AP Gov ch.9 Mariana Sachez-Monke Flashcards
amicus curiae
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.
appellate court
Court that generally reviews only findings of law made by lower courts
The appellate court is expected to hear the case late next month
Appellate jurisdiction
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 .”
brief
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.
Constitutional courts
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.
dissenting opinion
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
Chisholm v. Georgia
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)
concurring opinion
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.
Elena Kagan
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
11th Amendment
Prohibits citizens of one state or foreign country from suing another state.
federalist no. 78
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.
john jay
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.
john marshall
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. “
judicial activism
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.
judicial implementation
Refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
judicial restraint
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.
judicial review
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.
Judiciary Act of 1789
Established the basic three-tiered structure of the federal court system.
The Judiciary Act of 1789 called for the appointment of six justices.
Jurisdiction
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.
lame duck
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,
Legislative Courts
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.
Marbury v. Madison
(1803) Upheld judicial review of congressional acts
Original Jurisdiction
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.
Precedent
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
Plurality Opinion
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.
rule of four
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.
Sandra Day O’Connor
first woman supreme court justice. appointed by Reagan
Senatorial courtesy
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
Solicitor General
a law officer appointed to assist an attorney general
She can not defferentiate between the Attorney General and the Solicitor General.
Stare Decisis
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
strict constructionist
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,
trial court
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.
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, ultimately under the command of American Revolutionary war veteran Major James McFarlane
The distillery offers tours, which include some history of the Whiskey Rebellion.
writ of certiorari
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.
