Chapter 9 Vocab

lame duck

lame duck

an executive or legislature during the period just before the end of office, when its power and influence are considered to be diminished

jurisdiction

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

original jurisdiction

the jurisdiction of courts that hear a case first, usually a trial. These courts determine the facts of the case

appellate jurisdiction

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

Whiskey rebellion

civil insurrection in 1794 put down by military force by President George Washington

judicial review

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

trial court

court of the original jurisdiction where cases begin

appellate court

court that generally reviews only findings made by lower courts

constitutional (Article III) courts

federal courts specifically created by the Constitution

legislative courts

courts established by Congress for specialized purposes

brief

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

precedent

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

stare decisis

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

Sandra Day O’Connor

first woman to serve on SCOTUS

Elena Kagen

appointed by Obama

writ of certiorari

a request for the Supreme Court to order up the records from a lower court to review the case

Rule of Four

at least 4 justices of SCOTUS must vote to consider a case before it can be heard

solicitor general

4th ranking member of the department of justice

plurality opinion

type of judicial opinion, reasoning of which is agreed to by fewer than a majority of judges on a court

concurring opinion

judicial opinion issued by a minority of judges who agree with the outcome of a case, but with different legal reasoning

dissenting opinion

judicial opinion issued by a minority of judges who disagree with the outcome of a case and wish to explain their reasoning

judicial restraint

Philosophy of judicial decision-making that posits that decision made by other branches of government should stand, even when they offend a judge’s own principles. Restrain from judging

judicial activism

Philosophy that posits judges should use their power broadly to further justice

strict constructionist

an approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the Framers

judicial implementation

how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties of a lawsuit