ApGovCh.9.Alyssa.Lujano Flashcards
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.
Sentence: President Adams was considered a lame duck due to the short period of time between the election and the President’s Inauguration.
Jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case.
Sentence: The court’s two types of Jurisdiction are original and appellate.
Appellate jurisdiction
The power vested in particular courts to review and/ or revise the decision of a lower court.
Sentence: The Appellate Jurisdiction is included in all cases of the Supreme Court.
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.
Sentence: The “ independence of judges” was needed to protect the rights of the citizens and the Constitution.
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system.
Sentence: The size of the Supreme Court was set at six by the Congress, in the Judiciary Act of 1789.
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: George Washington appointed John Jay as The chief of justice of the Supreme Court.
Whiskey Rebellion
A civil insurrection in 1974 that was put down by military force by President George Washington, thereby confirming the power of the new national government.
Sentence: The imposition of a national excise tax on whiskey, led to the Whiskey Rebellion.
Chisholm v. Georgia (1793)
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: In Chisholm v. Georgia, associate Justice James Wilson declared the “ haughty notions of state independence, state sovereignty, and state supremacy” to be wrong.
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: The Judicial power was limited by the Judicial Court.
John Marshall
The longest- serving Supreme Court chief justice, Marshall served from 1801 to 1835. Marshall’s decision in Marbury v. Madison (1803) established the principle of judicial review in the United States.
Sentence: John Marshall helps establish the role and power of the court.
Judicial Review
Power of the courts to review acts of other branches of government and the states.
Sentence: John Marshall asserted that the Constitutions supremacy clause implies the right of judicial review.
Marbury v. Madison (1803)
Case in which the Supreme Court first asserted the power of judicial review by finding that part of the congressional statute extending the Court’s original jurisdiction was unconstitutional.
Sentence: Marbury v. Madison is considered one of the foundations of the U.S. Constitutional law.
Trial Court
Court of original jurisdiction where cases begin.
Sentence: The three-tiered system contains the trial courts in the bottom.
Appellate Court
Court that generally reviews only finding of law made by lower courts.
Sentence: Appellate Court are termed courts of appeals.
Constitutional (or article III) courts
Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in article III.
Sentence: Constitutional Courts help empower the judicial branch.
Legislative Courts
Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans claims.
Sentence: Legislative Courts can hear cases that range from issues of the government to custom issues.
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: After going through a Brief, the case is argued orally.
Precedent
A prior judicial decision that serves as a rule for setting subsequent cases of a similar nature.
Sentence: A precedent sets the standard for the future event.
Stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
Sentence: Stare decisis means “ let the decision stand” .
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.
Sentence: A senatorial courtesy is generally considered a non-binding political custom.
Sandra Day O’ Connor
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 Court.
Sentence: Sandra Day O’ Connor is part of the Republican Party.
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: One of the past deans of the Harvard Law School was Elena Kagan.
Writ of certiorari
A request for the Supreme Court to order up the records from lower court to review the case.
Sentence: One of the criteria that must be met for a Writ of certiorari, is that the case must come from a U.S. court of appeals, court of military appeals, district court, or a state court of last resort.
Rule of four
At least four justices of the Supreme Court must vote to consider a case before it can be heard.
Sentence: In the Rule of error, the cases that are heard may be establish national policy standards.
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.
Sentence: The Solicitor general is appointed by the President of the United States.
amicus curiae
“Friend of the court”; amici may file briefs or even appear to argue their interests orally before the court.
Sentence: The participation of the amicus curiae has increased since the 1970s.
Plurality Opinion
A type of judicial opinion, the reasoning of which is agreed to by fewer than a majority of judges on a court; although it resolves the particular case, the opinion does not establish a binding precedent.
Sentence: Plurality Opinion attracts the support of three or four justices.
Concurring Opinion
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.
Sentence: The Concurring Opinion is used to express the judge’s differing approach.
Dissenting Opinion
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 Dissenting Opinion are opinions that have little direct legal value.
Judicial restraint
A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own principles.
Sentence: Judicial Restraints defend their position by asserting that unelected judges make up the Federal Courts.
Strict Constructionist
An approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the Framers.
Sentence: Strict Constructionist argue that the Court should rely on the explicit meanings of the clauses in the document.
Judicial implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
Sentence: Judicial implementation involves implementing population.
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case. In this case, “original” means where the case started out.
Sentence: The Supreme Court usually has a Original Jurisdiction in cases involving a conflict between two or more State Governments or Public Officials.
Judicial Activism
Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law.
Sentence: Advocates of Judicial Activism usually agree that judges should be strict Constructionist.
