Chapter 9

Question 1

lame duck

Answer 1

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.

Lame duck is because there is limited time for the president to do much.

Question 2

jurisdiction

Answer 2

Authority vested in a particular court to hear and decide the issue in a particular case.

Some examples of jurisdiction is when a court takes cases such as bankruptcy, and divorce.

Question 3

original jurisdiction

Answer 3

The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.

Original jurisdiction occurs to dissolve disputes between state governments.

Question 4

appellate jurisdiction

Answer 4

The power vested in particular courts to review and/ or revise the decision of a lower court.

Appellate jurisdiction may correct any errors that have been made in the decisions of a lower court.

Question 5

Federalist No. 78

Answer 5

A Federalist Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review.

The Federalist No.78 was needed to make sure that the judges were always protecting the Constitution and peoples rights.

Question 6

Judiciary Act of 1789

Answer 6

Legislative act that established the basic three-tiered structure of the federal court system.

The third tier of the Judiciary Act of 1789 is the Supreme Court.

Question 7

John Jay

Answer 7

A member of the Founding generation who was the first Chief Justice of the United States. A diplomat and a co-author of The Federalist Papers.

So when John Jay was a chief justice the court was called Jay Court.

Question 8

Whiskey Rebellion

Answer 8

A civil insurrection in 1794 that was put down by military force by President George Washington, thereby confirming the power of the new national government.

What lead to the Whiskey Rebellion was the excise tax on whiskey.

Question 9

Chisholm v. Georgia (1793)

Answer 9

A Supreme Court case that allowed U.S. citizens to bring a lawsuit against states in which they did not reside; overturned by the Eleventh Amendment in 1789.

The Chisholm v. Georgia showed the Court involving itself in a case concerning both states and federal governments.

Question 10

Eleventh Amendment

Answer 10

An amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country.

The Eleventh Amendment limited judicial power.

Question 11

John Marshall

Answer 11

The longest-serving Supreme Court chief justice, Marshall served from 1801 to 1835. Marshall’s decision in Marbury v. Madison (1803) established the principle of judicial review in the United States.

John Marshall was the fourth Chief Justice.

Question 12

judicial review

Answer 12

Power of the courts to review acts of other branches of government and the states.

The judicial review was first shown through the Marbury v. Madison case when the Supreme Court used it’s power to invalidate legislature enacted by Congress.

Question 13

Marbury v. Madison (1803)

Answer 13

Case in which the Supreme Court first asserted the power of judicial review by finding the part of the congressional statute extending the Court’s original jurisdiction was unconstitutional.

The Marbury v. Madison case started because James Madison did not deliver Marbury’s commission.

Question 14

trial court

Answer 14

Court of original jurisdiction where cases begin.

The trial court helps decides the outcome of a case.

Question 15

appellate court

Answer 15

Court that generally reviews only findings of law made by lower courts.

The appellate court focuses on questions of the laws.

Question 16

constitutional (or Article III) courts

Answer 16

Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III.

In constitutional courts the judges are nominated by the president.

Question 17

legislative courts

Answer 17

Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.

An example of an legislative courts is Court of Claims.

Question 18

brief

Answer 18

A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.

A brief contains facts that each side is using .

Question 19

precedent

Answer 19

A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.

The precedent is established from earlier cases that are similar.

Question 20

stare decisis

Answer 20

In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.

The stare decisis shows continuity and predictability.

Question 21

senatorial courtesy

Answer 21

A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection.

With senatorial courtesy a senator may voice its opinion through the “blue slip”.

Question 22

Sandra Day O’Connor

Answer 22

An Associate Justice of the Supreme Court from 1981-2005 who was appointed by President Ronald Reagan as the first women to serve on the court.

Sandra Day O’Connor is a Republican.

Question 23

Elena Kagan

Answer 23

An Associate Justice of the Supreme Court, appointed by President Barack Obama in 2009 while she was serving as solicitor general in his administration.

Elena Kagan is the fourth women to serve as a Justice of the Supreme Court.

Question 24

writ of certiorari

Answer 24

A request for the Supreme Court to order up the records from a lower court to review the case.

The writ of certiorari has two criteria’s it must meet.

Question 25

Rule of Four

Answer 25

At least four justices of the Supreme Court must vote to consider a case before it can be heard.

The Rule of Four allows four justices to grant a writ of certiorari.

Question 26

solicitor general

Answer 26

The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court.

Noel Francisco is the current solicitor general.

Question 27

amicus curiae

Answer 27

“Friend of the court”; amici may file briefs or even appear to argue their interests orally before the court.

In amicus curiae the office of the solicitor general may appear.

Question 28

plurality opinion

Answer 28

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 particular case, the opinion does not establish a binding precedent.

The plurality opinion happens when their is divisions in the Court’s majority.

Question 29

concurring opinion

Answer 29

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 others had a differing approach to the case.

Question 30

dissenting opinions

Answer 30

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.

The dissenting opinion is the best way for judges to express their disagreement both personally and legally.

Question 31

judicial restraint

Answer 31

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 judge’s own principles.

The judicial restraint encourages a judge to limit the exercise of their own power.

Question 32

judicial activism

Answer 32

A philosophy of judicial decision making that postits judges should use their power broadly to further justice.

An example of judicial activism is Roe v. Wade.

Question 33

strict constructionist

Answer 33

An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Farmers.

Strict constructionists want the Court to rely on explicit meanings of the constitution.

Question 34

judicial implementation

Answer 34

How and whether judicial decisions are translated into actual public policies affected more than the immediate parties to a lawsuit.

The judicial implementation limits the Courts power.