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.