AP Gov ch.9 Mariana Sachez-Monke

Question 1

amicus curiae

Answer 1

Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court’s decision.

Michael Chertoff argued on behalf of the United States as amicus curiae.

Question 2

appellate court

Answer 2

Court that generally reviews only findings of law made by lower courts

The appellate court is expected to hear the case late next month

Question 3

Appellate jurisdiction

Answer 3

The power vested in particular courts to review and/or revise the decision of a lower court

The Seventh Amendment limits “ appellate jurisdiction over matters of fact .”

Question 4

brief

Answer 4

A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial

Their wait was rewarded by a brief but personal royal visit.

Question 5

Constitutional courts

Answer 5

Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, & specialized courts

Opposition legislators then submitted it to the constitutional court for review.

Question 6

dissenting opinion

Answer 6

A dissenting opinion is 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.

While having a discussion, debate, or argument, it is important to maintain civility by expressing a dissenting opinion diplomatically so as not to offend or upset the other person

Question 7

Chisholm v. Georgia

Answer 7

Held that states did not enjoy sovereign immunity from lawsuits brought by residents of other states (Overruled by the 11th Amendment-provides that states may not be sued in federal court by citizens of another state or country without the consent of the states being sued)

Question 8

concurring opinion

Answer 8

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

But a concurring opinion contained the remark that the government should show the “necessity” of forcing reporters to testify.

Question 9

Elena Kagan

Answer 9

liberal; youngest

(1) New York, New York
(2) she became a law professor, first at the University of Chicago Law School and later at Harvard Law School
(3) four years in the Clinton Administration
(4) President Obama nominated her as the Solicitor General of the United States; after a year, nominated her as an Associate Justice

Question 10

11th Amendment

Answer 10

Prohibits citizens of one state or foreign country from suing another state.

Question 11

federalist no. 78

Answer 11

Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. Like all of The Federalist papers, it was published under the pseudonym Publius.

Question 12

john jay

Answer 12

United States diplomat and jurist who negotiated peace treaties with Britain and served as the first chief justice of the United States Supreme Court

After graduatingfrom college, James became a firefighter and is now in a master’s program infire protection services at John Jay College.

Question 13

john marshall

Answer 13

created the precedent of judicial review; ruled on many early decisions that gave the federal government more power, especially the supreme court

Say John Marshall , and education official, “ we are becoming relatively tolerant of home schoolers. “

Question 14

judicial activism

Answer 14

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

Critics said the ruling was a case of improper judicial activism.

Question 15

judicial implementation

Answer 15

Refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.

Question 16

judicial restraint

Answer 16

A philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own sense of principles.

He advocated judicial restraint and strict constructionism as judicial philosophies.

Question 17

judicial review

Answer 17

Power of the courts to review acts of other branches of government and the states.

The proposed changes, which include judicial review of appeals fill eight pages.

Question 18

Judiciary Act of 1789

Answer 18

Established the basic three-tiered structure of the federal court system.

The Judiciary Act of 1789 called for the appointment of six justices.

Question 19

Jurisdiction

Answer 19

A given court’s authority to hear cases of a particular kind. Jurisdiction maybe original or appellate.

The federal government has jurisdiction over certain crimes on Indian reservations.

Question 20

lame duck

Answer 20

A politician who is still in office after having lost a reelection bid. legislative veto. The rejection of a presidential or administrative action by a vote of one or both houses of Congress without the consent of the president. representative democracy.

This was an unfair and undemocratic act of the lame duck government,

Question 21

Legislative Courts

Answer 21

Courts created by Congress for specialized purposes whose judges do not enjoy the protection of Article III of the Constitution

Legislative courts may not exercise the judicial power of the United States.

Question 22

Marbury v. Madison

Answer 22

(1803) Upheld judicial review of congressional acts

Question 23

Original Jurisdiction

Answer 23

The authority of a given court to be the first court to hear a case.

The conferral of original jurisdiction creates some problems for the High Court.

Question 24

Precedent

Answer 24

A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts

I would hope that biology alone should not be given precedent

Question 25

Plurality Opinion

Answer 25

A court opinion that results when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision. In this instance, the legal position held by most of the justices on the winning side is called plurality opinion.

O’Connor wrote a plurality opinion that Rehnquist, Breyer and Ginsburg joined.

Question 26

rule of four

Answer 26

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Their 37-year period of dominance witnessed the rule of four different members of the dynasty.

Question 27

Sandra Day O’Connor

Answer 27

first woman supreme court justice. appointed by Reagan

Question 28

Senatorial courtesy

Answer 28

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

Senatorial courtesy is crucial to the efficient operation of the Senate

Question 29

Solicitor General

Answer 29

a law officer appointed to assist an attorney general

She can not defferentiate between the Attorney General and the Solicitor General.

Question 30

Stare Decisis

Answer 30

Let the decision stand; decisions are based on precedents from previous cases

We do not minimize the role that stare decisis plays in our jurisprudence

Question 31

strict constructionist

Answer 31

one who favors giving a narrow conservative construction of a given document or instrument

A strict constructionist judge is one who strictly interprets the constitution,

Question 32

trial court

Answer 32

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

He won, at the trial court and the State Court of Appeals.

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, ultimately under the command of American Revolutionary war veteran Major James McFarlane

The distillery offers tours, which include some history of the Whiskey Rebellion.

Question 34

writ of certiorari

Answer 34

often abbreviated cert. in the United States, is a process for seeking judicial review and a writ issued by a court that agrees to review.

It may transfer any case to the supreme court or the supreme court may assume jurisdiction of any of its cases by issuing a writ of certiorari, but otherwise its decrees are final.