genesis lozano chp 9

Question 1

lame duck

Answer 1

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.

Question 2

jurisdiction

Answer 2

authority vested in a particular court to hear and decide the issues in a particular case

there are four types of jurisdiction.

Question 3

orignial jurisdiction

Answer 3

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.

Question 4

appellate jurisdiction

Answer 4

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.

Question 5

federalist no. 78

Answer 5

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.

Question 6

judiciary act of 1789

Answer 6

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.

Question 7

John jay

Answer 7

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.

Question 8

whiskey rebellion

Answer 8

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.

Question 9

Chisholm v. Georgia

Answer 9

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.

Question 10

eleventh amendment

Answer 10

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.

Question 11

John marshall

Answer 11

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.

Question 12

judicial review

Answer 12

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.

Question 13

Marbury v Madison

Answer 13

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.

Question 14

trial court

Answer 14

court of original jurisdiction where cases begin

an example of a trial court would be the United States district courts.

Question 15

appellate court

Answer 15

court that generally reviews findings of law only made by lower courts

the appellate court does not retry cases or hear new evidence.

Question 16

constitution (or Article III)

Answer 16

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.

Question 17

legislative courts

Answer 17

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.

Question 18

brief

Answer 18

a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial

Question 19

precedent

Answer 19

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.

Question 20

stare decisis

Answer 20

in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases

stare decisis are used in all court cases.

Question 21

senatorial courtesy

Answer 21

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.

Question 22

Sandra day o’conner

Answer 22

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.

Question 23

Elena kagan

Answer 23

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.

Question 24

writ of certiorari

Answer 24

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.

Question 25

rule of four

Answer 25

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.

Question 26

solicitor general

Answer 26

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.

Question 27

amicus curiae

Answer 27

“friend of the court”; may file briefs or even appear to argue their interests orally before the court

the amicus curiae serves multiple purposes.

Question 28

plurality opinion

Answer 28

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.

Question 29

concurring opinion

Answer 29

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.

Question 30

dissenting opinion

Answer 30

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.

Question 31

judicial restraint

Answer 31

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.

Question 32

judicial activism

Answer 32

a philosophy of judicial decision making that posits judges should use their powers broadly to further justice

Question 33

strict constructionist

Answer 33

an approach to constitutional interpretation that emphasizes interpreting the Constitution and it was originally written and intended by the Framers

Question 34

judicial implementation

Answer 34

how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit