genesis lozano chp 9 Flashcards
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.
in the process of lame duck, the official elected tends to have less influence with other politicians due to their limited time in office.
jurisdiction
authority vested in a particular court to hear and decide the issues in a particular case
there are four types of jurisdiction.
orignial jurisdiction
the jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case
the high court has original jurisdiction.
appellate jurisdiction
the power vested in particular courts to review and/or revise the decision of a lower court
appellate jurisdiction exists for both civil law and criminal law.
federalist no. 78
a Federalists Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review
Hamilton viewed federalist no. 78 as protection against abuse of power by congress.
judiciary act of 1789
legislative act that established the basic three-tiered structure of the federal court system
the judiciary act of 1789 was signed into law by George Washington.
John jay
a member of the Founding generation who was the first chief justice of the US. A diplomat and co-author of the Federalist Papers
John Jay served in many capacities over his lifetime.
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 was hosted by farmers in western Pennsylvania to protest the whiskey tax.
Chisholm v. Georgia
Supreme Court case that allowed citizens to bring a lawsuit against states that they did not reside in; overturned by the 11th amendment
given the date that Chisholm v. Georgia was held, there was little available legal precedent.
eleventh amendment
amendment adopted in 1789 protecting states from being sued by citizens of another state or country
the eleventh amendment was ratified against the states on February 7, 1795.
John marshall
the longest-serving Supreme Court chief justice, and served from 1801 to 1835. His decision in Marbury v. Madison established the principle of judicial review in the United States
John Marshall used federalist approaches to build the government.
judicial review
power of the courts to review acts of other branches of government and the states
the judicial review can convince the governor of a state to veto the law.
Marbury v Madison
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
Marbury v. Madison was important because it challenged a law that was passed by congress.
trial court
court of original jurisdiction where cases begin
an example of a trial court would be the United States district courts.
appellate court
court that generally reviews findings of law only made by lower courts
the appellate court does not retry cases or hear new evidence.
constitution (or Article III)
federal courts specifically created by the US Constitution or by Congress pursuant to its authority in Article III
article III empowers the judicial branch of the national government.
legislative courts
courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims
the legislative courts are created for the general right of sovereignty.
brief
a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
precedent
a prior judicial decision that serves as a rule for setting subsequent cases of a similar nature
precedent is created by a higher court decision.
stare decisis
in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
stare decisis are used in all court cases.
senatorial courtesy
process by which the president generally allows the senators from the state in which a judicial vacancy occurs to block a nomination simply by registering their objection
senatorial courtesy plays an important part in choosing official positions.
Sandra day o’conner
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’conner is apart of the republican party.
Elena kagan
an Associate Justice of the Supreme Court, appointed by President Barack Obamain 2009 while she was serving as solicitor general in his administration
Elena pagan attended Harvard law school.
writ of certiorari
a request for the Supreme Court to order up the records from a lower courts to review the case
there’s a minimum of of four of the nine justices that is required to grant the writ of certiorari.
rule of four
atleast 4 members of the Supreme Court must vote to consider a case before it can be heard
the rule of four is done mainly to prevent the majority of of the court from controlling the court’s docket.
solicitor general
4th ranking member of the Department of Justice: responsible for handling nearly all appeals on behalf of the US government to the Supreme Court
the solicitor general reports to the United States attorney general.
amicus curiae
“friend of the court”; may file briefs or even appear to argue their interests orally before the court
the amicus curiae serves multiple purposes.
plurality opinion
a type of judicial opinion, the reasoning of which is agreed to by fewer than the majority of judges on a court; although it resolves the particular case, the opinion does not establish a binding precedent
the plurality opinion is often formed in an appellate court.
concurring opinion
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
a concurring opinion can transform a majority opinion into a plurality.
dissenting opinion
a type of judicial opinion issued by a minority of judges who disagree with the outcome of a case and wish to explain their legal reasoning
dissenting opinions analyze legal principles.
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 might take down laws if they find them unconstitutional.
judicial activism
a philosophy of judicial decision making that posits judges should use their powers broadly to further justice
strict constructionist
an approach to constitutional interpretation that emphasizes interpreting the Constitution and it was originally written and intended by the Framers
judicial implementation
how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
