Ap.Gov.Ch.9.Juan.Jaimes 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.
-The President was a lame duck during the end of his second term.
Jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case.
It’s not even my jurisdiction, even if there was something I could do.
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
The federal courts have original jurisdiction in certain matters, as Congress expressly provides.
Appellate Jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court.
The judges have appellate jurisdiction of cases civil and criminal coming up from the lower courts.
Federalist No. 78
A federalist Papers essay authorized by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review.
In Federalist No. 78, Hamilton said that the Judiciary branch of the proposed government would be the weakest of the three branches because it had “no influence over either the sword or the purse
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system.
The Judiciary Act of 1789 called for the appointment of six justices.
John Jay
A member of the founding generation who was the first chief justice of the US. A diplomat and a co-author of the Federalist Papers.
John Jay and Adams distrusted the good faith of the French government
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.
In 1794, Philson was arrested for his involvement in the Whiskey Rebellion.
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
Chisholm v. Georgia, (1793), U.S. Supreme Court case distinguished for at least two reasons: (1) it showed an early intention by the Court to involve itself in political matters concerning both the state and federal governments,
Eleventh Amendment
An amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country.
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
John Marshall
The longest-serving Supreme Court chief justice, Marshall served from 1801 to 1835. Marshall decision in Marbury v. Madison established the principle of judicial review in the U.S.
Chief Justice John Marshall added, “Between a balanced republic and a democracy, the difference is like that between order and chaos.
Judicial Review
Power of the courts to review acts of other branches of government and the states.
Greenpeace applied for a judicial review to challenge the court’s decision.
Marbury v. Madison
Case in which the Supreme court first asserted power of judicial review by findings that part of the congressional statute extending the Courts original jurisdiction was unconstitutional.
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that contravene the U.S. Constitution.
Trial court
Court of original jurisdiction where cases begin.
The trial court found that her demands were not petty or unreasonable, since they involved practices she felt were racially discriminatory.
Appellate Court
Court that generally reviews only findings of law made by lower courts.
Earlier this year federal appellate courts struck down the New York and Washington laws.
Constitutional courts
Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III.
It is, however, to be noticed that absolute monarchies are confined to the east of Europe and to Asia, Japan being the only established constitutional monarchy east of the Carpathians.
Legislative Courts
Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.
Besides its legislative functions, the senate is the highest court of justice in the case of political offences or the impeachment of ministers.
Brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
She wrapped her arms around her knees and closed her eyes for a brief rest.
Precedent
A prior judicial decision that serves as a rule for setting subsequent cases of a similar nature.
She was setting a precedent for the future. He set the precedent in the history of art.
State Decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
The past decisions are known as precedent.
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.
Senatorial courtesy is to be applauded rather than reprobates, but when a Senator abuses that courtesy, and uses it for purposes for which it was never intended, it becomes a fraud.
Sandra Day O’Connor
An associate justice of the Supreme Court from 1981-2005 who was appointed by President Ronald Reagan as the first women to serve the Court.
In 1981 Sandra Day O’Connor (born 1930) became the first woman to serve as a justice of the United States Supreme 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 admission.
- Look no further than Justice Elena Kagan’s majority opinion in Fry v
Rule of four
At least four justices of the Supreme court must vote to consider a case before it can be heard.
Rule of four refers to a convention that for certiorari to be granted by the U.S. Supreme Court, four justices must vote in favor of the grant
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.
a law officer appointed primarily to assist an attorney general
Amicus Curiae
¨Friend of the court¨, amici may file briefs or even appear to argue their interests orally before the court.
The Amicus Curiae originated from Roman law
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.
If any of the judges in a case agrees with the ultimate decision of the majority but for different reasons, he or she may write a concurring opinion
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.
Whilst everyone likes having an opinion resonate with others, it is incredibly important to hear any dissenting opinion so that you can temper your point of view
Judicial Restraint
A philosophy of judicial decision making that posits courts should allow the decision of other branches of government to stand, even when they offend a judges own principles.
Judicial restraint is a theory of how judges are to interpret laws.
Judicial Activism
A philosophy of judicial decision making the posits judges should use their power broadly to further justice.
Judicial restraint is a theory of how judges are to interpret laws.
Strict constructionist
An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Framers.
The Federalist party gradually showed broad-construction, nationalistic tendencies; the Anti-Federalist party became a strict-construction party and advocated popular rights against the asserted aristocratic.
Judicial Implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
Kennedy emphasized the need for courts to exercise judicial restraint when deciding civil issues. His party advocated judicial restraint in the courts and a strict adherence to the constitution.
Writ of certiorari
A request for the supreme court to order up the records from a lower court to review the case.
It may transfer any case to the supreme court or the supreme court may assume jurisdiction of any of its cases by issuing a writ of certiorari, but otherwise its decrees are final.
