APGovCh9KristianRuiz 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 Lame duck is like a kids last year in high school.
Jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case.
Jurisdiction is like the issues you have written in a diary that you keep.
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the faces of the case.
The original jurisdiction is like advice that you hear from your friend that you have in your mind.
Appellate Jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court.
Appellate Jurisdiction is when you ask your sibling about the advice given by a friend to you on what to do with your loser boyfriend,
Federalist No. 78
A federalist papers essay authored by A.H. that covers the role of the federal judiciary, including the power of judicial review.
Federalist No 78 was like the burn book in Mean girls,
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system.
Judiciary act is like that three layered cake that keeps the taste explosive.
John Jay
A member of the Founding generation who was the first Chief Justice of the U.S. A diplomat and a co-author of the F papers.
John Jay is like that friend that has over achieved and makes you look lazy.
Whiskey Rebellion
A civil insurrection in the 1794 that was put down by military force by President George Washington, thereby confirming the power of the new national gov.
The whiskey rebellion is that one time you decide to break the rules and ditch school.
Chisholm vs. Georgia
A Supreme court case that allowed U.S citizens to bring a lawsuit against states in which they did not reside.
The C v G is important because its like that one time when you get into trouble with not being in school.
Eleventh Amendment
An amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or county.
The 11 amendment is that one overprotective mom that keeps you safe.
John Marshall
The longest serving Supreme Court chief justice, his decision in M v M established the principle of judicial review in the United States.
John Marshall is like that old man that keeps you up to date with all of your problems.
Judicial Review
Power of the courts to review acts of other branches of government and the states.
Judicial review is like when you pass your phone around with your friends to see what they think.
Marbury v. Madison
Case in which the S C first asserted the power of judicial review by finding that part of the congressional statute extending the Courts original jurisdiction was unconstitutional.
The M v M is like the time when you had to make sure that your cat and dog were being treated fair even though one lives indoor and the other outdoors.
Trial Court
Court of original jurisdiction where cases begin.
The trial court is important because its like the foundation of a house that is the staring point.
Appellate court
Court that generally reviews only findings of law made by lower courts.
This is like the time when you have to make a correction on your younger sisters actions because you have been there and done that.
Constitutional OR article III courts
Federal courts specifically created by the U.S constitution or by Congress pursuant to its authority in Article III.
Constitutional or article III courts are like the times when you have to have a serious judgement with someone you know.
Legislative Courts
Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.
Legislative courts is that one friend that is smart in one filed and they can give you advice on a subject.
Brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
The brief is like someones IG bio that lets you know who they are.
Precedent
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
The Precedent is like that one time you get lunch at school and now for the rest of the year you do that,
Stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
The stare decisis is important because it keeps things in order.
Senatorial courtesy
A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simple registering their objection.
Senatorial courtesy is like when you let your friend get the better piece of cake then the other people at your birthday party.
Sandra Day O´Connor
An Associate Justice of the S C who was appointed by Ronald Reagan as the first woman to serve on the court.
Sandra is like that base ball team of girls that were the first to do that because they wanted to play ball like the boys.
Elena Kagan
An Associate Justice of the Supreme Court, appointed by Barack Obama in 2009 while she was serving as solicitor general in his administration.
Elena Kagan had the hook up so good that she was able to hold a high position in office.
writ of Certiorari
A request for the Supreme court to order up the records from a lower court to review the case.
Writ of C is like when you have to pull up with old reciepts for an argument.
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 is similar to when you have to take an issue to your friends and to see what they say.
Solicitor general
The fourth-ranking member of the D of J responsible for handling nearly all appeals on behalf of the U.S gov to the S C.
Solicitor general is like that one dad that has to deal with all of the issues.
Amicus Curiae
Friend of the court; amici may file briefs or even appear to argue their interests orally before the court.
Amicus C is like that one friend that you have to keep on telling them that they are doing fine or they are going to freak out.
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 case, the opinion does not establish a binding precedent.
Plurality opinion is like that one friend that is the wise one that helps you through your issues.
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.
Concurring opinion is when your parents have the final say on an issue and you do it there way but you don´t agree with them fully.
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.
Dissenting opinion is similar to when you have all your friends tell your opinion on an issue and they don´t agree.
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 judges own principles.
Judicial restraint is similar to the time when I had to listen to my sister even though she was acting childish.
Judicial Activism
A philosophy of judicial decision making that posits judges should use their power broadly to further justice.
This judicial activism is similar to the time when I had to use my older brother power to get my sister to do something.
Strict Constructionist
An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Framers.
Strict constructionist are the people who like to stick by the rules and they are boarding people.
Judicial Implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
Judicial implementation is similar to when you post something online and not expecting much to happen and then it backfires and in real life it has an effect.
