AP Gov Ch.9 Raquel Acosta 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
-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.
jurisdiction
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.
original jurisdiction
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.
appellate jurisdiction
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.
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
-Alexander Hamilton argued in Federalist No.78 that the ¨independence of judges¨ was needed ¨to guard the constitution and the rights of individuals.¨
judiciary act of 1789
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.
John Jay
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.
Whiskey Rebellion
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.
Chisholm v. Georgia (1793)
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).
11th Amendment
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.
John Marshall
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.
judicial review
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.
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 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.
trial court
court of original jurisdiction where cases begin
-At the bottom of the system are trial courts, where litigation begins.
appellate court
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.
constitutional (or Article III courts)
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.
legislative courts
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.
brief
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.
precedent
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.
stare decisis
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¨
senatorial courtesy
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.
Sandra Day O´Connor
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.
Elena Kagan
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.
write of certiorari
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¨
