ap gov ch 6 vocab

appellate jurisdiction

appellate jurisdiction

the power to reverse or modify the lower court’s decision

attorney general

principal legal officer who represents a country or state in legal proceedings and gives legal advice to the government

certiorari

“to make more certain” - the appellant must offer some violation of established law, procedure, or precedent that led to the incorrect verdict in a trial court

federalist no. 78

hamilton affirmed that the independent judicial branch has the power of judicial review to examine the acts of legislature to see if they comport with the proposed constitution

judicial review

examine acts of legislatures to see if they comport with the proposed constitution

marbury v madison (1803)

created judicial review; ruled that an appointed judge could sue for his signed commission, but also ruled that the court had no jurisdiction to rule on this, therefor canceling the original claim

original jurisdiction

the authority to hear a case for the first time

u.s. district courts

lowest tier of three level court system

u.s. circuit courts of appeals

middle tier of three level court system

u.s. supreme court

top of three level court system

binding precedent

even an independent minded judge who disagrees with the higher courts precedent knows an appeal of a uniquely different decision, based in similar circumstances, will likely be overruled by the court above.

persuasive precedent

judges can consider past decisions made in other district courts or far away circuit courts as a guiding basis for a decision

precedent

a ruling that firmly establishes a legal principle

john roberts

current chief justice of supreme court

stare decisis

usually the wise policy because in most matters it is more important that the applicable law be settles than it be settled right

concurring opinion

justices may agree with the majority and join that vote but have reservations about the majority’s legal reasoning

dissenting opinion

those who vote against the majority

liberal constructionist

interprets the constitution as a living document and takes into account changes and social conditions since ratification

majority opinion

reflects the courts ruling

petition for certiorari

a brief arguing why the lower court erred

rule of four

four of the nine supreme court justices must agree to hear a case

strict constructionist

interprets the constitution in its original context

robert bork

nominated by reagan, an advocate of “originalism,” seeking to uphold the constitution as framers intended

merrick garland

denied an obama supreme court nomination due to senate saying they'll wait for the new president before voting on a new justice

judicial activism

when judges strike down laws or reverses public policy

judicial restraint

the court should not decide a dispute in that manner unless there is a concrete injury to be relieved by the decision

“nuclear option”

procedure that allows senate to override a standing rule with only a simple majority rather than a super majority

senatorial courtesy

taking into consideration the senators from a presidents home state when selecting federal judges, especially district judges

standing

the requirements for bringing a case to court

clarence thomas

president bush’s controversial supreme court nomination, very conservative, accused of sexual misconduct, just barely confirmed