The Judickary Part 2 Flashcards
When do the courts make policy
Whenever they reinterpret the law or the constitution in significant ways
What is Stare decisis
Let the decision stand or allowing prior rulings to control the current case. A court case today should be settled in accordance with prior decisions in similar cases
Why are precedent important
The practical reason should be obvious: if the meaning of the law continually changes with the decisions of judges become holy unpredictable, then human affairs affected by those laws and decisions become chaotic
If the principle of equal justice means anything, it means that similar cases should be decided in a similar manner
Political question
An issue the Supreme Court will allow the executive and legislative branches decide
What is a remedy
A judicial order enforcing a right or redressing a wrong
How does the use of remedies been changed today
Often the remedies now imposed apply to large groups and affect the circumstances under which thousands or even millions of people work study or live
What is a possible reason for the development of activist courts
It is easier for people to get standing in the courts, to pay for the cost of litigation, and to bring class action suits
How can Congress check the judiciary
It can gradually alter the composition of the judiciary by the kinds of appointments that the Senate is willing to confirm, or it can impeach judges that it does not like
What was the court packing plan
A plan proposed by Franklin Roosevelt to change the political persuasion of the Supreme Court
What is one of the most powerful potential sources of control over the federal courts that Congress has
The authority of Congress, given by the constitution, to decide what the entire jurisdiction of the lower courts and the Appellate restriction of the Supreme Court Shall be
The scope of the courts political influence has increasingly widened due to
Various groups and interests have acquired access to the courts, as the judges serving on them have developed a more activist stance, and as Congress has passed more laws containing vague or equivocal language
Most important thing to remember about the decisions made and judicial courts is
It’s not the decision but the reasons behind the decision
