Ch.9 Caiou dowds Flashcards
(34 cards)
amicus curiae
someone who is not a party to a case and may or may not have been solicited by a party and who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case; and is typically presented in the form of a brief.
“An amicus curiae was used to see how relevant the brief was.”
appellate court
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..
“The appellate court was called to work on this appeal.”
appellate jurisdiction
the power of an appellate court to review, amend and overrule decisions of a trial court or other lower tribunal.
“The appellate jurisdiction was used to overrule a case.”
brief
a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.
“The company got sued so they used a brief to appeal it.”
constitutional (or article III) courts
a high court that deals primarily with constitutional law. 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.
“Constitutional courts are used to settle disputes.”
Dissenting opinions
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.
“The two judges had dissenting opinions.”
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 The case was superseded in 1795 by the Eleventh Amendment.
“Chisholm v. georgia was superseded by the 11th amendment.”
Concurring opinions
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.
“the two judges had concurring opinions.”
Elena Kagen
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. She is the fourth woman to serve as a Justice of the Supreme Court.
‘‘Elena Kagan was born and raised in New York City”
11th 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.
“The 11th amendment helped established the court system.”
federalist no. 78
Written in 1788, Federalist 78 is famous (among lawyers, at least) for its description of the federal judiciary as “the least dangerous branch,” and for its defense of judicial independence and the constitutional power of “judicial review,” by which courts declare statutes unconstitutional.
“Federalist #78 called for constitutional power in unconstitutional ways.”
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 May 17, 1829."
John Marshall
John James Marshall was an American politician who served as the fourth Chief Justice of the United States from 1801 to 1835.
“John Marshall was the 4th chief justice.”
Judicial activism
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.
“Judicial activism acts on opinion.”
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.
“When the court enforces a decision it’s considered judicial implementation.”
judicial restraint
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, though what counts as obviously unconstitutional is itself a matter of some debate.
“Judicial restraint asserts the law and constitutionality of cases.”
judicial review
a process under which executive or legislative actions are subject to review by the judiciary.
“The judiciary can review other branches by judicial review.”
judiciary Act of 1789
Congress passed this act which created the federal-court system. This quieted popular apprehension by establishing in each state a federal district court that operated according to local procedures.
“The judiciary act of 1789 hushed popular apprehension.”
Jurisdiction
the official power to make legal decisions and judgments.
“The judge has the jurisdiction to sentence people free or to prison.”
Lame duck
an elected official whose successor has already been elected. The official is often seen as having less influence with other politicians due to their limited time left in office
“I wish Obamas lame duck won the presidency.”
legislative courts
courts created by legislature, other than courts created by constitution. Legislative courts are set up for some specialized purpose. For example, Court of Claims, and the U.S. Tax Court. USCS Const.
“Legislative courts are made for special purposes.”
Marbury v. Madison
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 was the forefront of how the court would decide whats constitutional.”
original jurisdiction
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.
“Original jurisdiction is the first look of a case and can’t be reviewed.”
precedents
a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
“the precedents of marbury v. madison set the future for other cases.”
