VA Chapt 9 Flashcards
Lame Duck
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.
Jurisdiction
Authority vested in a particular court to hear and decide
Jurisdiction is a courts power to judge a case that is presented to them.
Original Jurisdiction
Courts that hear a case first. They determine the facts
Original Jurisdiction is the very first court to hear out the case first.
Appellate Jurisdiction
Power of higher courts to review and/or revise the decision of a lower court
Appellate Jurisdiction gives revision power to higher courts
Federalist No. 76
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.
Judiciary Act of 1789
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.”
John Jay
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.
Whiskey Rebellion
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.
Chisholm v. Georgia
Blocked citizens from suing states that they didn’t reside in
The Eleventh Amendment ruled this case as unconstitutional.
Eleventh Amendment
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
John Marshall
Longest serving justice. Established the principle of judicial review
John Marshall was very important for establishing the idea of judicial review.
Judicial Review
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.
Marbury v. Madison
First asserted the power of judicial review
Marbury v. Madison was the first Supreme Court case to apply the principle of judicial review
Trial Court
Court of original jurisdiction where cases begin
A jury is sometimes used in trial courts to help decide the case
Appellate Court
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.
Constitutional (or Article III) Courts
Federal Courts that are pursuant to its authority in Article III
Constitutional Courts rule on whether laws that are challenged are in fact unconstitutional
Legislative Courts
Courts established by Congress for specialized purposes
Legislative courts are created by the legislature.
Brief
Document containment the legal written arguments prior to a heading or a trial
A legal document submitted by lawyers to courts.
Precedent
A prior judicial decision that serves as a rule for setting subsequent cases
Precedents can be considered as role models.
Stare Decisis
A reliance on past decisions or precedents to formulate decisions in new cases
the legal principle of determining points in litigation according to precedent
Senatorial Courtesy
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.
Sandra Day O’Connor
First woman to serve the Court
Sandra Day O’Connor will be known for being the first woman on the Supreme Court
Elena Kagan
Appointed while serving as solicitor general in his administration
The fourth woman to serve as a Justice of the Supreme Court
Writ of Certiorari
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.
Rule of Four
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
Solicitor General
Fourth-Ranking member that is responsible for handling nearly all appeals
Solicitor General is responsible for arguing cases before the US Supreme Court
Amicus Curiae
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
Plurality Opinion
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
Concurring Opinion
Judicial Opinion by minority judges that wish to express different legal reasoning
The concurring opinion is where the reasoning is agreed by the majority.
Dissenting Opinion
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.
Judicial Restraint
Courts should allow the decisions of other branches to stand
Wants courts to only strike down laws that are unconstitutional.
Judicial Activism
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.
Strict Constructionist
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.
Judicial Implementation
How and whether judicial decisions are translated into actual public policies
This is a very influential way of limiting the courts power.
