APGov ch.9 Angelina.Zamora Flashcards
Amicus Curiae
Friend of the court may file briefs or even appear to argue their interests orally before the court
In scadal Olivia Pope is a Amicus Curiae.
Appellate Court
court that generally reviews only findings of law made by lower courts.
An appellate court usually reviews lower courts.
appellate jurisdiction
the power vested in particular courts to review and/or revise the decision of a lower court.
Appellate jurisdiction is power giving to certain courts to review lower courts.
brief
a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
Lawyers have a brief ready before going to the courthouse.
constitutional courts
federal courts specifically created by the U.S Constitution or by Congress pursuant to its authority in Article 3
Constitutional courts Are given authority by article 3.
dissenting options
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
Dissenting opinions are the minority judges opinions.
Chisholm v Georgia
a supreme court case that allowed u.s citizens to bring a lawsuit against states in which they did not reside; overturned by the eleventh amendment in 1789.
Chisholm v Georgia is a supreme court case.
concurring opinions
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
Concurring opinions is a judicial opinion.
Elena Kagen
An associate justice of the supreme court appointed by Barack Obama in 2009 while she was serving as solicitor general in his administration
Elena Kagen was appointed by Barack Obama.
Eleventh Amendment
an amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country
The eleventh amendment protects the states.
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
Federalist NO.78 cover the role of the federal judiciary.
John Jay
a member of the founding generation who was the first chief justice of the united states. A diplomat and a co-author of the Federalist papers
John Jay was a diplomat.
John Marshall
the longest-serving supreme court chief justice Marshall served from 1801 to 1835 marshalls decision in Marbury v Madison established the principle of judicial review in the united states
John Marshall is the longest-serving supreme court chief justice.
Judicial activism
A philosophy of judicial making that posits judges should use their power broadly to further justice.
Judicial activism allows judges to further justice.
Judicial implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
Judicial implementation is how a decision a translated t the public.
Judicial restraint
a philosophy of judicial decision making the posits courts should allow the decisions of other branches of government to stand even when they offend a judge’s own principles.
Judicial restraint allows decisions of other branches of government to stand.
Judicial review
power of the courts to review acts of other branches of government and the states.
the courts check other branches of government by using judicial review.
Judiciary act of 1789
Legislative act that established the basic three-tiered structure of the federal court system
The judiciary act of 1789 established a three-tiered structure.
jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case.
Jurisdiction is the authority they have to decide certain issues.
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
Lame duck is the period before the end of a term of office.
legislative courts
Courts established by Congress for specialized purposes such as the court of appeals for veterans claims
Legislative courts are established by Congress.
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 courts original jurisdiction was unconstitutional
Marbury v Madison is a supreme court case that allowed judicial review.
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 is where the case was first heard.
Precedents
a prior decision that serves as a rule for setting subsequent cases of a similar nature.
Precedents are the first ruling of the case.
Plurality opinion
a type of judicial opinion the reasoning of which is agreed to by fewer than a majority
Plurality opinion is a type of judicial opinion
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 is where at least four justices have to vote to consider a case.
Sandra Day O’Connor
an associate justice of the supreme court from 19-81-2005 who was appointed by resident Ronald Regan as the first women to serve on the court
Sandra Day O’Connor was appointed by Ronald Regan.
Senatorial courtesy
A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection
Senatorial courtesy is how senators block a nomination.
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.
Solicitor general hands almost all appeals.
Stare decisis
in court ruling a reliance on past decisions or precedents to formulate decisions in new cases
Old decisions are used in new cases this is classes Stare Decisis.
strict constructionist
an approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the farmers.
Strict constructionist emphasizes interpreting the constitution.
trial court
court of original jurisdiction where cases begin
A trial court is where the cases first began.
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
The military was used in the whiskey rebellion.
Writ of certiorari
a request for the supreme court to order up the records from a lower court to review the case.
Writ of Certiorari is where the supreme court is requested to order the records from a lower case.
