AP Gov Ch.9 Jeron Tainatongo Flashcards
lame duck
executive / legislature during the period just before the end of a term of office.
A lame duck occurs when the power and influence are considered to be diminished.
jurisdiction
authority vested in a particular court to hear issues in a particular case.
Jurisdiction is also used to make a decision on a issue.
original jurisdiction
jurisdiction of courts that hear a case first, usually in a trial.
The original jurisdiction usually sees the courts determine the facts of a case.
appellate jurisdiction
power vested in particular courts to review the decision of a lower court.
The appellate jurisdiction also allows for the court to revise the decision.
Federalist No. 78
federalist papers essay authored by Hamilton that covers the role of the federal judiciary.
Federalist No. 78 also includes the power of the judicial review.
Judiciary Act of 1789
act that established the basic three-tiered structure of the federal court system.
In the Judiciary Act of 1789, Congress set the size of the Supreme Court at six.
John Jay
member of the founding generation who was the first Chief Justice of the U.S.
John Jay was a diplomat and a co-author of The Federalist Papers.
Whiskey Rebellion
civil insurrection in 1794 that was put down by military force by President George Washington.
The Whiskey Rebellion confirmed the power of the new national government.
Chisholm v Georgia
Supreme Court case that allowed U.S. citizens to bring a lawsuit against states in which they didn’t reside
Chisholm v Georgia was overturned by the Eleventh Amendment in 1789.
Eleventh Amendment
amendment that protected states from being sued in federal court by a citizen of a different state / country
The Eleventh Amendment was adopted in 1789.
John Marshall
longest-serving Supreme Court chief justice, Marshall served from 1801-1835.
Marshall’s decision in Marbury v. Madison established the principle of judicial review in the U.S.
judicial review
power of the courts to review acts of other branches of government and the states
The Marshall Court had claimed the right of the judicial review.
Marbury v. Madison
case which the Supreme Court first asserted the power of judicial review by finding that part of the congressional statue extending the court’s original jurisdiction was unconstitutional.
Marbury v. Madison ended in favor of James Madison.
trial court
court of original jurisdiction
The trial court had been where the cases had begun.
appellate court
court that reviews only finding of law made by lower courts.
The appellate court is the middle of the judiciary system in the U.S.
constitutional courts
federal courts created by the U.S. constitution.
The constitutional courts could also be created by Congress pursuant to its authority in Article III.
legislative courts
established by Congress for specialized purposes.
The legislative courts were used for the Court of Appeals for Veterans Claims.
brief
document containing the legal written arguments in a case filed with a court by a party prior to a hearing.
A brief can also filed with a court before a trial.
precedent
prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
A precedent is part of the stare decisis.
stare decisis
a reliance on past decisions to formulate decisions in new cases.
Stare decisis is seen in a court ruling.
senatorial courtesy
process by which presidents generally allow senators a judicial vacancy occurs to block a nomination by simply registering their objection.
The senatorial courtesy was historically how presidents screened their lower court nominees.
Sandra Day O’Connor
the first woman to serve on the court as an Associate Justice.
Sandra Day O’Connor served from 1981-2005 thanks to Ronald Reagan appointing her.
Elena Kagan
Associate Justice of the Supreme Court, appointed by President Obama.
Elena Kagan was appointed in 2009 while she was serving as solicitor general in his administration.
writ of certiorari
request for the Supreme Court to order up the records from a lower court to review the case.
Nearly all appellate cases that have gone to the Supreme Court arrived there on a petition for a writ of certiorari.
Rule of Four
at least four justices of the Supreme Court must vote to consider a case before it can be heard.
The Rule of Four is a part of the decision process’s ending.
solicitor general
fourth-ranking member of the Department of Justice.
The solicitor general is responsible for handling nearly all appeals on behalf of the U.S. gov to the Supreme Court.
amicus curiae
amici may file brief or even appear t argue their interest orally before the court.
Amicus Curiae is has also been referred to as “Friend of the court”.
plurality opinion
type of judiciary opinion, the reasoning of which is agreed to by fewer than a majority of judges on a court.
The plurality opinion doesn’t establish a binding precedent.
concurring opinion
type of judicial opinion issued by a minority of judges on a court who agree with the outcome of a case.
A concurring opinion wishes to express different legal reasoning.
dissenting opinion
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.
A dissenting opinion can be an important indicator of legal thought on the Court.
judicial restraint
philosophy of judiciary decision making that posits courts should allow the decisions of other branches of government to stand.
The judicial restraint take place even when they offend a judge’s own principle.
judicial activism
philosophy of judicial decision making that posits judges should use their power broadly to further justice.
Judicial Activism is referred to by using Roe v. Wade.
strict constructionist
emphasizes interpreting the Constitution as it was originally written and intended by the framers.
Strict constructionist was an approach to constitutional interpretation.
judicial implementation
how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
Judicial Implementation includes three requirements for implementation.
