AP Gov Chapter 6 Vocab

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