Judicial Branch

Fed 78

Explained why judges needed to be independent + have the power to declare laws unconstitutional

Article lll

Established judicial branch, creates supreme court, establishes lower federal courts

Judicial Review

Right to declare law’s unconstitutional

Judicial activism

courts overturn laws or reverse precedents to address social issues, protect minority rights, or update constitutional interpretation

Judicial Restraint

legal theory holding that judges should limit their own power by deferring to the legislative and executive branches, only overturning laws that clearly violate the Constitution

Term + Qualification

Term : life as long as they have good behavior and no specific qualifications

Levels of Courts (Highest) - Supreme Court

Has original + appellate jurisdiction

Levels of Courts (Middle) - Court of Appeals

Has appellate jurisdiction

Levels of Courts (lowest) - District courts

Has original jurisdiction

Original Jurisdiction

a court's authority to hear, try, and decide a case for the first time, rather than reviewing a decision made by a lower court

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Appellate Jurisdiction

the power of a higher court to review, amend, or overturn decisions made by lower courts

Writ of Certiorari

to make more certain

Rule of Four

takes four justices to agree to hear a case

Submit Brief

both petitioner and respondent submit a written argument

Oral arguments

both sides vocally argue their case before the Supreme Court in 30min segments

Amicus Curiae Brief

someone who isn’t a party in a case, but files a written statement in support of one side

Strict Scrutiny

standard used for most cases involving fundamental rights

Rational Basis Standard

gov must have a good reason behind the restriction

In Loco Parentis

school acts in place of parents

Stare Decisis

“to stand by things decided”

• courts look to past decisions on similar issues to help guide their decision

Precedent

past decisions

Majority Opinion

official opinion of the court’s decision in a case, reasoning behind a decision

Concurring opinion

agrees w majority opinion but is made to emphasize a point that wasn’t in the majority opinion

Dissenting opinion

written by justices that don’t agree w the courts majority opinion

Per Curiam

statement from all justices