Chapter 6 Vocab Flashcards
The right of a court to review a case that has already been heard and decided upon by a lower court.
appellate jurisdiction
The position of the head of the Justice Department and the chief law enforcement officer of the United States (?)
Attorney General
A higher court reviews a decision of a lower court, “to make more certain”.
certiorari
Hamilton affirmed that the independent judicial branch has the power of judicial review, and justices should remain on bench on good behavior.
Federalist No. 78
The power to examine acts of legislature to see if they comport with the Constitution.
judicial review
Established the principle of judicial review
Marbury v. Madison (1803)
The authority to hear a case for the first time
original jurisdiction
Trial courts created by Congress; hears federal criminal and civil matters
U.S District Courts
Hears appeals from the federal district courts located within their respective judicial circuits.
U.S Circuit Courts of Appeals
Nine justices, and takes appeals from circuits and top state courts
U.S Supreme Court
A prior decision by a court that must by followed without a compelling reason or significantly different facts or issues
binding precedent
A decision of another court which is influential but not binding
persuasive precedent
A ruling that firmly establishes a legal principle
precedent
The 17th (current) chief of justice, known for his judicial minimalism, where the judges are servants of the law
Roberts, John
Supreme court policy of following precedent in deciding cases, “let the decision stand”
stare decisis
Written by a justice who voted with the majority, but for different reasons
concurring opinion
Written by a justice (or justices) who express a minority viewpoint in a case
dissenting opinion
Interprets the Constitution as a living document and takes into account changes and social conditions since ratification
liberal constructionist
Written to sum up the case, the court’s decision, and its rationale.
majority opinion
A brief arguing why the lower court erred. The Supreme Court reviews it and decides if the claim is worthy of an appeal
petition for certiorari
The Supreme Court will hear a case if four justices agree to do so
rule of four
Interprets the Constitution in its original context
strict constructionist
President Reagan’s rejected Supreme Court justice nominee. An advocate for “originalism” to uphold the Constitution as the framers originally intended
Bork, Robert
President Obama’s rejected Supreme Court justice nominee. Was rejected for the notion that the next president should pick instead
Garland, Merrick
When judges strike down laws or reverses public policy
judicial activism
Judges should not be making or changing laws since they are not elected by the people.
judicial restraint
A parliamentary procedure that allows the Senate to override a standing rule by a simple majority
“nuclear option”
A constraint on the president’s freedom to appoint whomever the administration chooses. Allows a senator of the president’s political party to veto a judicial appointment in her or his state
senatorial courtesy
The requirements for bringing a case to court
standing
President Bush’s Supreme Court nominee, african american. Highly conservative and accused of sexual misconduct; barely was confirmed by Senate.
Thomas, Clarence
