Final Flashcards
Congressional abdication
Giving up office before the end of the term
Writs of Certiorari
Allows a higher court to review a lower courts decision.
Stare Decisis
“To stand by things decided”: Requires courts to follow previous judicial decisions when making a ruling on a similar case (Precedent)
Textualism and strict construction versus “loose” or interpretative construction
Textualist would argue laws mean what they say and that congress needs to write them better while a loose constructionist would argue the meaning of the law.
Narrow versus broad decisions
Should decisions be narrow and stick to the facts or be more broad and provide guidance in related context
Deference to legislature and the bureaucracy (Chevron Deference)
When a federal court yields to an agency’s interpretation of either a statute that Congress instructed the agency to administer or a regulation promulgated by the agency.
Legal standing
The right to be in court (a good reason to be there)
“The least dangerous branch”
Judicial Branch
“Rule of four”
Allows a Writ of Certiorari to be written if 4 out of the nine judges vote in favor of it
Advisory Opinions
A court’s nonbinding interpretation of law
Concurring opinion
A justice who agrees with the outcome of the case but for different reasons than the majority
Dissenting Opinion
A justice who disagrees with the majority’s decision and reasoning
“A switch in time that saved nine” (court packing)
Court-packing is the act of increasing the number of seats on a court. The bill would allow the president to appoint an additional justice for every sitting justice over 70 years old, up to a maximum of six additional justices.
Robert Bork (Senate confirmations)
Would be nominated then denied by the senate for his opinions. The Term Bork now means to attack or defeat (a nominee or candidate for public office) unfairly through an organized campaign of harsh public criticism or vilification.
Roe v Wade
Established a constitutional right to abortion in the United States
