APGOVCh.9.Hannah.Esparza

Question 1

lame duck

Answer 1

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 determined

Question 2

jurisdiction

Answer 2

authority vested in a particular court to hear and decide the issues in a particular case

Question 3

original jurisdiction

Answer 3

the jurisdiction of courts that hear a case 1st, usually in a trial. these courts determine the facts of a case

Question 4

appellate jurisdiction

Answer 4

the power vested in particular courts to review and/or revise the decision of a lower court

Question 5

Federalist No. 78

Answer 5

A Federalist Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review

Question 6

Judiciary Act of 1789

Answer 6

legislative act that established the basic three-tiered structure of the federal court system

Question 7

John Jay

Answer 7

a member of the Founding generation who was the 1st Chief Justice of the United States. A diplomat and a co-author of the federalist papers

Question 8

Whiskey Rebellion

Answer 8

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

Question 9

Chisholm v. Georgia (1793)

Answer 9

a supreme court case that allowed U.S. citizens to bring a lawsuit against states in which they did not reside; overturned by the 11th Amendment in 1789

Question 10

11th Amendment

Answer 10

an amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country

Question 11

John Marhsall

Answer 11

the longest-serving Supreme Court chief justice, Marshall served from 1801-1835. Marshall’s decision in Marbury v. Madison (1803) established the principle of judicial review in the United States

Question 12

judicial review

Answer 12

power of the courts to review acts of other branches of government and the states

Question 13

Marbury v. Madison (1803)

Answer 13

case in which the Supreme Court 1st asserted the power of judicial review by finding that part of the congressional statute extending the Court’s original jurisdiction was unconstitutional

Question 14

trial court

Answer 14

court of original jurisdiction where cases begin

Question 15

appellate court

Answer 15

court that generally reviews only findings of law made by lower courts

Question 16

constitutional (or Article III) courts

Answer 16

federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III

Question 17

legislative courts

Answer 17

courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims

Question 18

brief

Answer 18

a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial

Question 19

precedent

Answer 19

a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature

Question 20

stare decisis

Answer 20

in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases

Question 21

senatorial courtesy

Answer 21

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

Question 22

Sandra Day O’Connor

Answer 22

an associate justice of the Supreme Court from 1981-2005 who was appointed by President Ronald Reagan as the 1st woman to serve on the Court

Question 23

Elena Kagan

Answer 23

an associate justice of the supreme court, appointed by President Barack Obama in 2009 while she was serving as solicitor general in his administration

Question 24

writ of ceriorari

Answer 24

a request for the Supreme Court to order up the records from a lower court to review the case

Question 25

Rule of Four

Answer 25

at least 4 justices of the supreme court must vote to consider a case before it can be heard

Question 26

solicitor general

Answer 26

the 4th ranking member of the Department of Justice; responsible fro handling nearly all appeals on behalf of the U.S. government to the Supreme Court

Question 27

amicus curiae

Answer 27

“friend of the court”; amici may file briefs or even appear to argue their interests orally before the court

Question 28

plurality opinion

Answer 28

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

Question 29

concurring opinion

Answer 29

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

Question 30

dissenting opinion

Answer 30

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

Question 31

judicial restraint

Answer 31

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

Question 32

judicial activism

Answer 32

a philosophy of judicial decision making that posits judges should use their power broadly to further justice

Question 33

strict constructionist

Answer 33

an approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the Framers

Question 34

judicial implementation

Answer 34

how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit