Studied by 6 people
Apppointment Clause
Nominated by the President and confirmed by the Senate.
Good Behavior
Justice serves for life unless impeached.
What power does Congress have over the judicial branch?
Congress has the power to establish new courts and sets the number of Supreme Court justices. Provides checks and balances.
How does Supreme Court decisions become case law?
Supreme Court decisions in the form of majority decision become case law.
Stare Decisis
precedent; settled law.
Translation: To stand by things decided.
Definition: Doctrine of precedent. In practice, the Supreme Court will usually defer to its previous decisions even if the soundness of the decision is in doubt.
Litmus Test
Starting with Nixon; presidential candidates began to discuss political ideology of potential justices as part of their campaign.
Original Jurisdiction
Case is heard for the first time
Appellate
Court hears an appeal of a decision by a lower court
Marbury v. Madison - Judical Review
SCOTUS has the authority to examine the constitutionality of congressional law or presidential action.
Federalist 78
Supreme Court does not have the power of the purse or sword. They can’t control military or government funds.
Judicial review
Reviews cases using constitutional validity in order to make an overall decision over a case
Latin Legal Language
It is typically used in court during cases
Amicus Curiae
Translation: friend of the court
Definition: refers to someone who is not a party to the case but assists in offering information, expertise, or insight that has barring on us issues within the case. It is presented in formed of a brief.
Writ of Certiorari
Translation: To be more fully informed
Definition: Orders a lower court to deliver its record in a case so that the higher court may review it. The U.S Supreme Court uses certiorari to select it’s cases so that they may hear it.
Writ of Mandamus
Translation: we order
Definition: Orders from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
Habeas Corpus
Translation: that you have the body
Definition: a recourse in law through which a person can report unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
De Facto
Translation: in fact
Definition: practices that exist in reality, even though they are not officially recognized by laws.
De Jure: By law
Definition: Practices that are legally recognized, even though they are not officially recognized by laws
Ex Post Facto
Translation: Out of the aftermath
Definition: A law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law.
Jus
Translation: law
Definition: Law
Quid Pro Quo
Translation: Something for something
Definition: An exchange for goods or services, in which one transfer is contingent upon the other. *Think of phrases that are beneficial for both parties or sides.
Subpoena
Translation: Under penalty
Definition: A writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure.
In forma Pauperis
Translation: In the character or manner of a pauper
Definition: The ability of an indigent [poor] person to proceed in court without payment of the usual fees associated with a lawsuit or appeal.
