chapter 9. Surysadai Flashcards
amicus curiae
Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties
Amicus curiae attempt to influence a court’s decision
appellate jurisdiction
The jurisdiction of courts that hear cases brought to them on appeal from lower courts.
the appellate courts do not review the factual record, only the legal issues involved.
appellate court
Court that generally reviews only findings of law made by lower court
appellate court has to do with lower divisions
brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
Brief and straight to the point
constitutional courts
Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, & specialized courts
constitutional courts include various groups
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 oppinions are opinions against eachother
chisholm v, Georgia
Held that states did not enjoy sovereign immunity from lawsuits brought by residents of other states
chisholm v. georgia dealt with other states
concurring oppinions
an opinion by one or more justices who agree with the majority’s conclusion but for different reasons that they wish to express.
The concurring opinion provides and alternate opinion on a similar decision.
elena kagen
President Obama nominated her as the Solicitor General of the United States; after a year, nominated her as an Associate Justice
Elena is a law professor
eleventh amendment
Prohibits citizens of one state or foreign country from suing another state.
11th amendments stops states going against eachother
federalist no. 78
Federalist No. 78 discusses the power of judicial review.
It argues that the federal courts have the duty to determine whether acts of Congress are constitutional
john jay
United States diplomat and jurist who negotiated peace treaties with Britain and served as the first chief justice of the United States Supreme Court
John jay was all for peace
john marshall
American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review.
hohn marshal was in practice of review
rule of four
a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari.
Only four votes are needed to make the docket.
judiciary act of 1789
Legislative Act (Congress) that established the basic three-tiered structure of the federal government - federal district courts (trial), courts of appeals, and Supreme Court
judiciary act is like a pyrimyd
