Judicial Branch Flashcards
role of the Supreme Court
Any case appealed from the US Court of Appeals is heard (Appellate Jurisdiction)
Judicial review
the ability of the Court to declare a Legislative or Executive act in violation of the Constitution
Marbury vs madison
About judicial appointments
established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution
Majority opinion
the opinion of the majority of justices in a Supreme Court
Stare Decisis
holds that courts and judges should honor “precedent”—or the decisions, rulings, and opinions from prior cases
Original Jurisdiction
a court’s authority to hear and decide a case for the first time before any appellate review occurs
Writ of Certiorari
is a request that the Supreme Court order a lower court to send up the record of the case for review.
judicial review significance
Important because it checks the powers of legislative and executive branch and strike down laws that are unconstitutional
Structure of the supreme court
There are 9 SC Justices – 1 Chief Justice and 8 Associate Justices
Judges are appointed by the President and approved by the Senate
No listed qualifications for judges
Appointed for life – only way to “quit” is to be impeached, die, or resign
Should not be “partisan” to any party, but may lean liberal or conservative.
Unanimous opinion
they all agree about one particular matter or vote the same way
Dissenting opinion
expressing disagreement with the majority opinion of the court
concurring
be of the same opinion; agree.
Due process
fair treatment through the normal judicial system, especially as a citizen’s entitlement.
Substantive due process
asks the question of whether the government’s deprivation of a person’s life, liberty or property is justified by a sufficient purpose
Procedural due process
whether the government has followed the proper procedures when it takes away life, liberty or property.