APGOVCH9.Zariah White

Question 1

amicus curiae

Answer 1

“friend of the court”; amici may file briefs or even appear to argue their interests orally before the court.

the office of the solicitor general, on behalf of the u.s. government, appears as a party or as an amicus curiae, or friend of the court, in more than 50 percent of the cases heard by the court each term.

Question 2

appellate court

Answer 2

court that generally reviews only findings of law made by lower courts.

in the middle are appellate courts; these courts generally review only findings of law made by trial courts.

Question 3

appellate jurisdiction

Answer 3

the power vested in particular courts to review and/or revise the decision of a lower court.

the supreme court has appellate jurisdiction in all other cases.

Question 4

brief

Answer 4

a document containing the legal written arguments in a case filled with a court by a party prior to a hearing or trial.

courts of appeals hear no new testimony; instead, lawyers submit written arguments in what is called a brief, and they then appear to present and argue the case orally to the three judge court.

Question 5

constitutional (or Article III) courts

Answer 5

federal courts specifically created by the u.s. constitution or by congress pursuant to its authority in article III.

the federal district courts, courts of appeals, and the supreme court are called constitutional (or article III) courts because Article III of the constitution either established them or authorized congress to establish them.

Question 6

dissenting opinions

Answer 6

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 their legal reasoning.

justice who do not agree with the outcome of a case file dissenting opinions.

Question 7

chisholm v. georgia

Answer 7

a supreme court case that allowed u.s. citizens to bring a lawsuit against states in which they did not reside.

chisholm v. georgia was overturned by the eleventh amendment in 1789.

Question 8

concurring opinions

Answer 8

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.

justices who agree with the outcome of the case, but not with the legal rationale for the decision, may file concurring opinions to express their differing approach.

Question 9

elena kagan

Answer 9

an associate justice of the supreme court, appointed by the president barack obama in 2009 while she was serving as solicitor general in hi administration.

prior to justice antonin scalia’s death in mid-february 2016, all nine sitting supreme court justices but one-former u.s. solicitor general elena kagan-had prior judicial experience.

Question 10

eleventh amendment

Answer 10

an amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country.

the states’ reaction to this perceived attack on their authority led to passage and ratification in 1798 of the eleventh amendment to the constitution.

Question 11

federalist no. 78

Answer 11

a federalist papers essay authored by alexander hamiton that covers the role of the federal judiciary, including the power of judicial review.

alexander hamilton argued in federalist no. 78 that the “independence of judges” was needed “to guard the constitution and the rights of individuals”.

Question 12

john jay

Answer 12

a member of the founding generation who was the first chief justice of the united states.

john jay was a diplomat and a co-author of the federalist papers.

Question 13

john marshall

Answer 13

the longest-serving supreme court chief justice, marshall served from 1801 to 1835, marshall’s decision in marbury v. madison (1803) established the principle of judicial review in the united states.

the actions of john marshall, who headed the court form 1801 to 1835, brought much needed respect and prestige to the court.

Question 14

precedents

Answer 14

a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.

decisions of the u.s. supreme court, however, are binding throughout the nation and establish national precedents.

Question 15

senatorial courtesy

Answer 15

a process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection.

historically, presidents have screened their lower court nominees through a process known as senatorial courtesy.

Question 16

stare decisis

Answer 16

in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.

the principle of stare decisis allows for continuity and predictability in our judicial system.

Question 17

judicial review

Answer 17

power of the courts to review acts of other branches of government and the states.

finally, the marshall court claimed the right of judicial review, the power of the courts to review acts of other branches of government and of the states.

Question 18

judiciary act of 1789

Answer 18

legislative act that established the basic three-tiered structure of the federal court system.

the third tier of the federal judicial system defined by the judiciary act of 1789 was the supreme court of the united states.

Question 19

jurisdiction

Answer 19

authority vested in a particular court to hear and decide the issues in a particular case.

it also discusses the types of cases the court can hear, or its jurisdiction.

Question 20

lame duck

Answer 20

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-elect jefferson had to wait until march 4, 1801, to assume office.

Question 21

whiskey rebellion

Answer 21

a civil insurrection in 1874 that was put down by military force by president george washington, thereby confirming the power of the new national government.

as circuit court jurists, the justices rendered numerous decisions on such matters as national suppression of the whiskey rebellion.

Question 22

original jurisdiction

Answer 22

the jurisdiction of courts that hear a case first, usually in a trial.

the original jurisdiction courts determine the facts of a case.