Unit 9 Cameron Winbush Flashcards
amicus curiae
an impartial adviser, often voluntary, to a court of law in a particular case.
he was planning to advance this position in an amicus brief
appellate court
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.
is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal.
appellate jurisdiction
Appellate jurisdiction is the power of an appellate court to review, amend and overrule decisions of a trial court or other lower tribunal. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right.
The appellate courts do not retry cases or hear new evidence.
brief
a concise statement or summary.
their comments were cribbed right from industry briefs
constitutional courts
Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things.
A constitutional court is a high court that deals primarily with constitutional law.
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.
When not necessarily referring to a legal decision, this can also be referred to as a minority report.
Chisholm v. Georgia
Chisholm v. Georgia, 2 U.S. 419, is considered the first United States Supreme Court case of significance and impact. Given its date, there was little available legal precedent. The case was superseded in 1795 by the Eleventh Amendment.
Alexander Chisholm attempted to sue the State of Georgia in the U.S. Supreme Court over payments due to him
concurring opinions
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision.
In courts where more than one judge, or “justice,” hears cases, such as a state or the federal Supreme Court
Elena Kagen
Elena Kagan is an Associate Justice of the Supreme Court of the United States. She was nominated by President Barack Obama in May 2010, and confirmed by the Senate in August of the same year.
Kagan was born and raised in New York City
eleventh amendment
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
This amendment established the legal doctrine of “sovereign immunity”
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 and to follow the Constitution when there is inconsistency.
Federalist No. 78 is an essay by Alexander Hamilton
John Jay
John Jay (December 23, 1745 – May 17, 1829) was an American statesman, Patriot, diplomat, one of the Founding Fathers of the United States, negotiator and signatory of the Treaty of Paris of 1783, second Governor of New York, and the first Chief Justice of the United States (1789–1795).
John Jay died do to a stroke.
John Marshall
John James Marshall was an American politician who served as the fourth Chief Justice of the United States from 1801 to 1835.
Marshall is widely considered the most important and influential Supreme Court justice in U.S. history.
judicial activism
Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism and the specific decisions that are activist are controversial political issues.
Judicial activism, an approach to the exercise of judicial review, or a description of a particular judicial decision
judicial implementation
The main way of limiting the courts’ power lies with judicial implementation, the process by which a court’s decision is enforced. The executive branch must enforce court decisions, but if the president or governor disagrees with a ruling, he or she sometimes ignores it or only partially enforces it.
Warren Court (1953–1969) is a prime example of Judicial implementation.
judicial restraint
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional
judicial review
review by the US Supreme Court of the constitutional validity of a legislative act.
a procedure by which a court can review an administrative action by a public body and secure a declaration, order, or award.
judiciary Act of 1789
The Judiciary Act of 1789, officially titled “An Act to Establish the Judicial Courts of the United States,” was signed into law by President George Washington on September 24, 1789.
Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed.
jurisdiction
the official power to make legal decisions and judgments.
federal courts had no jurisdiction over the case
lame duck
an official (especially the president) in the final period of office, after the election of a successor.
as a lame duck, the president had nothing to lose by approving the deal
legislative courts
Legislative courts refer to courts created by legislature, other than courts created by constitution.
Court of Claims, and the U.S. Tax Court. USCS Const. are legislative courts
Marbury V. Madison (1803)
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a U.S. Supreme Court case that 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.
Marbury v. Madison, legal case in which, on February 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional
original jurisdiction
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. Original jurisdiction refers to the right of the Supreme court to hear a case for the first time.
the Constitution distributes the federal judicial power between the Supreme Court’s appellate and original jurisdiction
precedents
a previous case or legal decision that may be or ( binding precedent ) must be followed in subsequent similar cases.
the decision set a precedent for others to be sent to trial in the US
