Chapter 16: Opinion Flashcards
Chief justice decides who writes this opinion
Majority Opinion
If chief justice is a part of the minority opinion, who decides who gets to write the majority opinion
Senior Member
Written by a member of the majority party, but disagrees with the resoning
Concurrent Opinion
An opinion which disagrees with the majority opinion and discusses the minority opinion
Dissenting Opinion
Can be written when a case is decided, by majority justice cannot give the opinion
Plurality Opinion
No precedent because it does not represent a majority
Plurality Opinion
What are the two judicial philosophies
- Judicial Activism
- Judicial Restraint
Based on the belief that judges should use judicial decisions to advance policy positions
Judicial Activism
What is a case example of Judicial Activism
Roe v. Wade
Is judicial activism political or not political?
Political
Is judicial activism a living constitution or origionalist?
Living
Is judicial restraint a living constitution or originalist?
Originalist
As a non- elected officials, justices should stay out of opinion
Judicial Restraint
What is a case example of Judicial Restraint
Dobbs v. Jackson
Is judicial restraint political or not political?
not political