Ch.9 Caiou dowds

Question 1

amicus curiae

Answer 1

someone who is not a party to a case and may or may not have been solicited by a party and who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case; and is typically presented in the form of a brief.
“An amicus curiae was used to see how relevant the brief was.”

Question 2

appellate court

Answer 2

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..
“The appellate court was called to work on this appeal.”

Question 3

appellate jurisdiction

Answer 3

the power of an appellate court to review, amend and overrule decisions of a trial court or other lower tribunal.
“The appellate jurisdiction was used to overrule a case.”

Question 4

brief

Answer 4

a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.
“The company got sued so they used a brief to appeal it.”

Question 5

constitutional (or article III) courts

Answer 5

a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things.
“Constitutional courts are used to settle disputes.”

Question 6

Dissenting opinions

Answer 6

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.
“The two judges had dissenting opinions.”

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 The case was superseded in 1795 by the Eleventh Amendment.
“Chisholm v. georgia was superseded by the 11th amendment.”

Question 8

Concurring opinions

Answer 8

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.
“the two judges had concurring opinions.”

Question 9

Elena Kagen

Answer 9

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. She is the fourth woman to serve as a Justice of the Supreme Court.
‘‘Elena Kagan was born and raised in New York City”

Question 10

11th amendment

Answer 10

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.
“The 11th amendment helped established the court system.”

Question 11

federalist no. 78

Answer 11

Written in 1788, Federalist 78 is famous (among lawyers, at least) for its description of the federal judiciary as “the least dangerous branch,” and for its defense of judicial independence and the constitutional power of “judicial review,” by which courts declare statutes unconstitutional.
“Federalist #78 called for constitutional power in unconstitutional ways.”

Question 12

John Jay

Answer 12

John Jay (December 23, 1745 – May 17, 1829) was an American statesman, 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 (1789–1795)
"John Jay died May 17, 1829."

Question 13

John Marshall

Answer 13

John James Marshall was an American politician who served as the fourth Chief Justice of the United States from 1801 to 1835.
“John Marshall was the 4th chief justice.”

Question 14

Judicial activism

Answer 14

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.
“Judicial activism acts on opinion.”

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.
“When the court enforces a decision it’s considered judicial implementation.”

Question 16

judicial restraint

Answer 16

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.
“Judicial restraint asserts the law and constitutionality of cases.”

Question 17

judicial review

Answer 17

a process under which executive or legislative actions are subject to review by the judiciary.
“The judiciary can review other branches by judicial review.”

Question 18

judiciary Act of 1789

Answer 18

Congress passed this act which created the federal-court system. This quieted popular apprehension by establishing in each state a federal district court that operated according to local procedures.
“The judiciary act of 1789 hushed popular apprehension.”

Question 19

Jurisdiction

Answer 19

the official power to make legal decisions and judgments.

“The judge has the jurisdiction to sentence people free or to prison.”

Question 20

Lame duck

Answer 20

an elected official whose successor has already been elected. The official is often seen as having less influence with other politicians due to their limited time left in office
“I wish Obamas lame duck won the presidency.”

Question 21

legislative courts

Answer 21

courts created by legislature, other than courts created by constitution. Legislative courts are set up for some specialized purpose. For example, Court of Claims, and the U.S. Tax Court. USCS Const.
“Legislative courts are made for special purposes.”

Question 22

Marbury v. Madison

Answer 22

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.
“Marbury v. Madison was the forefront of how the court would decide whats constitutional.”

Question 23

original jurisdiction

Answer 23

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.
“Original jurisdiction is the first look of a case and can’t be reviewed.”

Question 24

precedents

Answer 24

a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
“the precedents of marbury v. madison set the future for other cases.”

Question 25

plurality opinions

Answer 25

the opinion from a group of judges, often in an appellate court, in which no single opinion supports a majority of the court.
“the plurality opinion of the court case was guilty.”

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.
“The rule of four was used to limit the control over the court.”

Question 27

sandra day O’conor

Answer 27

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.
“Sandra day O’conor retired in 2006.”

Question 28

senatorial courtesy

Answer 28

a long-standing unwritten, unofficial, and nonbinding political custom in the United States describing the tendency of U.S. senators to support a Senate colleague in opposing the appointment to federal office of a presidential nominee from that Senator’s state.
“No one established whose land was whose so it was a senatorial courtesy.”

Question 29

solicitor general

Answer 29

the fourth-highest-ranking official in the United States Department of Justice.
“The current Solicitor General, Noel Francisco, took office on September 19, 2017.”

Question 30

stare decisis

Answer 30

the legal principle of determining points in litigation according to precedent.
“it was a doctrine of stare decisis.”

Question 31

Strict constructionist

Answer 31

a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.
“The supreme court has strict constructionist on what is deemed constitutional and what isn’t.”

Question 32

trial court

Answer 32

a court having original jurisdiction, in which trials take place.
“I had to go to a trial court.”

Question 33

whiskey rebellion

Answer 33

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.
“The whiskey rebellion was driven from a hatred of taxes on alcohol.”

Question 34

writ of certiorari

Answer 34

orders a lower court to deliver its record in a case so that the higher court may review it.
“The supreme court ordered a writ of certiorari to get info. on a case.”