AP Gov Chapter 6

Chapter 6 Definitions

Appellate Jurisdiction

Courts right to hear an appeal and review the trial for error

Attorney General

Represents the U.S. in legal matters

Certiorari

writ or order saying that you will review the case

Federalist No 78

Hamilton affirmed that the independent judicial branch has the power of judicial review to examine acts of legislatures to see if they comport with the proposed Constitution

Judicial Review

to examine acts of legislatures to see if they comport with the proposed Constitution

Marbury v Madison

Judicial Review

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Ruled that an appointed judge could assume for his appointed position

Original Jurisdiction

the authority to hear a case for the first time

U.S. District Courts

Lowest tier of the three level federal court system

U.S. Circuit Courts of Appeals

Middle tier of the three level federal court system

U.S. Supreme Court

Top level of the three level federal court system

Binding Precedent

When a U.S. District court reviews a case that parallels an already decided case from the circuit level, the district court is obliged to rule the same way

Persuasive Precedent

Judges can consider past decisions made in other district courts or far away circuit courts as a guiding bases for a decision

Precedent

A ruiling that firmly establishes a legal principle

John Roberts

Current chief justice of the supreme court, nominated by George Bush

State Decisis

The concept of “let the decision stand” that governs common law

Concurring Opinion

Justices that agree with the majority and join that vote but have reservations about the majorities legal reasoning

Dissenting Opinions

Those who vote against the majority

Liberal Constructionist

Interprets the Constitution as a living document and takes into account changes and social conditions since ratification

Majority Opinion

Reflect the court’s ruling

Petition for Certiorari

A brief arguing why the lower court erred

Rule of Four

four of the nine supreme court judges must agree to hear a case

Strict Constructionist

Interprets the Constitution in its original context

Robert Bork

Reagan’s supreme court nominee calls for the term “to bork which is destroying a nominee due to character background”

Merrick Garland

Denied a supreme court nomination due to the senate stating they will wait for the new president before voting for the new justice

Judicial Activism

When judges strike down laws or reverse public policy

Judicial Restraint

Court should not dispute/interfere with created policy. Elected legislatures should create policy

“Nucleur Option”

A procedure only for senate, that allows senate to overide a standing rule with only a simple majority rather than a super majority

Senatorial Courtesy

Taking into consideration the senators from the presidents home state when selecting federal judges

Standing

The requirement for bringing a case to court

Clarence Thomas

President Bush;s controversial supreme court nomination, very conservative, accused of sexual misconduct