ap gov ch 9 Flashcards
amicus curiae
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”
appellate court
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
appellate jurisdiction
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
brief
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
constitutional courts
a high court that deals primarily with constitutional law
Ac onstitutional court is the Supreme Court
dissenting opinions
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
Chisholm v georgia
granted federal courts the affirmative power to hear disputes between private citizens and states.
Chisholm v Georgia set a legal precedent
concurring opinions
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
elena kagen
Associate Justice of the Supreme Court of the United States.
Elena Kagen was nominated by Obama
eleventh amendment
restricts the ability of individuals to bring suit against states in federal court.
The eleventh amendment prevents states from ebing sued
federalist no 78
written to explicate and justify the structure of the judiciary under the proposed Constitution of the United States
Alexander Hamilton wrote federalist no 78
john jay
first chief justice of the united states
The Jay court was powerful
John Marshall
an American politician who served as the fourth Chief Justice of the United States from 1801 to 1835.
John Marshall was an influential Justice.
judicial activism
judicial rulings that are suspected of being based on personal opinion
Judicial rulings are controversial
judicial implementation
the process by which a court’s decision is enforced.
The executive branch must enforce judicial implementation.
judicial restraint
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.
judicial review
review by the US Supreme Court of the constitutional validity of a legislative act.
Marbury v Madison established judicial review
judiciary act of 1789
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
jurisdiction
the official power to make legal decisions and judgments.
“Federal courts had no jurisdiction over the case”
lame duck
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”
legislative courts
courts created by legislature, other than courts created by constitution.
Legislative courts are set up for a specified purpose
marbury v madison
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
original jurisdiction
the power to hear a case for the first time and the original ruling
Lower courts have original jurisdiction.
precedents
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”
plurality opinions
a case without an Opinion of the Court
Plurality opinions is when there is no majority agreement.
rule of four
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.
Sandra day o’connor
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
senatorial courtesy
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
solicitor general
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.
stare decisis
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
strict constructionist
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
trial court
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.
whiskey rebellion
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
writ of certiorari
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.
