APGovCh.9.JustinHall

Question 1

Amicus curiae

Answer 1

“Friend of the court”; a third party to a lawsuit who files a legal brief for the purpose of raising additional points of view in an attempt to influence a court’s decision
An Amicus Curiae was used in an attempt to further educate the court on the topic.

Question 2

appellate court

Answer 2

Court that generally reviews only findings of law made by lower courts
An appellate court was called on the basis of law in the trial court.

Question 3

appellate jurisdiction

Answer 3

The jurisdiction of courts that hear cases brought to them on appeal from lower courts
Due to appellate jurisdiction, the case was appealed.

Question 4

brief

Answer 4

A legal document submitted by lawyers to courts. It sets forth the facts of a case, summarizes any lower court decisions on the case, gives the arguments for the side represented by the lawyer filing the brief, and discusses decisions in other cases that bear on the issue
The brief was not favoring the defendant in the case.

Question 5

constitutional courts

Answer 5

Lower federal courts created by Congress which exercise the judicial powers delineated in Article III of the Constitution. Its judges, therefore, enjoy two constitutional protections-they serve “during good behavior” and their salaries may not be reduced while in office
The constitutional court was shutdown because it was not serving “during good behavior”.

Question 6

dissenting opinions

Answer 6

The opinion of the justices on the losing side

There were dissenting opinions from a few within the court.

Question 7

Chisholm v. Georgia

Answer 7

(1) it showed an early intention by the Court to involve itself in political matters concerning both the state and federal governments
Chisholm v. Georgia led to the creation of the 11th amendment

Question 8

concurring opinions

Answer 8

An opinion by one or more justices who agree with the majority’s conclusion but for different reasons that they wish to express
The justices agreed, but had concurring opinions.

Question 9

Elena Kagen

Answer 9

Associate Justice of the Supreme Court, appointed by Obama in 2009
Elena Kagen served as solicitor general for some time.

Question 10

Eleventh Amendment

Answer 10

The 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
The eleventh amendment was revised in 1992

Question 11

Federalist No. 78

Answer 11

It was written to explicate and justify the structure of the judiciary under the proposed Constitution of the United States
Federalist No. 78 expresses the purpose of the judicial branch.

Question 12

John Jay

Answer 12

United States diplomat and jurist who negotiated peace treaties with Britain and served as the first chief justice of the United States Supreme Court
John Jay was appointed as the first chief justice in 1789

Question 13

John Marshall

Answer 13

American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review.
John Marshall is known as one of the most important Chief Justice in the U.S.

Question 14

judicial activism

Answer 14

holds that judges should discover the general principles underlying the Constitution and its often vague language, amplify those principles on the basis of some moral or economic philosophy, and apply them to cases

Question 15

judicial implementation

Answer 15

how and whether court decisions are translated into actual policy, thereby affecting the behavior of others; the courts rely on other units of government to enforce their decisions
Judicial Implementation hopes that the executive and legislative branch will follow through in enacting and enforcing their decisions.

Question 16

judicial restraint

Answer 16

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
Some governments practice judicial restraint.

Question 17

judicial review

Answer 17

The right of federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution
The decision was under judicial review to see if it was indeed constitutional.

Question 18

Judiciary Act of 1789

Answer 18

Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures
The Judiciary Act was a huge step in solidifying the importance of the Judicial system.

Question 19

jurisdiction

Answer 19

A given court’s authority to hear cases of a particular kind

The court didn’t have jurisdiction to review the case.

Question 20

lame duck

Answer 20

A politician who is still in office after having lost a reelection bid.
A lame duck president has less influence than before.

Question 21

legislative courts

Answer 21

courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the constitution
The legislative court was set up to fulfill a specialized case.

Question 22

Marbury v. Madison

Answer 22

A decision of the Supreme Court written by Chief justice John Marshall in 1803 which interpreted the Constitution as giving the Supreme Court the power to declare an act of Congress unconstitutional.
Marbury v. Madison led to the the power of the judiciary to be able to review cases.

Question 23

original jurisdiction

Answer 23

the authority to hear cases for the first time

The court had original jurisdiction over the case.

Question 24

precedents

Answer 24

How similar cases have been decided in the past

There was a precedent in the case due to an earlier case that was similar and already decided.

Question 25

plurality opinions

Answer 25

A court opinion that results when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision
Plurality opinions usually occur in an appellate court.

Question 26

Rule of Four

Answer 26

Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari
The Rule of Four prevents the majority of the court from controlling the Court’s docket.

Question 27

Sandra Day O’Connor

Answer 27

first woman supreme court justice.

Sandra Day O’Connor was appointed by Reagan.

Question 28

senatorial courtesy

Answer 28

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work
Due to Senatorial courtesy, most presidential appointees are approved.

Question 29

solicitor general

Answer 29

a law officer appointed to assist an attorney general

The solicitor general is the 4th highest ranking person in the U.S. Department of Justice

Question 30

stare decisis

Answer 30

Let the decision stand; decisions are based on precedents from previous cases
Due to Stare decisis, the decision was not changed

Question 31

strict constructionist

Answer 31

An approach to judicial review which holds that judges should confine themselves to applying those rules that are stated in or clearly implied by the language of the Constitution
A strict constructionist follows the constitution very closely.

Question 32

trial court

Answer 32

a court of law where cases are tried in the first place, as opposed to an appeals court
The decision of the trial court was unfavorable so it went to an appeals court.

Question 33

Whiskey Rebellion

Answer 33

The Whiskey Rebellion was a tax protest in the United States beginning in 1791 and ending in 1794 during the presidency of George Washington
The Whiskey Rebellion was one of the first real test Washington had to face as President.

Question 34

writ of certiorari

Answer 34

a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
The court ordered a writ of certiorari from the appeals court.