Judicial

legal precedent - example set that is proceeded on with

3 tier court

Supreme - DC, 9 justices, deals with cases with the state

Court of Appeal - only appellate jurisdictions, 12 circuit courts

District Court - original jurisdiction, 94 district courts, federal and constitution problems (whats the law?)

Tx and Oklahoma has 2 state courts

you can jump from state to supreme court

Supreme Court

starts as a request that need 4/9 to be approved

need majority (5/9) to win the case

after decision is made, create the precedent (found in majority opinion)

lower courts will apply the precedent they made to the case they hear 

why so limited? looking for setting / fix precedent that may be confused on or debatable 

its low case decision shows effective how the lower courts enforcement of precedent is

Judicial Activism

  • defend liberties and rights, not just constitution

  • personal ideas

  • not JUST constitution

  • legislating from the bench (negative connotation)

  • some people might not like it calling it reaching or putting their own ideas into laws

  • activiism - doing more things, changes

Judicial Restraint

  • focusing on interpretation

  • Strictly constitutional or not

  • not reaching

court is checked by executive / legislative

Judicial cannot enforce, relies on the other branches to listen and enforce it