AP Gov Ch.9 Raquel Acosta

Question 1

lame duck

Answer 1

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

-Adams referred to as lame duck president because it was assumed that little could be done in the period between the election and the incoming president s inauguration.

Question 2

jurisdiction

Answer 2

authority vested in a particular court to hear and the issue in a particular case

-It also discusses the types of of cases the court can hear, or its jurisdiction.

Question 3

original jurisdiction

Answer 3

the jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case

-Original jurisdiction refers to a court´s authority to hear disputes as a trial court; these courts determine the facts of the case.

Question 4

appellate jurisdiction

Answer 4

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

-Appellate jurisdiction refers to a courts ability to review and/or revise case already decided by a trial court.

Question 5

Federalist No.78

Answer 5

A federalist papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review

-Alexander Hamilton argued in Federalist No.78 that the ¨independence of judges¨ was needed ¨to guard the constitution and the rights of individuals.¨

Question 6

judiciary act of 1789

Answer 6

legislative act that established the basic 3-tiered structure of the federal court system

• The judiciary act of 1789 established the basic three-tiered structure of the federal court system.

Question 7

John Jay

Answer 7

a member of the founding generation who was the first chief justice of the united states. A diplomat ad a co-author of The Federalist Paper

-John Jay was appointed chief justice of the supreme court of the unites states by president George Washington.

Question 8

Whiskey Rebellion

Answer 8

a civil insurrection in 1794 that was put down by military force by president George Washington, thereby by confirming the power of the new national government

-As circuit court jurists, the justices rendered numerous decisions on such matters as national suppression of the whiskey rebellion.

Question 9

Chisholm v. Georgia (1793)

Answer 9

a supreme court case that allowed U.S. citizens to bring a lawsuit against states in which they did not reside; overturned by the 11th amendment in 1789

-Although federalist, including Alexander Hamilton and James Madison, had scoffed at the idea, the nationalist supreme court quickly proved them wrong in Chisholm v. Georgia (1793).

Question 10

11th Amendment

Answer 10

an amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country

-The states reaction to this perceived attack on their
authority led to passage and ratification in 1798 of the eleventh amendment to the constitution.

Question 11

John Marshall

Answer 11

the longest-serving supreme court chief justice, Marshall served from 1801 to 1835. Marshall´s decision in Marbury v. Madison (1803) established the principle of judicial review in the United States

-The actions of John Marshall who headed the court from 1805 to 1835, brought much needed respect and prestige to the court.

Question 12

judicial review

Answer 12

power of the courts to review acts other branches of government and the states

-The Marshall court claimed the right of judicial, the power of the courts to review acts of other branches of government and of the states.

Question 13

Marbury v. Madison (1803)

Answer 13

case in 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

• But in Marbury v. Madison, chief justice John Marshall claimed this sweeping authority for the court by asserting that the constitution´s supremacy clause implies the right of judicial review.

Question 14

trial court

Answer 14

court of original jurisdiction where cases begin

-At the bottom of the system are trial courts, where litigation begins.

Question 15

appellate court

Answer 15

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

-In the middle are appellate courts; these courts generally review only findings of the law made by trial courts.

Question 16

constitutional (or Article III courts)

Answer 16

federal courts specifically created by the U.S. constitution or by congress pursuant to its authority in Article III

-The federal district courts, courts of appeals, and the supreme court are called constitutional (or article III) courts because article III of the constitution either established them or authorized congress to establish them.

Question 17

legislative courts

Answer 17

courts established by congress for specialized purposes, such as the court of Appeals for veterans claims

-In addition to the constitutional courts, legislative courts are set up by congress, under its implied powers, generally for special purpose.

Question 18

brief

Answer 18

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

-Courts of appeals hear no new testimony; instead lawyers submit written arguments in what is called a brief, and they then appear to preset and argue that case orally to the three judge court.

Question 19

precedent

Answer 19

a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature

-Decisions of the U.S. Supreme Court, however are binding throughout the nation and establish national precedents, or rules for settling subsequent case of similar nature.

Question 20

stare decisis

Answer 20

in court rulings a reliance on past decisions or precedents to formulate decision in new case

-This reliance on the past decision or precedent to formulate decisions in new cases is called stare decision ¨the decision stand¨

Question 21

senatorial courtesy

Answer 21

a process by which presidents generally allow senate from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection

-Historically, presidents have screened their lower court nominees through a process known as senatorial courtesy.

Question 22

Sandra Day O´Connor

Answer 22

An associates justice of the supreme court from 1981-2005 who was appointed by presidents Ronald Reagan as the first women to serve on the court

-Justice Sandra Day O´Connor once remarked that ¨you have to be lucky¨ to be appointed to the judiciary.

Question 23

Elena Kagan

Answer 23

An associative justice of the supreme court, appointed by president Barack Obama in 2009 while she was serving as solicitor general in his administrative

-Prior to justice Antonin Scalia´s death in mid-February 2016, all nine sitting supreme court justices but one former U.S. solicitor general Elena Kagan, had prior judicial experience.

Question 24

write of certiorari

Answer 24

a request for the supreme court to order up the records from a lower court to review the case

-A write of certiorari from the latin word means ¨to be informed¨

Question 25

Rule of four

Answer 25

at least four justices of the supreme court must vote to consider a case before it can be heard

-The decisions process ends when the justices vote, and by custom, certiorari is granted according to the rule of four, when at east four justices vote to hear a case.

Question 26

solicitor general

Answer 26

the fourth-ranking member of the department of Justice, responsible for heading nearly all appeals on behalf of the U.S. government to the supreme court

-The solicitor general, also specializes in the resemblance in a small law firm within the Department justice.

Question 27

amiscus curiae

Answer 27

¨friend of the court¨, amici may file briefs or even appear to argue their interest orally before the court

-The office of the solicitor general, on behalf of the U.S government, appears as amicus curiae.

Question 28

plurality opinion

Answer 28

a type of judicial opinion, 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

-The negotiation process can lead to division in the courts majority, and can lead to court being forced to decide a case by plurality opinions, which attract the support of three or four justices.

Question 29

concurring opinion

Answer 29

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

-Justices who agree with the outcome of the case, but not with the legal rationale for the decision, may file concurring opinions to express their differing approach.

Question 30

dissenting opinion

Answer 30

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 their legal reasoning

-Justices who do not agree with the outcome of a case file dissenting opinions.

Question 31

judicial restraint

Answer 31

a philosophy of judicial decisions making that posts courts should allow the decisions of other branches of government to stand, even when they offend a judges own principle

-Advocates of judicial restraint argue that courts should allow to decision of other branches to stand, even when they offend a judges own principle.

Question 32

judicial activism

Answer 32

a philosophy of judicial decision making that post judges should use their power broadly to further justice

-Restraints refer to Roe v. Wade (1973), the case that liberalized abortion laws, as a classic example of Judicial activism run amok.

Question 33

strict constructionist

Answer 33

an approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the framers

-Advocates of judicial restraints generally agree that judges should be a strict constructionist; that is, they should interpret the constitution as the framers wrote and originally intended it.

Question 34

judicial implementation

Answer 34

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

-Judicial implementation refers to how well a decsison is implemented often depends on how crafted or popular it is.