Chapter9.APGov.Juanita Espinoza Flashcards
Amicus Curiae
Friend of the court; amici may file briefs or even appear to argue their interests orally before the courts
Amicus curiae, briefs are often filed in appellate cases heard by the U.S. Supreme Court and state supreme courts.
Appellate Court
Court that generally reviews only findings of law made by lower courts
Appellate courts are 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.
Appellate Jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court
Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right.
Constitutional (article III) Courts
Federal courts specifically created by the US conception or by congress pursuant to its authority in Article III
Constitutional Court’s main authority is to rule on whether laws that are challenged are in fact unconstitutional.
Dissenting Opinions
A type of judicial opinion issued by a minority of judges on a court who disagree with the outcome of a case, but wishes to express different legal reasoning
Dissenting opinions also analyze legal principles, they can be used by lower courts to better apply principles that are related to but not controlled by the majority’s opinion.
Chisholm v Georgia
A supreme court case that allowed US Citizens to bring aa lawsuit against states in which they did not reside; overturned by the eleventh amendment in 1789
In 1792, Alexander Chisholm attempted to sue the State of Georgia over payments due to him for goods that Robert Farquhar had supplied Georgia during the American Revolutionary War. Georgia, refused to appear, claiming it could not be sued without consent.
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
In a concurring opinion, one of the judges, Thomas Bjorgen, said the information presented in the appeal “tend to create a reasonable doubt as to Jones’s guilt.”.
Elena Kagen
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 was the fourth woman to serve on the supreme court.
Eleventh Amendment
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 was passed by Congress on March 4, 1794, and ratified by the states on February 7.
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
Federalist 78 is the description of the federal judiciary as and for its defense of judicial independence and the constitutional power of “judicial review”.
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 an American statesman, Patriot, diplomat, one of the Founding Fathers of the United States, and first chief justice in the US.
John Marshall
The longest-serving supreme court chief justice, Marshall served from 1801 to 1835. Marshall’s decision in Marbury v Madison established the principle of the judicial review in the United States
John Marshall became the fourth chief justice of the U.S. Supreme Court and is responsible for establishing the Supreme Court’s role in federal government.
Judicial Activism
A philosophy of judicial decision making that posits judges should use their power broadly to further justice
An example of Judicial Activism is Roe v. Wade. In this case, the Supreme Court determined that a Texas law criminalizing abortion was unconstitutional.
Judicial Implementaton
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
The main way of limiting the courts power lies with judicial implementation, the process by which a court’s decision is enforced.
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 restraint 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 Review
Power of the courts to review acts of other branches of government and the states
The Supreme Court has used judicial review , for example, to revoke state laws that denied civil rights guaranteed by the Constitution.
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system
The Judiciary Act of 1789 was a United States federal statute adopted on September 24, 1789, in the first session of the First United States Congress
Jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case
Jurisdiction is the practical authority granted to a legal body to administer justice within a defined field of responsibility.
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
A lame-duck session of Congress in the United States occurs whenever one Congress meets after its successor is elected, but before the successor’s term begins.
Legislative Courts
Courts established by congress for specialized purposed such as the court of appeals for veteran claims
Judges in these courts are appointed for life terms by the president, with Senate approval.
Marbury v Madison
Case in which the supreme court first asserted the power of the judicial review by finding that part of the congressional statute extending the court’s original jurisdiction was unconstitutional
Marbury v. Madison 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.
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in trial. These courts determine the facts of a case
The original jurisdiction of a court is 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.
Precedents
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
precedent is a principle or rule established in a previous legal case that is persuasive for a court when deciding subsequent cases with similar issues or facts.
Plurality Opinion
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
A plurality opinion is in certain legal systems the opinion from a group of judges, often in an appellate court, in which no single opinion supports a majority of the court.
Rule of Four
At least four justices of the supreme court must vote to consider a case before it can be heard
The rule of four is 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.
Sandra Day O’Connor
An associate justice of the supreme court from 1981-2005 who was appointed by president Ronald Raegan
Sandra Day O’Connor was the first female woman to serve on the supreme court.
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
Though unofficial, the practice of senatorial courtesy plays an important role in the appointments of official positions, and has the power to make or break a nomination.
Solicitor General
The fourth ranking member of the department of justice; responsible for the handling nearly all appeals on behalf of the US supreme court
The task of the Office of the Solicitor General is to supervise and conduct government litigation in the United States Supreme Court.
Stare Decisis
In court rulings, a reliance on past devisions or precedents to formulate decisions in new cases
Stare decisis is a doctrine, or an instruction, used in all court cases and with all legal issues.
Strict Constructionist
An approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the farmers
Strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation
Trial Court
Court of original jurisdiction where cases begin
People go to jury duty and with this, they attend trial court.
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 occurred when Native Americans and others revolted against the power of the white people.
Writ of Certiorari
A request for the supreme court to order up the records from a lower court to review the case
A writ of certiorari is higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court’s decision
Brief
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 usually occurs just before a bill is added to the US constitution and before it is taken t discuss with congress
