AP Gov Ch 9 - Alyssa Rosales 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.
Jurisdiction
authority vested in a particular court to hear and decide the issues in a particular case.
Original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
Appellate jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court.
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.
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system.
John Jay
A member of the founding generation who was first Chief Justice of the United States. A diplomat and a co-author of the Federalist Papers.
Whiskey Rebellion
A civil insurrection in 1794 that was put down by military force by President George Washington, thereby confirming the power of the new national government.
Chisholm v. Georgia
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.
Eleventh Amendment
An amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country.
John Marshall
The longest-serving Supreme Court chief justice, Marshall’s decision in Marbury v. Madison (1803) established the principle of judicial review in the United States.
Judicial Review
Power of the courts to review acts of other branches of government and the states.
Marbury v. Madison (1803)
Case in which the Supreme Court first asserted the power of judicial review by finding that part of the congressional statue extending the Courtś original jurisdiction was unconstitutional.
Trial Court
Court of original jurisdiction where cases begin.
Appellate Court
Court that generally reviews only findings of law made by lower courts.
Constitutional (or Article III) Courts
federal courts specifically created by the US Constitution or by Congress pursuant to its Authority in Article III.
Legislative Courts
courts established by Congress for specialized purposes such as the Court of Appeals for Veterans Claims.
Brief
a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
Precedent
a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
Stare decisis
In court rulings a reliance on past decisions or precedents to formulate decisions in new cases
Senatorial courtesy
A process by which presidents are generally allow senators from the state in which a judicial vacancy occurs to block a domination by simply registering their objection
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.
Elena Keagan
And associate justice of the supreme court appointed by President Barack Obama 2009 while she was serving a solicitor General his admission
Writ of certiorari
A request for the supreme court to order up the records from a lower court to review the case
Rule of four
at least for justices of the Supreme Court must vote to consider a case before it can be heard
Solicitor general
The fourth ranking member of the department of justice responsible for handling nearly all appeals on behalf of the US government to the Supreme Court
Amicus curiae
“friend of the court” amici May file briefs or even appear to argue their interest orally before the court
Plurality opinions
a type of judicial power, 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.
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.
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 legal reasoning.
Judicial restraint
a philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judges own principle.
Judicial activism
a philosophy of judicial decision making that posits judges should use their power broadly to further justice.
Strict constructionist
an approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the framers
Judicial implementation
how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
