Chapter 9 Flashcards- The Judiciary
amicus curiae
“Friend of the court”; amici may file briefs or even appear to argue their interests orally before the court.
Amicus curiae are usually important in influencing many jury decisions depending on the facts they state.
appellate court
Courts that generally reviews only findings of law made by lower courts.
The appellate courts have more power than the lower courts of the trial court because they have to review the laws made by them.
appellate jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court.
Appellate jurisdiction was granted to the higher court of Texas to review the decision for the Korr v. Texas case in 2018 by the lower court of Texas.
brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial. The court case was sent on a brief and it was passed to the appellate court to review the decision.
constitutional (or Article III) courts
Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III.
Constitutional courts have less power than the Supreme Court but they are equally in power with the appellate courts.
dissenting opinions
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 opinions typically are disagreed upon on because they are the losers of the Court Case because of their opinions on the matter.
Chisholm v. Georgia (1793)
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 1798.
The Chisholm v. Georgia (1793) lead to passage of the Eleventh Amendment in 1798.
concurring opinions
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 opinions are typically not included for the decision of a Court case but can be beneficial for the precedents to follow.
Elena Kagan
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 picked by Barack Obama was an influential justice and she was promoted from her former role of solicitor general.
Eleventh Amendment
An amendment adopted in 1798 protecting states from being sued in federal court by a citizen of a different state or country.
The Eleventh Amendment overturned the court decision of the Chisholm v. Georgia in 1793.
Federalist No. 78
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 written by Hamilton, who thought the judiciary was the weakest of the branches.
John Jay
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.
John Jay was very influential for the Supreme Court but he was not influential as John Marshall.
John Marshall
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 most influential chief justice because he decided the most of the Supreme Court cases during his time.
judicial activism
A philosophy of judicial decision making that posits judges should use their power broadly to further justice.
judicial implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
judicial restraint
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.
judicial review
Power of the courts to review acts of other branches of government and the states.
The judicial review is the power given to the courts to be able to check the other branches on law making.
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system.
The Judiciary Act of 1789 was the act that established the Supreme Court of the United States and also organized the judicial branch.
jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case.
The courts have certain jurisdiction for cases that are within their power.
lame duck
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.
President Adams was considered a lame duck because he was not influential but the Judiciary Act was able to be passed.
legislative courts
Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.
Legislative courts have less power than the Supreme Court and cannot influence the decisions of regular court cases.
Marbury v. Madison (1803)
Case in which the Supreme Court first asserted the power of judicial review by finding that part of the congressional statute extending the Court’s original jurisdiction was unconstitutional.
This controversial court case decided the establishment of judicial review and prevented a judge for receiving some more power.
original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
The original jurisdiction by the lower court of Texas established facts for the Korr v. Texas case in 2018 to be decided by the Supreme Court.
precedents
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
plurality opinions
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.
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard.
Sandra Day O’ Connor
An Associate Justice of the Supreme Court from 1981-2005 who was appointed by President Ronald Reagan as the first woman to serve on the Court.
Sandra Day O’ Connor was the first woman to serve on the Supreme Court and set precedent for the new justices to come up after her.
senatorial courtesy
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.
solicitor general
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.
stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
The stare decisis is a precedent to rule a certain way based on another case prior to one.
strict constructionist
An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Farmers.
Whiskey Rebellion
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.
The Whiskey Rebellion proved that the national government was weak and the military was relatively strong.
writ of certiorari
A request for the Supreme Court to order up the records from a lower court to review the case.
The writ of certiorari is rarely used because most cases from the lower court are reviewed by appellate courts.
trial court
Court of original jurisdiction where cases begin.
The trial courts are the lowest courts of the three tiered system meaning they have less power than the Supreme Court.
