APGovCh.9.Gerardo.Michel 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: A lame duck’s influence to the executive and legislature field is not as strong as it was when their term started.
Jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case.
Sentence: Jurisdiction are the responsibilities of a court and what cases (or parts of cases) they work with.
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
Sentence: Original jurisdiction is investigating the precise details of a case and fact-checking.
Appellate Jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court.
Sentence: Appellate jurisdiction can be used to catch any inconsistencies or mistakes with the lower court’s decision.
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: Federalist No. 78 was Hamilton’s view about how the judiciary should operate in the USA.
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system.
Sentence: The Judiciary Act of 1789 helped create an organized structure so that cases are more carefully and appropriately handled.
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 directly influencing the naming of the first Supreme Court, which was the Jay Court.
Whiskey Rebellion
A civil insurrection in 1794 that was put down by military force by President George Washington, thereby confirming the power of the new national government.
Sentence: The Whiskey Rebellion also helped reveal the weaknesses of the Articles of Confederation.
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 (1793), the justices interpreted the Court’s jurisdiction under Article III, section 2, to included this right to sue other states.
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 Eleventh Amendment limited judicial power of the federal courts in respect to the states.
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: Marshall is considered the most important justice to serve on the Court.
Judicial Review
Power of the courts to review acts of other branches of government and the states.
Sentence: The power of judicial review allows the Supreme Court to interpret the Constitution as required to review other branches of government.
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 (1803) was a case that caused heated political tensions in the Court as they attempted to figure it out.
Trial Court
Court of original jurisdiction where cases begin.
Sentence: The trial court is around the lowest of the courts, and it tends to be local.
Appellate Court
Court that generally reviews only findings of law made by lower courts.
Sentence: An appellate court is one of appeals which reviews cases from lower federal courts.
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 include the federal district courts, courts of appeals, and the Supreme Court.
Legislative Courts
Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.
Sentence: The legislative courts can also be known as Article I courts.
Brief
A document containing the legal written arguments in a case filled with a court by a party prior to a hearing or trial.
Sentence: A brief can help summarize yet firmly explain information about a case.
Precedent
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
Sentence: Decisions of the Supreme Court establish national precedents, which can be used as the foundation of a new decision by the courts in the future.
Stare Decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
Sentence: The principle of stare decisis allows for continuity and predictability in our judicial system.
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 can be utilized by senators to impede a nominee.
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 was appointed as part of Reagan’s promise to appoint the first woman to the court.
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 had also been a past dean of the Harvard Law School.
Writ of Certiorari
A request for the Supreme Court to order up the records from a lower court to review the case.
Sentence: The writ of certiorari can only apply to cases that come from a US court of appeals and that involve a federal question.
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard.
Sentence: The Rule of Four helps the justices decide which cases they will want to hear.
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 has a special relationship with the Supreme Court, as they handle nearly all appeals.
Amicus Curiae
“Friend of the court”; amici may file briefs or even appear to argue their interests orally before court.
Sentence: Amicus curiae participation has increased dramatically since the 1970s due to litigation being so expensive and time-consuming.
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: A plurality opinion may not have the precedential value of majority opinions, but it has still been used to decide many major cases.
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: A concurring opinion can be used when the justice feels that the destination was correct but the path that was taken to get there was not correct.
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: A dissenting opinion can be used when the justice feels neither the destination or path to get there was correct.
Judicial Restraint
A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even whey offend a judge’s own principles.
Sentence: Judicial restraint can be considered taking a conservative approach to making decisions and basing it off previous cases without much regard for judges’ principles.
Judicial Activism
A philosophy of judicial decision making that posits judges should use their power broadly to further
justice.
Sentence: Judicial activism can be considered taking a liberal approach and making new kinds of decisions for other areas (for instance, abortion and women’s rights to their body).
Strict Constructionist
An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Framers.
Sentence: A strict constructionist can be considered a heavily conservative approach, where the Constitution is the only document that holds validity.
Judicial Implementation
How and whether judicial decisions are translated into actual policies affecting more than the immediate parties to a lawsuit.
Sentence: Judicial implementation can especially be affected by how well crafted and/or popular it is.
