AP GOV Chapter 9 Key Terms-Selena Gomez Flashcards
amicus curiae
“Friend of the court”; a third party to a lawsuit who files a legal brief for the purpose of raising additional points of view in an attempt to influence a court’s decision
The court also directed the amicus curiae to submit their report on next hearing.
appellate court
Court that generally review only findings of law made by lower courts
The court has appellate jurisdiction only.
appellate jurisdiction
The power vested in an appellate court to review and/or revise the decision of a lower court
Our court has appellate jurisdiction.
brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
Can you please read the brief so we can review this court case?
constitutional (or Article III) courts
Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III
He believed that the president should not be allowed to to appoint constitutional court judges.
dissenting opinion
An opinion written by a justice who disagrees with the majority opinion/ outcome of the case
Judge Rodriguez wrote out her dissenting opinion.
Chisholm v. Georgia
The Court interpreted its jurisdiction under Article III, section 2, of the Constitution to include the right to hear suits brought by a citizen of one state against another state (denied state sovereignty).
Today we are going to review Chisholm v. Georgia.
concurring opinions
“An opinion that agrees with the court’s disposition of the case but is written to express a particular judge’s reasoning” (Princeton). However, these can sometimes be seen as a dissenting opinion in disguise. Agree with the outcome of the case but not with the legal rationale.
Justice Sandra Day O’Connor wrote in a concurring opinion.
Elena Kagen
an Associate Justice of the Supreme Court of the United States. She is the fourth woman to serve as a Justice of the Supreme Court. Kagan was born and raised in New York City.
Elena Kagen was born on April 28, 1960.
Eleventh Amendment
A state cannot be sued by a citizen of the state or another state in federal court except under certain conditions.
The eleventh amendment was passed by Congress on March 4, 1795.
Federalist No. 78
A limited Constitution requires an independent judiciary to check arbitrary and unconstitutional legislative acts. Courts have the duty “to declare all acts contrary to the manifest tenor of the Constitution void”
Mrs. Beason was supposed to give us Federalist No, 78 but instead she gave us Federalist No. 70.
John Jay
an American statesman, Patriot, diplomat, one of the Founding Fathers of the United States, negotiator and signatory of the Treaty of Paris of 1783, second Governor of New York, and the first Chief Justice of the United States
John Jay died on May, 17 1829.
John Marshall
an American politician who served as the fourth Chief Justice of the United States from 1801 to 1835
John Marshall played a role in Marbury v. Madison.
Judicial activism
A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the area of equality and personal liberty.
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 lawsuit.
Do you know what judicial implementation means?
judicial restraint
A philosophy of judicial 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 stressed the need for courts to exercise judicial restraint in deciding social issues.
judicial review
Power of the courts to review acts of other branches of government and the states. Power established by Marbury v. Madison (1803) under the Marshall Court
The court used judicial review to look over what the legislative branch was doing.
Judiciary Act of 1789
Created the Federal Judicial System. Original courts, appellate courts, Supreme Court. Part of it was struck down in Marbury v. Madison
We’re writing a paper on the Judiciary Act of 1789.
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
Donald Trump is a lame duck.
legislative courts
Courts established by Congress for specialized services, such as Court of Military Appeals.
Legislative courts may not exercise the judicial power of the United States.
Marbruy v. Madison (1803)
Supreme Court case in which the Court first asserted the power of judicial review in finding that a congressional statute extending the Court’s original jurisdiction was unconstitutional
We’ve gone over Marbury v. Madison way too many times.
original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. Courts determine the facts of a case under their original jurisdiction
The Supreme Court had original jurisdiction over this case.
precedents
Prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
They also fear that the ruling could set a legal precedent
plurality opinions
(in an election with more than 2 options) the number of votes for the candidate or party receiving the greatest number (but less that half of the votes)
Kim doesn’t understand what plurality opinions are.
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard.
The Rule of Four allowed the case from my county to be heard.
Sandra Day O’Connor
a retired Associate Justice of the Supreme Court of the United States, who served from her appointment in 1981 by President Ronald Reagan until her retirement in 2006. She was the first woman to serve on the Court.
Sandra Day O’Connor inspired several woman to become a part of the government.
Senatorial Courtesy
A tradition under which the Senate will defer to the judgment of a senator of the president’s party when determining the suitability of candidates for federal judge ships from the senator’s state
He should not be waved through because of senatorial courtesy.
solicitor general
The fourth-ranking member of the Department of Justice; responsible for handling all appeals on behalf of the U.S. government to the Supreme Court.
We elected a female solicitor general.
stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
Do you know what stare decisis means?
strict constructionist
The doctrinal view of judicial construction holding that judges should interpret a document or statute according to its literal terms, without looking to other sources to ascertain the meaning
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.
The Court of Appeals sent the case back to a trial court.
Whiskey Rebellion
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 Whiskey Rebellion occurred because of a whickey tax enacted by the government.
writ of certiorari
A request for the Court to order up the records from a lower court to review the case.
A writ of certiorari is the Supreme Court’s ordinary grant of review.
