Chapter 16 Flashcards
Judicial activism
Judges make bold policy decisions, chart new constitutional ground
Judicial restraint
Judges play minimal policy making rules, leaving duty to lesgislatures
Judicial review
Power of courts to choose wether acts of congress , by implication of executive, accord with US constitution
Judicial precedent
How similar cases were resolved amd decided in the past. ( political tradition)
Stare decisis
“Let the decisions
Stand” most courts settle on this principle
Marbury vs Madison
1903, Chief Justice John Marshall and associates asserted right of Supreme Court to determine meaning of the US Constitution
Amicus curiae briefs
Friend of the court
Original jurisdiction
Jurisdictions of courts that hear a case first
Appellate hurisdiction
Jurisdiction of courts that hear cases brought up to them on appeal from lower courts
Senatorial courtesy
Unwritten tradition, nominations for state level federal judicial posts are not confirmed if they are opposed by a senator of the presidents party In the starts where which the party nominee will serve
Plaintiff
The person accusing someone or sueing someone
Defendant
Criminal, defend themselves
When Supreme Court has original jurisdiction
Cases involving states, citizens and foreign people
When Supreme Court had appellate jurisdiction
Cases involving preserved federal questions
How many justices in Supreme Court
9
Chief Justice ?
1
Court packing plan
Roosevelt’s unsuccessful attempt to expand Supreme Court
Burger court was unpopular to conservatives because
The watergate scandal, opposing Nixon, leading to Nixon’s resignation
Three components of a court case
Litigants
Attorneys
Judges
Three components of audience for court case
Interest groups
Press
Public
How federal judges are shielded from political pressure
Lifetime appointees, salaries cannot be reduced
U. S Marshall’s do what?
Protect judicial process, serve writs that judges issue
What federal magistrates do
Issue warrants for arrest
What attorneys do
Prosecute violators of the federal law, represent US government in civil cases
Adversarial judicial system
Plaintiff >litigants
Defendant
Judge/Jury
Attorney
