Chapter 9 Flashcards
Amincus curiae
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.
Amincus curiae originates from the Roman Law
apellate court
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.
The authority of appellate courts to review the decisions of lower courts varies widely from one jurisdiction to another.
apellate jurisdiction
the power of an appellate court to review, amend and overrule decisions of a trial court or other lower tribunal.
The appellate court reviews issues of law de novo
brief
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.
Trial briefs are presented at trial to resolve a disputed point of evidence.
constitutional courts
a high court that deals primarily with constitutional law.
The list in this article is of countries that have a separate constitutional court
Dissenting Opinions
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.
Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions
Chrisholm v. Georgia
considered the first United States Supreme Court case of significance and impact. Given its date, there was little available legal precedent.
At that time, there was no opinion of the court or majority opinion; the justices delivered their opinions seriatim, that is, individually, and in ascending order of seniority
Concurring Opinions
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 (or additional) reasons as the basis for his or her decision.
the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion.
Elena Kagan
an Associate Justice of the Supreme Court of the United States
After attending Princeton University, the University of Oxford, and Harvard Law School, she clerked for a federal Court of Appeals judge and for Supreme Court Justice Thurgood Marshall.
Eleventh Amendment
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 Eleventh Amendment was adopted to overrule the U.S. Supreme Court’s decision in Chisholm v. Georgia
Federalist No. 78
an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. Like all of The Federalist papers, it was published under the pseudonym Publius
Federalist No. 78 was published May 28, 1788 and first appeared in a newspaper on June 14 of the same year.
John Jay
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.
He became a lawyer and joined the New York Committee of Correspondence, organizing opposition to British policies in the time preceding the American Revolution.
John Marshall
was an American politician who served as the fourth Chief Justice of the United States from 1801 to 1835.
Marshall was born in Fauquier County, Virginia in 1755
judicial activism
judicial rulings that are suspected of being based on personal opinion, rather than on existing law.
The question of judicial activism is closely related to constitutional interpretation, statutory construction, and separation of powers.
judicial implementation
process by which a court’s decision is enforced
Different countries deal with the idea of judicial implementation through different means of judicial selection, or choosing judges.