Federal Judiciary Terms
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Created by:
oklahoma258 on March 18, 2012
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31 terms
Terms | Definitions |
|---|---|
 amicus curiae | "friend of the court", Intrest groups/Lobbyists try to influence the supreme court with briefs |
| judicial review | the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary (Supreme Court) |
| Judicial restraint | a theory of judicial interpretation that encourages judges to limit the exercise of their own power, it asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional |
| Judicial activism | judicial rulings suspected of being based on personal or political considerations rather than on existing law |
| brief | a written legal document used in various legal adversarial systems that is presented to a court arguing why the party to the case should prevail |
| litmus test | a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with their vote being liberal or conservative |
| Appellate Jurisdiction | the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts, Ex: constitutional questions and infringement from lower courts. Most often |
| Originial Jurisdiction | the power of the Supreme Court to hear a case for the first time, Ex: between states, or with foreign ambassadors, Does not occur often |
| Opinion of the Court | a judicial opinion agreed to by more than half of the members of a court, or Majority Opinion, Published online |
| Concurring Opinion | a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision |
| Dissenting Opinion | an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment |
| Writ of certiorari | an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review, "Petitions read by law clerks' |
| Stare decisis | a legal principle by which judges are obliged to respect the precedents established by prior decisions, "Let the decision stand" |
| Judicial Selection | Based on 1) Merit or qualifications, 2) Ideology or beliefs, 3) Reward, 4) Representation with gender, ethnicity, or sexual orientation |
| Marbury v. Madison | Judicial Review, the Supreme Court can determine the constituionality of both the Executive and Legislative branch decisions |
| McCullough v. Maryland | Supremacy clause, State cannot override the federal government (tax) |
| Gibbons v. Ogden | Interstate commerce, Regulate commerce between states, foreign nations, and indian tribes |
| Korematsu v. United States | upheld internment of Japenense, espionage fear outweighed Korematsu's rights |
| Plessy v. Ferguson | "seperate but equal", upheld constitutionality of state laws |
| Brown v. Board of Education | reversed Plessy v. Ferguson, used Judicial Activism |
| Mapp v. Ohio | No materials found without a search warrant can be used against you (4th Amendment) |
| Buckley v. Valeo | Upheld a federal law that said 1) can limit campaign contributions, 2) cannot limit the candidate's own contributions |
| Regents of the University of California v. Bakke | Ruled that 1) quotas are unconstitutional when accepting students, 2) affirmative action was upheld |
| Gideon v. Wainwright | Ruled that lawyer must be provided if they cannot be paid for |
| Miranda v. Arizona | Ruled that the Miranda rights must be said to criminals and criminals must understand self incrimination |
| Griswold v. Connecticut | Ruled that the Constitution protects the right to privacy in 1st, 3rd, 4th, and 9th amendments, Contraceptive counceling can not be given |
| Roe v. Wade | built on Griswold v. Connecticut, the Court ruled that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion, its her rights |
| Baker v. Carr | Ruled that the Supreme Court can regulate state reapportionment |
| Gitlow v. New York | ruled that the Fourteenth Amendment had extended the reach of certain provisions of the First Amendment—specifically the provisions protecting freedom of speech and freedom of the press—to the governments of the individual states, clear and present danger |
| Clinton v. New York | Line item veto is unconstitutional, SC used Judicial Review on the Executive Branch |
| Tinker v. Des Moines | Ruled that students are allowed to wear armbands, they are protected under the 1st amendment |
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