Benny Martinez ch 9 Flashcards
amicus curiae
an impartial adviser, often voluntary, to a court of law in a particular case
s-The amicus curiae is the adviser of particular cases
appellate court
are the part of the judicial system that is responsible for hearing and reviewing appeals from legal cases that have already been heard in a trial-level or other lower court
s-They take the smaller people problems to appellate court
appellate jurisdiction
is the power of an appellate court to review, amend and overrule decisions of a trial court or other lower tribunal. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right
s- The Appellate needs the jurisdiction to look at sertain files
brief
struct or inform (someone) thoroughly, especially in preparation for a task s- We need to brief in Beason's class I am always confused
constitutional
relating to an established set of principles governing a state
s- Some court cases decisions are not constitutional
dissenting opinion
A dissenting opinion is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report
s- what is the dissenting opinions job in the court case
chisholm v. Georgia
Chisholm v. Georgia, 2 U.S. 419, is considered the first United States Supreme Court case of significance and impact. Given its date, there was little available legal precedent. The case was superseded in 1795 by the Eleventh Amendment
s-The case chisholm v. Georgia was a case against the state
concurring opinion
a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision
s-What is the concurring opinion for the legal system
Elena Kagan
an Associate Justice of the Supreme Court of the United States. She was nominated by President Barack Obama in May 2010, and confirmed by the Senate in August of the same year
s-The lady Elena Kagan is the associated justice leader
eleventh amendment
he 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
s-The eleventh amendment doesn’t allow the judicial power of the united states
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
s- The federalist splits up the power
John jay
Patriot, diplomat, one of the Founding Fathers of the United States, negotiator and signatory of the Treaty of Paris of 1783, second Governor of New York, and the first Chief Justice of the United States
s- John Jay was one of the founding father
John marshall
an American politician who served as the fourth Chief Justice of the United States from 1801 to 1835.
s-John Marshall was the american politician
judicial activism
refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism and the specific decisions that are activist are controversial political issues
s-The judicial activism ruling the suspect
judicial implementation
the process by which a court’s decision is enforced. The executive branch must enforce court decisions, but if the president or governor disagrees with a ruling, he or she sometimes ignores it or only partially enforces it
s-The Judicial implementation enforce the courts decisions
judicial restraint
is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate
s-We use judicial restraint to hold back and not go over board
judicial review
review by the US Supreme Court of the constitutional validity of a legislative act.
s-The judicial review is constitutional
judiciary act of 1789
officially titled “An Act to Establish the Judicial Courts of the United States,” was signed into law by President George Washington on September 24, 1789. Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed
s- The Judiciary act was to hold the judicial courts
jurisdiction
the official power to make legal decisions and judgments
s-We need jurisdiction to check out of school
lame duck
an official (especially the president) in the final period of office, after the election of a successor s-The lame duck is the official election of a successor
legislative courts
are set up for some specialized purpose. For example, Court of Claims, and the U.S. Tax Court. USCS Const
s-The take smaller courts to Legislative courts
marbury v. madison (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
s-MAdison v marbury was a conversational case
original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court’s decision. Original jurisdiction refers to the right of the Supreme court to hear a case for the first time
s-we need original jurisdiction for schools
precedent
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances
s-The precedent is the thing before past
