APGOVCh.9.Arkane.Riahi Flashcards

1
Q

Lame Duck

A

D:An executive or legislature during the period just before the end of a term of office, when it’s power and influence are considered to be diminished.
S:The President was a lame duck during the end of his second term.

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2
Q

Jurisdiction

A

D:Authority vested in a particular court to hear and decide the issues in a particular case.
S:The judges have appellate jurisdiction of cases civil and criminal coming up from the lower courts.

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3
Q

Original jurisdiction

A

D:The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
S:The original jurisdictions goes with the current jurisdiction.

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4
Q

Appellate jurisdiction

A

D:The power vested in particular courts to review and/or revise the decision of a lower court.
S:The judges have appellate jurisdiction of cases civil and criminal coming up from the lower courts.

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5
Q

Federalist No. 78

A

D:A Federalist Paper essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review
S:Federalist No. 78 discusses the power of judicial review. It argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency.

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6
Q

Judiciary Act of 1789

A

D:Legislative act that established the three-tiered structure of the federal court system.
S:The Judiciary Act of 1789, officially titled “An Act to Establish the Judicial Courts of the United States,” was signed into law by President George Washington on September 24, 1789.

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7
Q

John Jay

A

D: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.
S:John Jay was an important American statesman and a Founding Father of the United States.

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8
Q

Whiskey Rebellion

A

D:A civil insurrection in 1794 that was put down by military forced by President George Washington, thereby confirming the power of the new national government.
S:Whiskey Rebellion. Whiskey Rebellion (1794) Revolt against the US government in w Pennsylvania.

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9
Q

Chisholm v. Georgia (1793)

A

D:A Supreme Court case that allowed US Citizens to bring a lawsuit against states in which they dd not reside; overturned by the 11th Amendment in 1789.
S:Chisholm v. Georgia, 2 U.S. 419, is considered the first United States Supreme Court case of significance and impact

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10
Q

11th Amendment

A

D:An amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country.
S:The Eleventh Amendment restricts the ability of individuals to bring suit against states in federal court.

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11
Q

John Marshall

A

D: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.
S:John Marshall became the fourth chief justice of the U.S. Supreme Court in 1801.

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12
Q

Judicial review

A

D:Power of the courts to review acts of other branches of government and the states
S:Judicial review is the power of a court to decide whether a law or decision by the government is constitutional.

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13
Q

Marbury v. Madison (1803)

A

D: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.
S:Marbury v. Madison” (1803) was the first important case before Marshall’s Court.

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14
Q

Trail Court

A

D:Court of original jurisdiction where cases begin.
S:The trial court summarily dismissed Aram’s claims and the Court of Appeal affirmed.

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15
Q

Appellate court

A

D:Court that generally reviews only finding of law made by lower courts.
S:The judges have appellate jurisdiction of cases civil and criminal coming up from the lower courts.

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16
Q

Constitutional (or Article III) courts

A

D:Federal courts specifically created by the US Constitution or by Congress pursuant to its authority in Article III.
S:Article III of the Constitution establishes and empowers the judicial branch of the national government.

17
Q

Legislative courts

A

D:Courts established by Congress for specialized purposes, such as the Court of Appeals fr Veterans Claims.
S:It shares with the emperor the legislative power, including the discussion and sanctioning of the budget.

18
Q

brief

A

D:a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trail.
S: a brief can be de-briefed if the other side is as clause-able arguments.

19
Q

precedent

A

D:A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
S:She was setting a precedent for the future. He set the precedent in the history of art.

20
Q

stare decisis

A

D:In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
S:The reason is the power of stare decisis, and how conservatives view the role of the Court in supporting the credibility of the law.

21
Q

senatorial courtesy

A

D: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.
S:In its defense, the blue slip is a bow in the direction of both bipartisanship and senatorial courtesy.

22
Q

Sandra Day O’Connor

A

D: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
S:Sandra Day O’Connor is a retired Associate Justice of the Supreme Court of the United States.

23
Q

Elena Kagan

A

D:An Associate Justice of the Supreme Court, appointed y President Barack Obama in 2009 while she was serving as solicitor general in his administration.
S:Elena Kagan is an Associate Justice of the Supreme Court of the United States

24
Q

writ of certiorari

A

D:A request for the Surpeme Court to order up the records from a lower court to review the case
S:Writ of Certiorari, often abbreviated cert.

25
Q

Rule of Four

A

D:At least 4 justices of the Supreme Court must vote to consider a case before it can be heard.
S:The rule of four is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari.

26
Q

Solicitor general

A

D:The 4th-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the US government to the Supreme Court.
S:From former law clerks to U.S. solicitors general, a bevy of venerable legal minds are prepared to testify in support of Brett Kavanaugh, the Supreme Court justice nominee..

27
Q

Amicus curiae

A

D:”Friend of the court”‘amici may file briefs or even appear to argue their interests orally before the court.
S:he was planning to advance this position in an amicus brief.

28
Q

Plurality opinion

A

D:A type of judicial opinion, the reasoning of which 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.
S:A plurality opinion is in certain legal systems the opinion from a group of judges, often in an appellate court, in which no single opinion supports a majority of the court.

29
Q

Concurring opinion

A

D:A type of judicial opinion issued by a minority of judges on a court who agree with the out come of a case, but wishes to express different legal reasoning.
S: If any of the judges in a case agrees 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

30
Q

Dissenting opinion

A

D: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.
S:Justice Scalia of the Supreme Court once again presented his dissenting opinion as he voted against the freedom of eating burritos .

31
Q

Judicial restraint

A

D: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.
S:Kennedy emphasized the need for courts to exercise judicial restraint when deciding civil issues.

32
Q

Judicial activism

A

D:A philosophy of judicial decision making that posits judges should use their power broadly to further justice.
S:Roe v. Wade is an example of judicial activism

33
Q

Strict Constructionist

A

D:An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Framers
S:His career as senator was marked by a degree of independence which at times made his party position uncertain, notwithstanding the fact that his political ideas continued to be those of a thoroughgoing strict constructionist.

34
Q

Judicial implementation

A

D:How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
S:Judicial restraint is a theory of how judges are to interpret laws