The Judiciary Flashcards
(34 cards)
Lame Duck
An executive or legislative during the period just before the end of a term of office, when the power and influence are considered to be diminished.
Mark was a lame duck as his term was coming to an end and this frustrated him.
Jurisdiction
Authority vested in a particular court to hear a case first, usually in a trail. These courts determine the facts of a case
The court had jurisdiction over the one county only.
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
The court had original jurisdiction over the case so they made the ruling.
Appellate Jurisdiction
The power vested in particular courts to review and or revise the decision of a lower court.
The appellate jurisdiction allowed the judges to rehear a case that was decided by the lower court
Federalist NO. 78
A federalist papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review.
Alexander Hamilton’s Federalist paper No.78 help make the structure for the Judicial review.
Judiciary act of 1789
Legislative act that established the basic three-tiered structure of the federal court system.
The judiciary act of 1789 created the court system.
John Jay
A member of the founding generation who was the first chief justice of the United States. A diplomat and a co-author of the Federalist Papers.
John Jay and the other original judges helped to pave the way for the court system.
Whiskey Rebellion
A civil insurrection in 1794 that was put down by the military force by President George Washington thereby confirming the power of the new national government
The whiskey rebellion showed that the federal government did not have enough power.
Chisholm v Gerogia
A supreme court case that allowed U.S. citizens to bring a lawsuit against states in which they did not reside overturned by the eleventh amendment
Chisholm v Georgia is what allowed Josh to sue his state because of the new law.
Eleventh Amendment
An amendment adopted in in 1789 protecting states from being sued in federal court by a citizen of a different state or country.
The eleventh amendment made it so Amanda could not sue her state.
John Marshall
The longest serving Supreme Court chief justice, Marshall served from 1801 to 1836. Marshall’s decision in Marbury v Madison established the principle of judicial review in the United States
John Marshall was the most influential supreme court judge in history.
Judicial Review
Power of the courts to review acts of review acts of other branches of government and the states
Judicial Review is the most important power of the supreme court.
Marbury v Madison
Case in which the Supreme Court that asserted the power of judicial review by finding that part part of the congressional statute extending the Court’s original jurisdiction was unconstitutional.
Marbury v Madison is one of the most important supreme court history.
Trial Court
Court of original jurisdiction where cases begin
All cases must go through a trail court before they move ti the supreme court.
Appellate Court
Court that generally reviews only findings of law made by lower courts.
Amanda took her case to the appellate court when the trail court did not make the decision she wanted.
Constitutional Courts
Federal courts specifically created by the U.S. constitution or by congress pursuant to its authority in Article lll.
Kyle took his case to the constitutional courts to get a better decision.
Legislative Courts
Courts established by congress for specialized purpose, such as the Court of appeals for veteran claims.
Jax went to the legislative court for veteran claims when he wanted to complain about not getting proper care once he left the army.
Brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
The judge had to read the brief before she heard the case.
Precedent
A prior judicial decisions that serves as a rule for setting subsequent cases of a similar nature
Roe v Wade set the precedent for cases concerning abortion and rights to your body.
Stare decisis
in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
Judges use the stare decisis to make decisions on case with similar issues.
Senatorial courtesy
A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination bu simply registering their objection
Senator Megan filed a senatorial courtesy because she did not like the judge the president nominated.
Sandra Day O’Conner
An Associate Justice of the Supreme Court from 1981-2005 who was appointed by President Ronald Reagan as the first woman to serve on the court.
Sandra Day O’Conner made history by becoming the first women on the supreme court.
Elena Kagan
An Associate Justice of the Supreme Court appointed by President Barack Obama in 2009 while she was serving as solicitor general in his administration.
Elena Kagan has made important decisions for the United States.
Write of Certiorari
A request for the Supreme Court to order up the records from a lower court to review the case.
The man ordered the supreme court to get a write of certiorari.
