Federal Judiciary Flashcards
Legitimacy
Reputation for unbiased decision making
Judicial Review
authority of judiciary to decide if a law or other gov action is constitutional
Marbury v. Madison
Supreme Court made it evident that it had the power of judicial review
Federal Court Supremacy
federal courts authority to overturn state court decisions and state laws/actions
Standing
capacity to bring a case to court; must show you were harmed by law/act
Constitutional Interpretation
role of judiciary branch to interpret constitution
Precedent
a legal case that establishes a principle or rule
Stare decisis
to stand by things that have been settled
Writ of certiorari
supreme court will hear case, granted if 4 of 9 agree to hear it
Amicus brief
a document in support of one side in a supreme court case
Attitudinal Model
decision are determined by policy goals and agendas of judges
Strategic Rational Choice Model
decisions are determined by policy goals of judges and the constraints that stand in the way of achieving these goals
Concurring Opinion
a reason why the writer of the opinion is in the majority separate from the majority opinion
Canon of interpretation
the process by which courts interpret and apply legislation either strict or living views
Strict constructivist
uses intentions of those WRITING the laws/constitution for interpretive guide
Living Constitution
claim that the Constitution has a dynamic meaning or yes it has the properties of an animate being in the sense that it changes.
Federal appeals courts
decides appeals from state courts on a federal level
D.C Circuit Court
hear disputes involving agencies
Solicitor General
represents federal gov before the supreme court
“Least Dangerous Branch”
Court is no threat to liberty since it has no enforcement powers and is weakened by lack of ties to the public
Court’s as “Hollow Hope”
too weak to lead U.S. where public isn’t ready to go thus courts follow public opinion don’t lead
