Studied by 10 people
John Roberts
Current chief justice of the supreme court, nominated by George W. Bush
Robert Bork
Reagan’s supreme court nominee, cause for the term to “bork” which is destroying a nominee based on background
senatorial courtesy
taking into consideration the senators from a presidents home state when selecting federal judges
Merrick Garland
denied an Obama supreme court nomination due to the senate saying that they would wait for a new president before voting on a new justice
judicial restraint
court should not dispute/ interfere with created policy, elected legislators should create policy
judicial activism
when judges strike down laws or reverse public policy
Nuclear Option
procedure that allows the Senate to override a standing rule with only a simple majority rather than a super majority
Marbury v Madison (1803)
ruled that an appointed judge could sue for his assigned commission, created judicial review
attorney general
represents the US in legal matters
Clarence Thomas
president bush’s controversial supreme court nomination, very conservative, accused of sexual misconduct, committee vote was a tie and went to the full Senate
appellate jurisdiction
courts power to hear and review the trial for error
certiorari
a writ or order in which a higher court reviews the decision made by the lower court
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
US Circuit Courts of Appeals
the middle tier of the federal court system, shaped the law, permanent full time bodies, created by congress
US District Courts
the lowest tier of the federal court system, trial courts created by congress, 94 districts, hear federal, criminal and civil matters
US Supreme Court
the top tier of the federal court system, created by article 3 of the Constitution, original jurisdiction
judicial review
the power to examine acts of legislation to see if they comport with the proposed Constitution
original jurisdiction
the authority to hear a case for the first time
precedent
a ruling that firmly establishes a legal principle
stare decisis
the concept of “let the decision stand” that governs common law
binding precedent
the decisions of higher courts that set the legal standards for similar cases in lower courts within the same jurisdiction
persuasive precedent
the ability to consider past decisions made in other district courts or far away circuit courts as a guiding basis for decisions
strict constructionist
a conservative view that interprets the Constitution in its original context
liberal constructionist
interprets the Constitution as a ratification
majority opinion
a reflection of a courts ruling
concurring opinion
written when justices agree with the majority but have reservations about the majorities legal reasoning
dissenting opinion
written when justices vote no against the majority
standing
the requirements for bringing a case to court
Federalist No. 78
granted the power of judicial review
Note
Flashcard