APGOVCh.9.Hannah.Esparza 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 determined
jurisdiction
authority vested in a particular court to hear and decide the issues in a particular case
original jurisdiction
the jurisdiction of courts that hear a case 1st, usually in a trial. these courts determine the facts of a case
appellate jurisdiction
the power vested in particular courts to review and/or revise the decision of a lower 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
Judiciary Act of 1789
legislative act that established the basic three-tiered structure of the federal court system
John Jay
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
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
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 11th Amendment in 1789
11th Amendment
an amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country
John Marhsall
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
judicial review
power of the courts to review acts of other branches of government and the states
Marbury v. Madison (1803)
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
trial court
court of original jurisdiction where cases begin
appellate court
court that generally reviews only findings of law made by lower 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
legislative courts
courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims
brief
a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
precedent
a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
stare decisis
in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
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
Sandra Day O’Connor
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
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
writ of ceriorari
a request for the Supreme Court to order up the records from a lower court to review the case
Rule of Four
at least 4 justices of the supreme court must vote to consider a case before it can be heard
solicitor general
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
amicus curiae
“friend of the court”; amici may file briefs or even appear to argue their interests orally before the court
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
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
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
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
judicial activism
a philosophy of judicial decision making that posits judges should use their power broadly to further justice
strict constructionist
an approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the Framers
judicial implementation
how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
