APGOV Ch.9 vocab. kamya. auberry Flashcards
amicus curiae
‘friend of the court’ ; amici may file briefs or even appear to argue their interest orally before the court.
sentence: amicus curiae assists a court by offering information.
appellate court
Court that generally reviews only findings of law made by lower courts
sentence: appellate courts are apart of the judicial system.
appellate jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court
sentence:the courts of appeals have an 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
sentence: certain briefs are used during a case.
constitutional (or article III) courts
Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, & specialized courts
sentence:
dissenting opinions
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 losing side makes the dissenting opinion.
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.
sentence: chisholm v. georgia was the first court case of impact.
concurring opinions
a type of judicial opinion issued by a minority of judges on a court who agree with the outcome of a case and but wishes to express different legal reasoning.
sentence: the judge writes the concurring opinion.
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.
sentence: elena kagan was the fourth woman to serve as a Justice of the Supreme Court.
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: one cannot bring a suit against the federal court states.
federalist no. 78
a federalist papers essay authored by alexander hamilton that covers the role of the fedreal judiciary including the power of judicial review.
sentence: Federalist no. 78 is one of the federalist papers that deal with 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.
sentence: John Jay was a founding father of the U.S.
john Marshall
the longest- serving supreme court chief justice, Marshall served from 1801 to 1835. Marshall’s decision in marbury v. Madison established the principle of judicial review in the united states.
sentence: John Marshall was the fourth chief justice.
judicial activism
posits judges should use their power broadly to further justice
sentence: many judges believes in judicial activism.
judicial implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
sentence: to limit the court is when judicial implementation takes place.
judicial restraint
posits courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own principles courts should defer policy making to other branches of government as much as possible
sentence:many judges believes in judicial restraint
judicial review
The power of the courts to declare national, state and local laws invalid if they violate the Constitution
sentence: judicial review is needed on all cases.
judiciary act of 1789
Legislative Act that established the basic three-tiered structure of the federal government - federal district courts, courts of appeals, and Supreme Court
sentence: judiciary act of 1789 was the first session of congress.
jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case
sentence: judges have jurisdiction.
lame duck
an executive or legislature during the period just before the end of the term of office when its power and influence are considered to be diminished
sentence: the lame duck is the 20th amendment.
legislative courts
Courts established by Congress for specialized purposes
sentence: legislative courts are for special purposes like the u.s. tax court.
marbury v. madison
First assertion of judicial review power in finding that a congressional statute (Judiciary Act of 1789) extending Court’s original jurisdiction was unconstitutional
sentence: marbury v. madison was the first Supreme Court case to apply the principle of 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.
sentence:the supreme court has original jurisdiction.
precedents
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
sentence: precents were set for many cases because of marbury v. madison
plurality opinions
A type of judicial opinion that results when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision. In this instance, the legal position held by most of the justices on the winning side is called plurality opinion.
sentence: the appellate court has plurality opinions.
rule of four
At least four justices of the supreme court must vote to consider a case before it can be heard
sentence: rule of four has to have at least four of the nine judges to agree to bring a case to court.
sandra day oconnor
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 supreme court
sentence: Sandra day O’Connor was the first woman supreme court justice.
senatorial courtesy
Process for selecting federal court judges: Presidents defer selection of district court judges to choice of Senators of their own party who represent the state where the vacancy occurs
sentence: to oppose an appointment by the president for the supreme Court is a senatorial courtesy.
solicitor general
4th ranking members of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court
sentence: in the department of justice the solicitor general takes importance.
stare decisis
Reliance on past decisions or PRECEDENTS to formulate decisions in new cases
sentence:in the appellate courts a stare decisis is important
strict constructionist
A strict approach of interpreting the written word of the Constitution
sentence: strict constructionist is like the judicial restriction.
trial court
Courts with original jurisdiction
sentence: when first going to court you go to a trial court.
whiskey rebellion
a revolt of settlers in western Pennsylvania in 1794 against a federal excise tax on whiskey: suppressed by militia called out by President George Washington to establish the authority of the new national government.
sentence: the whiskey rebellion was a tax protest.
writ of certiorari
A request for the Supreme Court to order up the records from a lower court to review the case
sentence: An unsatisfied party will ask the court to grant a writ of certioari.
