AP GOV Chap. 9 Esmeralda Ayala Flashcards
Lame duck
An executive or legislative during the period just before the end of the term of office
Sentence: Lame duck occurs when it’s power is considered to be diminished as well as their influence.
Jurisdiction
Authority vested in a particular court to hear and decide the issue a in a particular case
Sentence: They went to the court and had a jurisdiction.
Original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial
Sentence: The original jurisdiction had determined the facts of their case.
Appellate jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court
Sentence: The court had allowed for that court to have a appellate jurisdiction.
Federalist No. 78
A Federalist Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of the judicial review
Sentence: The Federalist No. 78 had been authored by Alexander Hamilton.
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system
Sentence: The Judiciary Act of 1789 was the establishment of the federal court system.
John Jay
A member of the Foundation generation who was the first Chief Justice of the United States
Sentence: John Jay has been a co-author of The Federalist Papers.
Whiskey Rebellion
A civil insurrection in 1794 that was put down by military force by President George Washington, thereby confirming the power of the new national government
Sentence: The Whiskey Rebellion had been established in 1704 by the military force.
Chisholm v. Georgia (1793)
A Supreme Court case that allowed U.S. citizens to bring a law suit against states in which they did not reside; overturned by the Eleventh Amendment in 1789
Sentence: Chisholm v. Georgia has been overturned by the 11th Amendment.
Eleventh Amendment
An amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country
Sentence: Because the Eleventh Amendment the court case of Chisholm v. Georgia was overturned.
John Marshall
Marshall served from 1801 to 1835. Marshall’s decisión in Marbury v. Madison established the principle of judicial review in the United States
Sentence: John Marshall was the longest serving Supreme Court Justice
Judicial review
Power of the courts to review acts of other branches of government and the states
Sentences: The judicial review had allowed for the courts to review the acts of other branches.
Marbury v. Madison
Case in which the Supreme Court first asserted the power of judicial review by finding the part of the congressional statute extending the Court’s original jurisdiction was unconstitutional
Sentence: The Marbury v. Madison was established by Marshall’s decision.
Trial court
Court of original jurisdiction where cases begin
Sentence: The original jurisdiction take place in a trial court.
Appellate court
Court that generally reviewed only findings of law made by lower courts
Sentence: The appellate court only occurred because it was reviewed by a lower court.
Constitutional courts
Federal courts specifically created by the U.S. Constitutional
Sentence: The constitutional courts were the Article III.
Legislative court
Court established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims
Sentence: The legislative court was created for the Veterans and other specialized purposes.
Brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
Sentence: She had created a brief for the hearing that would be established later.
Precedent
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
Sentence: There was a precedent for the cases that were similar by the judiciary.
Stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
Sentence: The Stare decisis was settled because of an old court ruling.
Senatorial courtesy
A process by which presidents generally allows senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection
Sentence: The president was allowed to register their objection because the senatorial courtesy.
Sandra Day O’Connor
An Associate Justice of the Supreme Court from 1981-2005 who was appointed by President Ronald Reagan as the first woman to serve on the Court
Sentence: Sandra Day O’Connor was appointed by President Ronald Reagan.
Elena Kagan
An Associate Justice of the Supreme Court, appointed by President Barack Obama in 2009 while she was serving as solicitor general in his administration
Sentences: Elena Kagan had been appointed by President Barack Obama.
writ of certiorari
A request for the Supreme Court to order up the records from a lower court to review the case
Sentence: They had requested 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
Sentence: They had the rule of four before looking at the case.
Solicitor general
The fourth ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court
Sentence: The solicitor general had to look overall all the appeals.
Amicus Curiae
“Friend of the court”: amici may file briefs or even appear to argue their interest orally before the court
Sentence: Amicus Curiae had been available for some of the people.
Plurality opinion
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
Sentence: The plurality opinion does not establish a binding precedent.
Concurring opinion
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
Sentence: The concurring opinion is a minority of judges on a court who agree with the out.
Dissenting opinion
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
Sentence: The dissenting opinion is only done by a minority of judges.
Judicial restraint
A philosophy decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own principles
Sentence: They had used the judicial restraint for the decision that needed to be made.
Judicial activism
A philosophy of judicial decision making that posits judges should use their power broadly to further justices
Sentence: They needed the judicial activism to allow for further justices and the right use of power.
Strict
An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Framers
Sentence: The strict was needed for the Framers.
Judicial implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
Sentence: The judicial implementation had been translated to make sure it could affect a lawsuit.
