Key Terms in Judicial Review and Government Structure

Flashcards covering key legal terms and concepts related to judicial review and the structure of the U.S. government.

stare decisis

The doctrine that courts should follow precedents established by previous decisions to ensure consistency and stability in the law.

precedent

A past judicial decision that serves as a rule or guide for future cases with similar facts or legal issues.

writ of certiorari

An order issued by the supreme court to a lower court requesting the record of a case for review.

judicial review

The power of the courts to determine whether laws or government actions are constitutional, established by Marbury v. Madison (1803).

amicus curiae

'Friend of the court'; briefs or arguments submitted by individuals or groups not directly involved in a case but who have an interest in the outcome.

impeachment

The process by which congress can remove federal officials for 'treason, bribery, or other high crimes and misdemeanors'; the house impeaches, the senate conducts the trial.

'good behavior'

The constitutional standard for how long federal judges serve; they hold office for life during good behavior, meaning they can only be removed through impeachment.

judicial activism

The philosophy that judges should interpret the constitution and laws broadly to achieve justice and address social needs.

judicial restraint

The philosophy that judges should interpret laws narrowly, defer to the other branches, and avoid overturning precedent unless absolutely necessary.

checks and balances

The system in which each branch of government limits the powers of the others; for example, congress can impeach judges.

appellate jurisdiction

The authority of a court to review decisions made by lower courts.

original jurisdiction

The authority of a court to hear a case first, rather than on appeal.

dissenting opinions

Opinions written by justices who disagree with the majority’s decision; they explain their reasoning.

concurring opinions

Opinions written by justices who agree with the majority’s decision but for different legal or constitutional reasons.

U.S. Constitution - Article III, Section 2

Defines the jurisdiction of the federal courts; establishes the supreme court's original and appellate jurisdiction.

Federalist No. 78

Argues for an independent judiciary and life tenure for judges to protect against political influence.

Marbury v. Madison (1803)

Established the principle of judicial review, allowing the supreme court to strike down laws that violate the constitution.