AP GOV Chapter 9 Key Terms-Selena Gomez

Question 1

amicus curiae

Answer 1

“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.

Question 2

appellate court

Answer 2

Court that generally review only findings of law made by lower courts

The court has appellate jurisdiction only.

Question 3

appellate jurisdiction

Answer 3

The power vested in an appellate court to review and/or revise the decision of a lower court

Our court has appellate jurisdiction.

Question 4

brief

Answer 4

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?

Question 5

constitutional (or Article III) courts

Answer 5

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.

Question 6

dissenting opinion

Answer 6

An opinion written by a justice who disagrees with the majority opinion/ outcome of the case

Judge Rodriguez wrote out her dissenting opinion.

Question 7

Chisholm v. Georgia

Answer 7

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.

Question 8

concurring opinions

Answer 8

“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.

Question 9

Elena Kagen

Answer 9

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.

Question 10

Eleventh Amendment

Answer 10

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.

Question 11

Federalist No. 78

Answer 11

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.

Question 12

John Jay

Answer 12

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.

Question 13

John Marshall

Answer 13

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.

Question 14

Judicial activism

Answer 14

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.

Question 15

judicial implementation

Answer 15

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?

Question 16

judicial restraint

Answer 16

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.

Question 17

judicial review

Answer 17

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.

Question 18

Judiciary Act of 1789

Answer 18

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.

Question 19

jurisdiction

Answer 19

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.

Question 20

lame duck

Answer 20

A politician who is still in office after having lost a reelection bid

Donald Trump is a lame duck.

Question 21

legislative courts

Answer 21

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.

Question 22

Marbruy v. Madison (1803)

Answer 22

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.

Question 23

original jurisdiction

Answer 23

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.

Question 24

precedents

Answer 24

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

Question 25

plurality opinions

Answer 25

(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.

Question 26

Rule of Four

Answer 26

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.

Question 27

Sandra Day O’Connor

Answer 27

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.

Question 28

Senatorial Courtesy

Answer 28

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.

Question 29

solicitor general

Answer 29

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.

Question 30

stare decisis

Answer 30

In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.

Do you know what stare decisis means?

Question 31

strict constructionist

Answer 31

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.

Question 32

trial court

Answer 32

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.

Question 33

Whiskey Rebellion

Answer 33

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.

Question 34

writ of certiorari

Answer 34

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.