APGOVCh9.Jamian.Kortekaas 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.
Obama was considered a Lame Duck during the transition of power between him and President Donald Trump.
Jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case.
Circuit courts have jurisdiction over reviewing trial cases.
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
Trial Courts usually have original jurisdiction in a case.
Appellate Jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court.
Circuit Courts have appellate jurisdiction when reviewing lower court cases.
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.
Alexander Hamilton authored the Federalist No. 78.
Judiciary Act of 1789
Legislative act that established the basic three-tierd structure of the federal court system.
The Judiciary Act of 1789 led to the Marbury v. Madison case.
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.
John Jay also authored part of The Federalist Papers.
Whiskey Rebellion
A civil insurrection n 1794 that was put down by military force by President George Washington, thereby confirming the power of the new national government.
A strong national government is needed to counter insurrections such as the Whiskey Rebellion.
Chisholm v. Georgia (1793)
A Supreme Court case that allowed US citizens to bring a lawsuit against states in which they did not reside; overturned by the Eleventh Amendment in 1789.
Chisholm v. Georgia was a court case that challenged some of the ideas that Alexander Hamilton supported.
Eleventh Amendment
An amendment adopted in 1789 protecting state from being sued in federal court by a citizen of a different state or country.
The Eleventh Amendment overturned Chisholm v. Georgia.
John Marshall
The longest-serving Supreme Court chief justice. Marshal served from 1801 to 1835. Marshall’s decision in Marbury v. Madison (1803) established the principle of judicial review in the United States.
John Marshall is one of the most praised Chief Justices of the Supreme Court.
Judicial Review
Power of the courts to review acts of other branches of government and the states.
Judicial Review was a concept proposed by John Marshall.
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.
John Marshall was in charge of Marbury v. Madison.
Trial Court
Court of original jurisdiction where cases begin.
Trial Court cases can be appealed to circuit courts.
Appellate Court
Court that generally reviews only findings of law made by lower courts.
Circuit Courts are Appellate courts.
Constitutional (or Article III) Courts
Federal courts specifically created by the US Constitution or by Congress pursuant to its authority in Article III.
The Supreme Court is considered a Constitutional Court.
Legislative Courts
Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.
Legislative Courts are like the Senate Judicial Committee.
Brief
A document containing the legal written arguments in a case filled with a court by a party prior to a hearing or trial.
District Courts review Briefs before starting a trial case.
Precedent
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
The Supreme Court issues Precedents.
Stare Decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
Stare Decisis is utilized in Supreme Court cases for context.
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.
Senators can block a nomination in the process of Senatorial Courtesy.
Sandra Day O’Connor
An Associate Justice of the Supreme Corts form 1981-2005 who was appointed by Ronald Reagan as the first woman to serve on the Court.
Sandra Day O’Connor was appointed to earn the female vote for Ronald Reagan.
Elena Kagan
An Associate Justice of the Supreme Courts, appointed by President Barack Obama in 2009 while she was serving as solicitor general in his administration.
Elena Kagan is an Associate Justice who has had experience in other fields prior to joining the Supreme Court.
Writ of Certiorari
A request for the Supreme Court to order up the records from a lower court to review the case.
Subpoenas are similar to Writ of Certiorari.
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be hear.d
It is difficult for the Rule of Four to vote on Supreme Court cases.
Solicitor General
The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the US government to the Supreme Court.
The Solicitor General is apart of the Court of Appeals.
Amicus Curiae
“Friend of the court”; amici may file briefs or even appear to argue their interest orally before the court.
Briefs can be filed by the Amicus Curiae.
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.
The Plurality Opinion is made by few judges, but it is not a dissent.
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.
A Concurring Opinion is by the minority judges to wish to express differently.
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.
The Dissenting Opinion is by judges who disagree with the outcome of the case.
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.
The Senate Judicial Committee may conflict with other federal courts due to Judicial Restraint.
Judicial Activism
A philosophy of judicial decision making that posits judges should use their power broadly to further justice.
It is unknown whether Judicial Activism has been attempted.
Strict Constructionist
An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Framers.
Judicial Review is similar to Strict Constructionism.
Judicial Implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
Judicial Implementation can be used after a case has been decided.
