APGOVCH.9.Cecilia.Martinez

Question 1

amicus curiae

Answer 1

is someone who is not a party to a case and may or may not have been solicited by a party and who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case; and is typically presented in the form of a brief.

He was planning to advance this position in an amicus brief.

Question 2

Appellate court

Answer 2

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.

An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court.

Question 3

appelate jurisdiction

Answer 3

includes the power to reverse or modify the the lower court’s decision.

Appellate jurisdiction exists for both civil law and criminal law.

Question 4

brief

Answer 4

submitted to lay out the argument for various petitions and motions before the court (sometimes called “points and authorities”), to counter the arguments of opposing lawyers, and to provide the judge or judges with reasons to rule in favor of the party represented by the brief writer.

We take it as a given that the facts section is the most important part of the brief for persuading judges.

Question 5

constitutional courts

Answer 5

a high court that deals primarily with constitutional law.

Article I courts, which are also known as “legislative courts”, consist of regulatory agencies, such as the United States Tax Court.

Question 6

dissenting opinions

Answer 6

is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.

When not necessarily referring to a legal decision, this can also be referred to as a minority report.

Question 7

Chisholm v. Georgia

Answer 7

is considered the first United States Supreme Court case of significance and impact.

The case was superseded in 1795 by the Eleventh Amendment.

Question 8

concurring opinions

Answer 8

is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision.

A concurring opinion, is authored by one or more justices, and agrees with the outcome decided by the majority, but state other reasons supporting the outcomes.

Question 9

Elena Kagen

Answer 9

is an Associate Justice of the Supreme Court of the United States. She was nominated by President Barack Obama in May 2010, and confirmed by the Senate in August of the same year.

She is the fourth woman to serve as a Justice of the Supreme Court. Kagan was born and raised in New York City.

Question 10

Eleventh Amendment

Answer 10

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

This amendment established the legal doctrine of “sovereign immunity”.

Question 11

Federalist No.78

Answer 11

an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. Like all of The Federalist papers, it was published under the pseudonym Publius.

The judicial branch is considered the weakest branch because it cannot act unless it is called for by a case.

Question 12

John Jay

Answer 12

was an American statesman, Patriot, diplomat, one of the Founding Fathers of the United States, negotiator and signatory of the Treaty of Paris of 1783, second Governor of New York, and the first Chief Justice of the United States (1789–1795).

John Jay resigned from the Supreme Court bench to become the Second Governor of New York.

Question 13

John Marshall

Answer 13

was an American politician who served as the fourth Chief Justice of the United States from 1801 to 1835.

Marshall used Federalist approaches to build a strong federal government over the opposition of the Jeffersonian Republicans.

Question 14

Judicial activism

Answer 14

judicial rulings that are suspected of being based on personal opinion, rather than on existing law.

It is sometimes used as an antonym of judicial restraint.

Question 15

judicial implementation

Answer 15

The executive branch must enforce court decisions, but if the president or governor disagrees with a ruling, he or she sometimes ignores it or only partially enforces it.

Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law.

Question 16

judicial restraint

Answer 16

a theory of judicial interpretation that encourages judges to limit the exercise of their own power.

One case which is known for its judicial restraint is the 1824 case entitled Gibbons v. Ogden.

Question 17

Judicial review

Answer 17

is a process under which executive or legislative actions are subject to review by the judiciary.

The Supreme Court has exercised this power, for example, to revoke state laws that denied civil rights guaranteed by the Constitution.

Question 18

Judiciary act of 1789

Answer 18

was a United States federal statute adopted on September 24, 1789, in the first session of the First United States Congress.

It established the federal judiciary of the United States.

Question 19

Jurisdiction

Answer 19

the official power to make legal decisions and judgments.

An example of jurisdiction is a court having control over legal decisions made about a certain group of towns.

Question 20

Lame duck

Answer 20

an official (especially the president) in the final period of office, after the election of a successor.

The official is often seen as having less influence with other politicians due to their limited time left in office.

Question 21

Legislative courts

Answer 21

refer to courts created by legislature, other than courts created by constitution. Legislative courts are set up for some specialized purpose.

There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called the U.S. Courts of Appeals.

Question 22

Marbury v. Madison (1803)

Answer 22

was a U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that contravene the U.S. Constitution.

The court’s opinion, written by Chief Justice John Marshall, is considered one of the foundations of U.S. constitutional law.

Question 23

Original jurisdiction

Answer 23

is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court’s decision. Original jurisdiction refers to the right of the Supreme court to hear a case for the first time.

The original jurisdiction is set forth in the United States Code.

Question 24

precedents

Answer 24

a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

Precedent is a principle or rule established in a previous legal case that is either binding on or persuasive.

Question 25

Plurality opinions

Answer 25

the opinion from a group of judges, often in an appellate court, in which no single opinion supports a majority of the court.

Concurring opinions are not binding precedent and cannot be cited as such.

Question 26

Rule of Four

Answer 26

is a Supreme Court of the United States practice that permits four of the nine justices to grant a write of certiorari.

Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case.

Question 27

Sandra Day O’Connor

Answer 27

is a retired Associate Justice of the Supreme Court of the United States, who served from her appointment in 1981 by President Ronald Reagan until her retirement in 2006.

She was the first woman to serve on the Court.

Question 28

Senatorial Courtesy

Answer 28

a long-standing unwritten, unofficial, and nonbinding political custom in the United States describing the tendency of U.S. senators to support a Senate colleague in opposing the appointment to federal office of a presidential nominee from that Senator’s state.

Though unofficial, the practice of senatorial courtesy plays an important role in the appointments of official positions.

Question 29

solicitor general

Answer 29

is the fourth-highest-ranking official in the United States Department of Justice. The current Solicitor General, Noel Francisco, took office on September 19, 2017.

Ranjit Kumar is the present Solicitor General of India, whose tenure has been extended by the Government of India

Question 30

Stare decisis

Answer 30

precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

Stare decisis means that courts look to past, similar issues to guide their decisions.

Question 31

strict constructionist

Answer 31

refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.

Under strict constructionism, a judge can interpret a text as it is written, considering only what is presented within the four corners of the legal document.

Question 32

trial court

Answer 32

is a court having original jurisdiction, in which trials take place.

The last major difference between the trial courts and the appellate courts is the role of the jury.

Question 33

Whiskey Rebellion

Answer 33

was a tax protest in the United States beginning in 1791 and ending in 1794 during the presidency of George Washington, ultimately under the command of American Revolutionary war veteran Major James McFarlane.

It was provoked by a tax on whisky, and was the first serious challenge to federal authority.

Question 34

Writ of Certiorari

Answer 34

process for seeking judicial review and a writ issued by a court that agrees to review.

A certiorari is issued by a superior court, directing an inferior court.