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Judical reiew

QuestionAnswer
judicial review : SCOTUS reviews whether or not a legislative or executive act is constitutional.
original jurisdiction the first time a court hears a case: a decision/ruling has yet to be made on the case.
apellate jurisdiction reviewing a case: a decision has been made in one court but a higher court is deciding whether to hold the decision or change it.
precedent (stare decisis) the tendency for courts to uphold previous/past decisions
senatorial courtesy in federal district court judgeship nominations, the tradition allowing a senator to veto a judicial appointment in their state.
writ of certiorari the ability for a higher court to order a previous lower court's records on a case for review: requires a rule of 4 (4 or more votes) to enact.
amicus curiae : latin for "friend of the court," voluntary third party, often impartial, which provides more information or another perspective on a case.
strict construction a form of judicial interpretation that follows rhetorical"the letter of the law" when interpreting the constitution or particular stature.
judicial activism the idea that judges will use their power to speak and act for the interests of minorities.
solicitor general an officer of the department of justice who oversees the federal representation in all litigation before the supreme court.
living constitution the idea that the constitution and it's interpretations will change with the times/society.
judicial restraint the idea that a judge will practice making legal decisions with the will of the people; not their own.
majority opinion a court opinion reflecting the views of the majority of the court/judges.
dissenting opinion a separate opinion in which a judge disagrees with the conclusion reached by the majority and expressed their views on the case.
marbury v madison SCOTUS case that defined judicial review; marbury was to be appointed, did not receive commission b/c madison did not deliver it
Created by: applejeans
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