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.