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AP Government Unit 5

Part Three

TermDefinition
District Courts 94 courts, take 325,000+ cases each year, only original jurisdiction
Circuit Courts appeals courts, 13 courts, takes about 50,000 cases each year, only appellate jurisdiction
Original Jurisdiction when a court has the power to hear cases first; most original jurisdiction is in the federal district courts
Appellate Jurisdiction power of a court to review lower court decisions; circuit courts and the supreme court
Strict Construction literal interpretation of Constitution; very narrow
Loose Construction broad interpretation; tries to apply the Constitution’s concepts to modern society; less literal; supporters of this type of interpretation support Jefferson’s idea of the Constitution as a “living document”
Judicial Restraint belief that courts should seldom overturn legislative/executive decisions; belief that courts should follow precedent
Judicial Activism belief that courts should overturn legislation/executive decisions whenever they are unconstitutional and should be more willing to overturn precedent when it is outdated (not as bound by precedent)
Precedent past court decisions that judges should follow when making similar decisions/a court decision that is used as a model to decide similar cases in the future
Stare Decisis belief that judges/justices should follow precedent
Writ of Certiorari court order instructing a lower court to send a case to a higher court or the Supreme Court for review/appeal
Granting Cert when the Supreme Court agrees to hear a case on appeal; SCOTUS issues a writ of certiorari; only a small percentage of cases are accepted by SCOTUS; supreme court only accepts 60-75 cases per year while about 7,000 are requested for review
Rule of Four requires 4 out of 9 justices to accept a case to hear on appeal
Solicitor General 3rd ranking person in the justice department; argues the federal government’s position/cases before Supreme Court
Amicus Curiae Brief/Friend of the Court Brief document used by 3rd parties to submit arguments to the Supreme Court which shows legal support for one side of a case before Supreme Court
Senatorial Courtesy custom/norm of allowing input from Senators in the appointment of district and circuit court judges. (Allows the Senators from the state where the appointment is being made to have input into the selection process)
17th Amendment direct election of Senators by popular vote
22nd Amendment 2 term limit on the President
25th Amendment office of VP becomes vacant President can appoint new VP if accepted by majority of houses; Presidents can sign powers over to the VP & regain powers when ready; Allows for removal of President incapable of office-majority of Cabinet 2/3s vote in houses
Role of Chief Justice in the majority-assigns a decision-either writes it themselves or assigns it to the Justice who will do it
Majority Opinion determines the outcome of a case-states rule of law/ constitutional law
Concurring Opinion agrees with decision of majority but has different reasoning
Dissenting Opinion disagrees with the majority
27th Amendment Congressional pay raises do not go into effect until after an election
20th Amendment changed starting dates for Congress and President from March back to Jan 3 (Congress) and President (January 20). Reduces Lame Duck session: members still in office that have not been re elected)
12th Amendment Requires electors to cast separate ballots for President and VP In case no one candidate received a majority of electoral college, the House selects the President and the Senate selects the VP- they vote as states.
Proposing an Amendment 2/3’s vote in both Houses of Congress or 2/3's of the states
Ratification 3/4’s of the states (state legislatures) 3/4's of the states at a Constitutional Convention
Created by: rcooke
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