Jasmine Elizalde-Chapter 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.
-President Adams was a lame duck
Jurisdiction
authority vested in a particular court to hear and decide the issues in a particular case.
-The Supreme Court listens to judicisdiction.
Original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
- original jurisdiction the first report authority to hear disputes as trial court.
Appellate jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court.
- eppellate jurisdiction refers to a courts ability to review and revise cases already decided by a trial court.
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.
- In the Federalist papers 78 it says it says that the judicial branch is the weakest .
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system.
The Judiciary act of 1789 is use one of the many ask that the United States has
Johny Jay
A member of the founding generation who was first Chief Justice of the United States. A diplomat and a co-author of the Federalist Papers.
-John Jay is one of the authors of the Federalist papers along with Alexander Hamilton
Whiskey Rebellion
A civil insurrection in 1794 that was put down by military force by President George Washington, thereby confirminJohn Jay is one of the authors of the Federalist papers along with Alexander Hamiltong the power of the new national government.
- The whiskey rebellion open the eyes of the government to assure more safety and protection
Chisholm v. Georgia
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 1789.
-Chisholm v Georgia Is another case that is important
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 11th amendment limits the judicial power by stipulating that the authority of the federal courts could not extend to any suit
John Marshall
The longest-serving Supreme Court chief justice, Marshall’s decision in Marbury v. Madison (1803) established the principle of judicial review in the United StatesThe 11th amendment limits the judicial power by stipulating that the authority of the federal courts could not extend to any suit.
- John Marshall is one of our many presidents of the United States
Judicial Review
Power of the courts to review acts of other branches of government and the states.
-the judicial review has to occur for an act to be passed.
Marbury v. Madison (1803)
Case in which the Supreme Court first asserted the power of judicial review by finding that part of the congressional statue extending the Courtś original jurisdiction was unconstitutional.
-we learned about marbury v madison in class.
Trial Court
Court of original jurisdiction where cases begin.
-cases are argued in a trial court.
Appellate Court
Court that generally reviews only findings of law made by lower courts.
-appellate court is probably looked down to.
Constitutional (or Article III) Courts
federal courts specifically created by the US Constitution or by Congress pursuant to its Authority in Article III.
-the constitutional courts are are pursued by article iii.
Legislative Courts
courts established by Congress for specialized purposes such as the Court of Appeals for Veterans Claims.
-the legislative courts did not want to do their job.
Brief
a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
-there are briefings to know your background.
Precedent
a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
-a precedent is when they preference previous cases.
Stare decisis
In court rulings a reliance on past decisions or precedents to formulate decisions in new cases
-a doctrine of stare decisis.
Senatorial courtesy
A process by which presidents are generally allow senators from the state in which a judicial vacancy occurs to block a domination by simply registering their objection
-senatorial courtesy is a long standing unwritten, unofficial.
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 is an important person.
Elena Keagan
And associate justice of the supreme court appointed by President Barack Obama 2009 while she was serving a solicitor General his admission
-Elena Keagan is also an important person in government.
Writ of certiorari
A request for the supreme court to order up the records from a lower court to review the case
-writ of certiorari if abbreviated cert.
Rule of four
at least for justices of the Supreme Court must vote to consider a case before it can be heard
-rule of four votes for the cases.
Solicitor general
The fourth ranking member of the department of justice responsible for handling nearly all appeals on behalf of the US government to the Supreme Court
-solicitor general is ranked number four for importance.
Amicus curiae
“friend of the court” amici May file briefs or even appear to argue their interest orally before the court
-amicus curiae is probably written in latin.
Plurality opinions
a type of judicial power, 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.
-plurality opinions is half and half.
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.
-concurring opinion is written by judges and agrees.
Dissenting opinion
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 legal reasoning.
-dissenting opinion is no agreement.
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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 judges own principle.
-judicial restraint is the theory of judicial interpretation that encourages judges to limit the exercise of own power.
Judicial activism
a philosophy of judicial decision making that posits judges should use their power broadly to further justice.
-judicial activism refers to judicial rulings that are believed to be biased.
Strict constructionist
an approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the framers
-strict constructionist refers to a philosophy that limits the interpretation.
Judicial implementation
how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
-judicial implementation implements laws.
