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fed #78
judicial independence
- they don't serve a constituency
- life tenure
affirmative action
a policy designed to give special attention to or compensatory treatment for members of a previously disadvantaged group.
standing to sue
the legal right to bring a lawsuit to court if they can prove they have a serious interest in the case, and are likely to suffer from some sort of injury as a result of the situation
amicus curiae
- "friend of the court."
- refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.
original jurisdiction
- the power of a court to hear a case first, before any other court
- supreme court has this power with all cases involving foreign representatives
appellate jurisdiction
- reviews appeals/decisions made by lower courts
district courts
lowest level of federal courts
supreme court
highest federal court
senatorial courtesy
presidential appointments are confirmed by the senate
solicitor general
the government's represenative in cases that go before the supreme court
judicial opinion
a written opinion that explains a judge's standpoint on a decision, and explains the reasoning for the decision
doctrine of stare decisis
principle that courts should follow precedent
precedent
a previous decision that is used to influence and help decide a new court case
original intent
- constitution should be interpreted according to the original intent of the framers
judicial implementation
how judicial decisions are translated into actual public policies
marbury v. madison
established judicial review
u.s. v. nixon
supreme court held that executive privilege does not extend to criminal cases
judicial review
the power of the courts to determine constitutionality of laws
judicial restraint
- a philosophy proposing judges should limit the exercise of their own power
- judges should not play a big role in policy-making
judicial activism
- a philosophy proposing that judges should interpret the Constitution to reflect current conditions, values, and needs of the nation
- these needs + current conditions can influence judicial decisions
political questions
conflicts that should be resolved between the president and congress, as they are inappropriate for judicial resolution
writ of certiorari
a formal writ used to bring a case before the supreme court
bill of attainder
a law that declares a person, without a trial, to be guilty of a crime