Unit 2: Judicial Branch

Judicial Review

Created by the Marburg v Madison case; the federal judiciary can analyze government actions to determine if those actions are constitutional or not

Life tenure

federal judges cannot be fired once they have been appointed by the president and confirmed by the Senate; they serve for life. They can be impeached though.

Precedent

a judicial ruling that serves as the basis for ruling in later cases

Stare de Isis

“Let the decision stand”; judicial decision making based on precedent

Judicial activism

A judicial philosophy whereby judges interpret existing laws and precedents loosely and interject their own values in court decisions

Judicial restraint

A judicial philosophy whereby judges adhere closely to statutes and precedents in reaching their decisions

Jurisdiction

The authority of a court to hear a case; another definition is the geographical area over which a court or police department has authority

Original jurisdiction

The court in which a case starts

Amicus curiae brief

A brief sent to the Supreme Court in support of one side of the case to try to persuade the Court how to rule

Appellate jurisdiction

The authority of a court to hear an appeal

Brief

A written argument stating your side of the case, submitted to the court

Civil law

Laws dealing with non criminal items like contracts

Criminal law

Laws dealing with crimes against persons or property

Rule of four

At least four supreme justices have to agree to hear a case in order to grant a writ of certiorari

Solicitor General

The lawyer that argues cases for the federal government in front of the Supreme Court

Strict constructionist

Judicial philosophy that limits judicial interpretation to the narrowest interpretation possible- the original meaning of the constitution

Trial court

Where a case starts out; includes witness testimony and submission of evidence, and sometimes a jury

Writ of certiorari

A legal document whereby the Supreme Court request the transcripts and files of a case decided in a lower court so the Supreme Court can review it to determine if a mistake was made interpretation the law or applying procedure