VA Chapt 9

Question 1

Lame Duck

Answer 1

An executive or legislature during the end of office when his power and influence are considered to be diminished.
A lame duck is a worker that has lost it’s power because their final working moments are coming.

Question 2

Jurisdiction

Answer 2

Authority vested in a particular court to hear and decide

Jurisdiction is a courts power to judge a case that is presented to them.

Question 3

Original Jurisdiction

Answer 3

Courts that hear a case first. They determine the facts

Original Jurisdiction is the very first court to hear out the case first.

Question 4

Appellate Jurisdiction

Answer 4

Power of higher courts to review and/or revise the decision of a lower court
Appellate Jurisdiction gives revision power to higher courts

Question 5

Federalist No. 76

Answer 5

Covers the role of the federal judiciary, including judicial review
The Federalist Papers are a series of eighty-five essays written to urge the ratification of the United States Constitution.

Question 6

Judiciary Act of 1789

Answer 6

Established three-tiered structure of the federal court system
The Judiciary Act of 1789 was considered “An Act to Establish the Judicial Courts of the United States.”

Question 7

John Jay

Answer 7

First Chief Justice and co-author of the Federalist No. 76

John Jay is most commonly known for being the first chief justice in the court.

Question 8

Whiskey Rebellion

Answer 8

Insurrection shut down that confirmed the power of the new national government
This was the U.S. governments first opportunity to establish federal authority by military means within state boundaries.

Question 9

Chisholm v. Georgia

Answer 9

Blocked citizens from suing states that they didn’t reside in
The Eleventh Amendment ruled this case as unconstitutional.

Question 10

Eleventh Amendment

Answer 10

Protected states in federal court from being sued by citizens from different states or countries
The Eleventh Amendment restricts the ability of individuals to bring suit against states in federal court

Question 11

John Marshall

Answer 11

Longest serving justice. Established the principle of judicial review
John Marshall was very important for establishing the idea of judicial review.

Question 12

Judicial Review

Answer 12

Power of the courts to review acts of other branches and if the government and the states
Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution.

Question 13

Marbury v. Madison

Answer 13

First asserted the power of judicial review

Marbury v. Madison was the first Supreme Court case to apply the principle of judicial review

Question 14

Trial Court

Answer 14

Court of original jurisdiction where cases begin

A jury is sometimes used in trial courts to help decide the case

Question 15

Appellate Court

Answer 15

Court of that generally reviews only findings of law made by lower courts
Appellate Courts are responsible for hearing and reviewing appeals from legal cases that have already been heard in a trial-level or other lower court.

Question 16

Constitutional (or Article III) Courts

Answer 16

Federal Courts that are pursuant to its authority in Article III
Constitutional Courts rule on whether laws that are challenged are in fact unconstitutional

Question 17

Legislative Courts

Answer 17

Courts established by Congress for specialized purposes

Legislative courts are created by the legislature.

Question 18

Brief

Answer 18

Document containment the legal written arguments prior to a heading or a trial
A legal document submitted by lawyers to courts.

Question 19

Precedent

Answer 19

A prior judicial decision that serves as a rule for setting subsequent cases
Precedents can be considered as role models.

Question 20

Stare Decisis

Answer 20

A reliance on past decisions or precedents to formulate decisions in new cases
the legal principle of determining points in litigation according to precedent

Question 21

Senatorial Courtesy

Answer 21

Presidents allowing senators to block nominations by simply objecting their objection
A senior senator of the president’s party from that state. usually gets this privilege.

Question 22

Sandra Day O’Connor

Answer 22

First woman to serve the Court

Sandra Day O’Connor will be known for being the first woman on the Supreme Court

Question 23

Elena Kagan

Answer 23

Appointed while serving as solicitor general in his administration
The fourth woman to serve as a Justice of the Supreme Court

Question 24

Writ of Certiorari

Answer 24

Supreme Court order to request the orders from lower courts to review the case
Requesting a writ does not mean that the Supreme Court disagrees with the case.

Question 25

Rule of Four

Answer 25

At least four of the Supreme Court must vote to consider a case before it can be heard
This prevents a majority of the Court from controlling the Court’s docket

Question 26

Solicitor General

Answer 26

Fourth-Ranking member that is responsible for handling nearly all appeals
Solicitor General is responsible for arguing cases before the US Supreme Court

Question 27

Amicus Curiae

Answer 27

Amici may file briefs or even appear to argue their interests orally before the court
Someone who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case

Question 28

Plurality Opinion

Answer 28

Judicial opinion where reasoning is agreed by the fewer rather than the majority
A plurality opinion is where no single opinion supports a majority of the court

Question 29

Concurring Opinion

Answer 29

Judicial Opinion by minority judges that wish to express different legal reasoning
The concurring opinion is where the reasoning is agreed by the majority.

Question 30

Dissenting Opinion

Answer 30

Judicial Opinion by minority of judges that disagree to outcome and are free to explain their reasoning
This can be referred as a minority report, depending on the results.

Question 31

Judicial Restraint

Answer 31

Courts should allow the decisions of other branches to stand
Wants courts to only strike down laws that are unconstitutional.

Question 32

Judicial Activism

Answer 32

Judges should use their powers broadly to further justice

They are put in play when the judges are suspected of judging based off of personal opinions.

Question 33

Strict Constructionist

Answer 33

An emphasis on interpreting the Constitution as it was originally written
Strict Constructionists are people that stick to the constitution and it’s laws very heavily.

Question 34

Judicial Implementation

Answer 34

How and whether judicial decisions are translated into actual public policies
This is a very influential way of limiting the courts power.