Judicial Branch Flashcards
Amius Curia
A brief issued by a 3rd party explaining their position on the case
Judiciary Act of 1789
Fleshed out the nature and organization of the court system
Rule of 4
Cases are only reviewed if at least 4 justices want to review it
Precedent
A judicial decision that guides future cases
stare decisis
the practice of letting a previous precedent stand
Criminal law
when a crime has been committed, prosecutor vs defendant
Civil law
when someone’s rights/agreement has been violated, plantiff vs defendant
Majority decision
a binding supreme court decision that is used as precedent for future cases
concurring oppinion
an opinion that agrees with the majority decision, but has different reasoning and no precedent
dissenting oppinion
an opinion that disagrees with the majority and does not have precedent
Checks on Supreme Court Power
Must maintain prestige withing public, congress and states may amend constitution, congress may write legislation that modifies impact of supreme court decisions
Judicial Supremacy
the supreme court should be the authoritative interpreter of the constitution.
Strict Construction
Interpreting the constitution through the intentions of people who wrote it, strictly adhering to what was written in the constitution
Loose Construction
Interpreting the constitution more broadly
Who votes on supreme court justices
the senate