Unit 9 Cameron Winbush

Question 1

amicus curiae

Answer 1

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

Question 2

appellate court

Answer 2

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.

Question 3

appellate jurisdiction

Answer 3

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.

Question 4

brief

Answer 4

a concise statement or summary.

their comments were cribbed right from industry briefs

Question 5

constitutional courts

Answer 5

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.

Question 6

dissenting opinions

Answer 6

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.

Question 7

Chisholm v. Georgia

Answer 7

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 The case was superseded in 1795 by the Eleventh Amendment.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

Question 8

concurring opinions

Answer 8

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

Question 9

Elena Kagen

Answer 9

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

Question 10

eleventh amendment

Answer 10

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”

Question 11

federalist No. 78

Answer 11

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

Question 12

John Jay

Answer 12

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.

Question 13

John Marshall

Answer 13

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.

Question 14

judicial activism

Answer 14

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

Question 15

judicial implementation

Answer 15

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.

Question 16

judicial restraint

Answer 16

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

Question 17

judicial review

Answer 17

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.

Question 18

judiciary Act of 1789

Answer 18

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.

Question 19

jurisdiction

Answer 19

the official power to make legal decisions and judgments.

federal courts had no jurisdiction over the case

Question 20

lame duck

Answer 20

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

Question 21

legislative courts

Answer 21

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

Question 22

Marbury V. Madison (1803)

Answer 22

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

Question 23

original jurisdiction

Answer 23

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

Question 24

precedents

Answer 24

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

Question 25

plurality opinions

Answer 25

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.

Plurality system, electoral process in which the candidate who polls more votes than any other candidate is elected

Question 26

rule of four

Answer 26

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’s docket.

the rule of four makes case choosing more diverse.

Question 27

Sandra Day O’Connor

Answer 27

Sandra Day O’Connor is a retired Associate Justice of the Supreme Court of the United States, who served from her appointment in 1981 by President Ronald Reagan until her retirement in 2006. She was the first woman to serve on the Court.

Sandra was born March 26, 1930 (age 88 years) in El Paso, TX

Question 28

senatorial courtesy

Answer 28

a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee’s state, especially from the senior senator of the president’s party from that state.

Senatorial courtesy is a long-standing unwritten, unofficial, and nonbinding political custom

Question 29

solicitor general

Answer 29

the law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court.

a position similar to solicitor general in some US states.

Question 30

stare decisis

Answer 30

the legal principle of determining points in litigation according to precedent.

a doctrine of stare decisis

Question 31

strict constructionist

Answer 31

In the United States, strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.

Under strict constructionism, a judge can interpret a text as it is written, considering only what is presented within the four corners of the legal document.

Question 32

trial court

Answer 32

a court of law where cases are tried in the first place, as opposed to an appeals court.

A trial court or court of first instance is a court having original jurisdiction, in which trials take place.

Question 33

whiskey rebellion

Answer 33

The Whiskey Rebellion was a tax protest in the United States beginning in 1791 and ending in 1794 during the presidency of George Washington, ultimately under the command of American Revolutionary war veteran Major James McFarlane.

The Whiskey Rebellion was a 1794 uprising of farmers and distillers in western Pennsylvania in protest of a whiskey tax

Question 34

writ of certiorari

Answer 34

Certiorari, often abbreviated cert. in the United States, is a process for seeking judicial review and a writ issued by a court that agrees to review. A certiorari is issued by a superior court, directing an inferior court, tribunal, or other public authority to send the record of a proceeding for review.

The primary means to petition the court for review is to ask it to grant a writ of certiorari.