APGOVAyashaHussainChapter9 Flashcards
amicus curiae
the friend of the court”; briefs that may be sent to support the position of one side or the other
Sentence:
The amicus briefs urged the court to consider a reduction in the defendant’s murder sentence.
appellate court
Appellate courts are the part of the judicial system that is responsible for hearing and reviewing appeals from legal cases that have already been heard in a trial-level or other lower court.
Sentence:
The judges have appellate jurisdiction of cases civil and criminal coming up from the lower courts.
appellate jurisdiction
a court that hears a case on appeal from a lower court
Sentence:
The judges have appellate jurisdiction of cases civil and criminal coming up from the lower courts.
brief
Legal document submitted to the court setting forth the facts of a case and supporting a particular position
Sentence:
She wrapped her arms around her knees and closed her eyes for a brief rest.
constitutional courts
Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, & specialized courts such as the U.S. Court of International Trade
Sentence:
the Supreme Court of the United States has been called the world’s oldest constitutional court because it was one of the earliest courts in the world to invalidate a law as unconstitutional
dissesenting opinions
Justice/justices who disagree with the majority opinion
Sentence:
Whilst everyone likes having an opinion resonate with others, it is incredibly important to hear any dissenting opinion so that you can temper your point of view.
chisholm v. georgia
1793 granted federal courts the affirmative power to hear disputes between private citizens and States
Sentence:
The case Chisholm v. Georgia was about private citizens.
concurring opinons
Justice/justices who agree on with the majority’s opinion but not with the reason behind the decision.
Sentence:
If any of the judges in a case agree with the ultimate decision of the majority but for different reasons, he or she may write a concurring opinion, stating how this conclusion was reached.
elena kagen
11th Dean of Harvard Law School and the 45th U.S. Solicitor General
Sentence: Elena Kagen 2010 was the Year joined in the Supreme Court
eleventh amendment
no state may be sued by a resident of another state
the government has to allow itself to be sued
Sentence:
The Eleventh Amendment was put into the after the ruling in the 1793 Supreme Court case Chisholm v. Georgia.
federalist
Powers that are shared and divided among federal and sub-divisional government (state/local)
Sentence:
Hamilton’s death marked the end of the Federalists as a power in New York.
john jay
He was the second president of the United States and a Federalist. He was responsible for passing the Alien and Sedition Acts. Prevented all-out war with France after the XYZ Affair.
Sentence: John jay passing of the Alien and Sedition Acts, which severely hurt the popularity of the Federalist party and himself
john marshall
Chief justice of the supreme court.
Sentence: John Marshall was the chief justice of the supreme court.
judicial activism
a philosophy of judicial decision-making whereby judges allow, mainly, their personal views about public policy to guide their decisions
Sentence:
The controversy between judicial activism and judicial restraint is still heavily debated.
judicial implementation
how and whether court decisions are translated into actual policy, thereby affecting the behavior of others; the courts rely on other units of government to enforce their decisions.
Sentence:
Judicial implementation is when the court decisions are translated into actual policy.
judicial restraint
judicial deference to the views of legislatures and adherence to strict jurisdictional standards.
Sentence:
The controversy between judicial activism and judicial restraint is still heavily debated.
Judicial review
allows the Supreme Court to review acts and the other branches of government and state laws and judicial decisions that involve the Constitution.
Sentence:
During the judicial review, the judge considered all of the evidence that had been presented to the lower court judge
judiciary act of 1789
In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures.
Sentence: The Judiciary act of 1789 was an act that managed to quiet popular apprehension.
juridiction
The power of a court to decide a matter in controversy
Sentence:
he judges have appellate jurisdiction of cases civil and criminal coming up from the lower courts.
lame duck
a political official during the time he or she remains in office after a defeat or inability to seek another term, whose power is therefore diminished.
Sentence:
A lame duck is someone who seeks anoter team helps.
legislative courts
claims courts, territorial courts, tax court, Court of international trade, court of appeals for the fed circuit, court of military appeals
Sentence:
The legislative court is not an constitutional courts.
marbury v. madison
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court’s power of judicial review over acts of Congress, (the Judiciary Act of 1789).
Sentence:
The marbury v. Madison was a case which the court determine the meaning of the U.S. constitution.
oriaginal jurisdiction
The authority of court to hold certain trials in certain kinds of cases.
Sentence:
The judges have appellate jurisdiction of cases civil and criminal coming up from the lower courts.
precedents
A early court decision that guides the judges decisions in later cases.
Sentence:
She was setting a precedent for the future. He set the precedent in the history of art.
Plurality Opinions
a court 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.
Sentence:
plurality opinions are the legal position held by most of the justices on the winning side is called a plurality opinion.
rule of four
at least four justices of the u.s. supreme court must agree to hear a case before a petition for a writ of certiorai is granted.
Sentence:
The rule of four is for justices of the u.s. supreme court must agree to hear a case.
Sandra Day O’Connor
The first woman to be in the Supreme Court. Appointed by Ronald Regan, O’Connor was an Associate Justice from 1981 until 2006.
Sentence:
Sandra Day O’Connor was the first women to be in the supreme court appointed by ronald regan.
senatorial coutesy
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 judgeships from the senator’s state
sentence:
Senatorial courtesy is crucial to the efficient operation of the Senate.
stare decisis
Is a legal doctrine stating that a high court should follow its own prior decision in furture cases.
Sentence:
Judicial activists also downplay stare decisis, preferring to remedy perceived judicial errors.
strict constructionist
a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take.
Sentence:
The strict constructionist a perosn who interprets the constitution.
trial court
listen to testimony, consider evidence, and decide the facts in disputed situations
Sentence:
From a legal perspective the trial court to set up protection laws and protected by law.
whiskey rebellion
A protest and rebellion against an excise tax on whiskey that turned violent.
Sentence:
The whiskey rebellion happened because of America was in debt so they decided to put a tax on whiskey, which made farmers furious.
writ of certiorari
A formal request by one or more parties in a legal case for a the Supreme Court to grant a writ of certiorari, or to agree to hear the appeal.
Semtence:
The writ of certioari was a formal request by one or more parites in a legal case.
