U5 Powers and Legitimacy of Judicial Branch

Question 1

What is Judicial Decision Making?

Answer 1

The establishment of a precedent.

Question 2

What comes of judicial decisions?

Answer 2

Decisions act as template for future decisions and create continuitiny or consistency in law.

Question 3

What is the Stare Decisis?

Answer 3

A legal doctrine that ensure precents set by a judge are followed.

Question 4

How can ideological changes affect a court?

Answer 4

It can lead courts to estabish new or reject existing precedents (like when they overturned Roe v. Wade). Judges will typically follow the ideoology of their nominating President.

Question 5

Why is the Legitimacy of Judges not to be questioned?

Answer 5

-They serve life terms
-Federal judges are not directly elected by people
-They rely on other branches/levels of government to enforce or abide by their rulings.

Question 6

Why is the Legitimacy of Judges questioned?

Answer 6

-Judicial review power was not listed in Constitution, they just gave it to themselves.
-They can and often reject existing precendents or create new ones.
-They rely on other branches/levels of government to enforce or abide by their rulings.