**court is the first one to hear a case - US district courts and SCOTUS**
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appellate jurisdiction
**court can only hear a case on appeal - court of appeals and SCOTUS**
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stare decisis
**when cases are decided based off previous court decisions**
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judicial activism
**when judges strike down laws/reverse public policy**
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judicial restraint
**when judges hesitate to strike down laws unless they are clearly unconstitutional**
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concurring opinion
**written by a justice who votes with the majority but disagrees with their reasoning as to why**
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dissenting opinion
**written or signed by any justice that disagrees with the majority**
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* ⅔ Senate Approval * Lifetime Appointments * Can be removed for bad behavior * All cases in law under the Constitution (Civil Liberties) * Cases affecting ambassadors * Maritime Jurisdiction * Controversies between states * Between state and citizen of another state
article iii of the constitution
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* Believes Judicial Branch is important because it didn’t exist with the A of C * Independent * Judicial Review is a good thing * Duty to declare acts void * Judiciary is weak (Sword V Purse)
fed 78
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marbury v madison constitutional principle
judicial review
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marbury v madison facts
marbury went to SCOTUS for writ of mandamus
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marbury v madison decision
unanimous for madison
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us v lopez constitutional principle
federalism + commerce clause
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us v lopez facts
a kid brought a gun to school
state charges were dropped and he was changed with breaking federal law instead
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us v lopez decision
5-4 for lopez
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mcculloch v maryland constitutional principle
necessary and proper clause + supremacy clause
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mcculoch v maryland facts
gov built a nat’l bank in maryland
maryland tried to tax nat’l bank
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mcculoch v maryland decision
unanimous for mcculloch (usa)
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* Ability to Impeach & Remove a judge * Add additional judges to the court * Propose an Amendment to the Constitution * Pass a law that limits the Court rulings
legislative checks on the judicial branch
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* Appt. of Justices to alter the ideological balance of the court. * Add additional judges to the court * Ignore or not enforce rulings * Create an Executive Order that limits the ruling
executive checks on the judicial branch
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* Ignore SCOTUS ruling * Pass laws/amend Constitution in response to a ruling
state checks on the judicial branch
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* Protest for change - such as legislation to be passed * File an Amicus Curiae brief in a similar case * File another case to overturn ruling
citizen + interest group checks on the judicial branch