Benny Martinez ch 9

Question 1

amicus curiae

Answer 1

an impartial adviser, often voluntary, to a court of law in a particular case
s-The amicus curiae is the adviser of particular cases

Question 2

appellate court

Answer 2

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

Question 3

appellate jurisdiction

Answer 3

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

Question 4

brief

Answer 4

struct or inform (someone) thoroughly, especially in preparation for a task
s- We need to brief in Beason's class I am always confused

Question 5

constitutional

Answer 5

relating to an established set of principles governing a state
s- Some court cases decisions are not constitutional

Question 6

dissenting opinion

Answer 6

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

Question 7

chisholm v. Georgia

Answer 7

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 The case was superseded in 1795 by the Eleventh Amendment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

Question 8

concurring opinion

Answer 8

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

Question 9

Elena Kagan

Answer 9

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

Question 10

eleventh amendment

Answer 10

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

Question 11

federalist no.78

Answer 11

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

Question 12

John jay

Answer 12

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

Question 13

John marshall

Answer 13

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

Question 14

judicial activism

Answer 14

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

Question 15

judicial implementation

Answer 15

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

Question 16

judicial restraint

Answer 16

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

Question 17

judicial review

Answer 17

review by the US Supreme Court of the constitutional validity of a legislative act.
s-The judicial review is constitutional

Question 18

judiciary act of 1789

Answer 18

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

Question 19

jurisdiction

Answer 19

the official power to make legal decisions and judgments

s-We need jurisdiction to check out of school

Question 20

lame duck

Answer 20

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

Question 21

legislative courts

Answer 21

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

Question 22

marbury v. madison (1803)

Answer 22

, 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

Question 23

original jurisdiction

Answer 23

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

Question 24

precedent

Answer 24

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

Question 25

plurality opinion

Answer 25

plurality opinion is in certain legal systems the opinion from a group of judges, often in an appellate court, in which no single opinion supports a majority of the court
s-The plurality opinion in the no single supporters

Question 26

rule of four

Answer 26

a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court’s docket
s-The rule of four is to grant the certiorari

Question 27

sandra day O´Connor

Answer 27

is a retired Associate Justice of the Supreme Court of the United States, who served from her appointment in 1981 by President Ronald Reagan until her retirement in 2006. She was the first woman to serve on the Court
s-Sandra day O’connor was working for Ronald Reagan

Question 28

sentorial courtesy

Answer 28

a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee’s state, especially from the senior senator of the president’s party from that state
s-we shouldn’t have had a sentorial courtesy with Trump

Question 29

solicitor general

Answer 29

the law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court
s-The solicitor general of my house is the eldest sister of mine

Question 30

stare decisis

Answer 30

the legal principle of determining points in litigation according to precedent
s-Honestly i don’t know how to use this in a sentence but stare decisis

Question 31

strict constructionist

Answer 31

In the United States, strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation
s-The strict constructionist create barriers for the judicial interpretation

Question 32

trial court

Answer 32

a court of law where cases are tried in the first place, as opposed to an appeals court
s- The Trial court was the law was tired of cases

Question 33

Whiskey rebellion

Answer 33

was a tax protest in the United States beginning in 1791 and ending in 1794 during the presidency of George Washington, ultimately under the command of American Revolutionary war veteran Major James McFarlane
s-The whiskey rebellion taxed the united states

Question 34

writ of certiorari

Answer 34

meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means “to be more fully informed.” A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it
s- The writ of certiorari is to inform all the peoples.