judicial review (haha)

jurisdiction

the official power to make legal decisions and judgments. can only try a case if it involves : two or more states, a federal law/constitution, U.S gov as a party, citizens of a different state, ambassadors or diplomats

precedent/stare decisis

to stand by things decided, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court's decision

rule of 4/writ of certiorari

four of the nine justices to agree to grant a writ of certiorari before the Court will hear a case

structure of court system

The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.

appointment process/factors

Nomination: President selects

Vetting: Extensive background checks

Senate Review/Confirmation (US Federal): Hearings, committee review, and a Senate vote (simple majority).

Factors:

Qualifications

Judicial Philosophy/Ideology

Diversity

Ethics

Political Party alignment,

judicial power

only those with STANDING may challenge a law or government action

judiciary act of 1789

established the three-tiered structure of federal courts. congress can add judges to the court

federalist #78

an independent judiciary with life tenure and the power of judicial review is essential for a republic

plaintiff

the party who initiates a lawsuit in a civil case by filing a complaint against the defendant or, in some proceedings, the respondent

defendant

someone who is being sued or accused of committing a crime

petitioner

the party who presents a petition to the court

respondent

the party against whom a petition is filed, especially one on appeal

majority of opinion

opinion of the court majority

concurring opinion

supports the majority opinion but stresses different constitutional or legal reasons for reaching the judgment

minority or dissenting opinion

expresses a pov that disagrees with the majority opinion. dissenting opinions have no legal standing

judicial philosophies

philosophy of judges to interpret the constitution according to their own views and take an active role in solving society's problems

Writ of Certiorari

A document issued by the Supreme Court if it has agreed to hear a case.

Amicus curiae

An argument filed with a court by an individual or group who is not a party to a lawsuit.

Judicial activism

A philosophy that the Supreme Court should make bold new policy with their decisions.

Judicial restraint

the idea that judges should decide cases based on the language of laws and the Constitution, deferring to the legislative and executive branches.

Original intent (originalism)

Making judicial decisions by considering what the founding fathers meant in the Constitution.

Stare Decisis

When a court follows precedent ( a prior court decision) by letting a previous decision stand.

Judicial review

The power of the Supreme Court to overturn a law or executive action as unconstitutional.