 14

judicial rulings that are suspected of being based on personal opinion

Judicial rulings are controversial

Question 15

judicial implementation

Answer 15

the process by which a court’s decision is enforced.

The executive branch must enforce judicial implementation.

Question 16

judicial restraint

Answer 16

a theory of judicial interpretation that encourages judges to limit the exercise of their own power.

Gibbons v Ogden is known for its judicial restraint.

Question 17

judicial review

Answer 17

review by the US Supreme Court of the constitutional validity of a legislative act.

Marbury v Madison established judicial review

Question 18

judiciary act of 1789

Answer 18

Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed.

The judiciary at of 1789 established courts

Question 19

jurisdiction

Answer 19

the official power to make legal decisions and judgments.

“Federal courts had no jurisdiction over the case”

Question 20

lame duck

Answer 20

an official (especially the president) in the final period of office, after the election of a successor.

“As a lame duck, the president had nothing to lose by approving the deal”

Question 21

legislative courts

Answer 21

courts created by legislature, other than courts created by constitution.

Legislative courts are set up for a specified purpose

Question 22

marbury v madison

Answer 22

U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that contravene the U.S. Constitution.

Marbury v Madison established a precedent for judicial review

Question 23

original jurisdiction

Answer 23

the power to hear a case for the first time and the original ruling

Lower courts have original jurisdiction.

Question 24

precedents

Answer 24

a previous case or legal decision that may be or ( binding precedent ) must be followed in subsequent similar cases.

“The decision set a precedent for others to be sent to trial in the US”

Question 25

plurality opinions

Answer 25

a case without an Opinion of the Court

Plurality opinions is when there is no majority agreement.

Question 26

rule of four

Answer 26

a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari

Rule of four prevents a majority of the court from controlling.

Question 27

Sandra day o’connor

Answer 27

first woman to serve on the Supreme Court

Sandra Day O’Connor is a retired Associate Justice of the Supreme Court of the United States

Question 28

senatorial courtesy

Answer 28

a long-standing unwritten, unofficial, and nonbinding political custom in the United States describing the tendency of U.S. senators to support a Senate colleague in opposing the appointment to federal office of a presidential nominee from that Senator’s state

Senatorial courtesy is an agreement between senators

Question 29

solicitor general

Answer 29

the law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court.

The current Solicitor General, Noel Francisco, took office on September 19, 2017.

Question 30

stare decisis

Answer 30

the legal principle of determining points in litigation according to precedent.

Stare decisis is a doctrine, or an instruction, used in all court cases and with all legal issues

Question 31

strict constructionist

Answer 31

particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.

One who favors a strict contruction of the US COnstitution is a strict constructionist

Question 32

trial court

Answer 32

a court of law where cases are tried in the first place, as opposed to an appeals court.

The last major difference between the trial courts and the appellate courts is the role of the jury.

Question 33

whiskey rebellion

Answer 33

The Whiskey Rebellion was a tax protest in the United States beginning in 1791 and ending in 1794 during the presidency of George Washington

The Whiskey Rebellion was an uprising

Question 34

writ of certiorari

Answer 34

process for seeking judicial review and a writ issued by a court that agrees to review.

A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.