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Politics of the United States
Terms in this set (13)
Allows the court to determine the constitutionality of laws, state actions, presidential actions, or Federal bureaucratic agencies. Given to the Supreme Court in Marbury v. Madison.
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review. Marshall weakened the Supreme Court by declaring the Judicial Act of 1789 unconstitutional, but established SCOTUS's power to declare things unconstitutional. Madison was not required to deliver commission for Marbury.
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard. Not many cases heard every year. Petitions of writ of certioraris are filtered by clerks and solicitor general.
Previous decision or interpretation of law by a court in a case that lower ranking courts must follow. One way for courts to 'make laws'. Redefining law without rewriting.
Process to redefine/clarify law, or correct errors. Apply to a higher court for a reversal of the decision of a lower court.
writ of certiorari
An order by a higher court directing a lower court to send up a case for review. Petition for a writ of certiorari is how the SCOTUS picks cases to review, like an appeal.
amicus curiae brief
A "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. A way for outer parties to try to influence or persuade the Supreme court.
A written document explaining the position of one side or the other in a case. Always at least 2 in Supreme Court cases, could be more.
A statement that presents the views of the majority of supreme court justices (usually at least 5) regarding a case.
Minority Opinion (Dissenting Opinion)
Written statement opposing the official ruling of SCOTUS. Written by those in the minority.
A statement that agrees with the majority decision, but for different legal reasons.
Chief Justice of the Supreme Court
Presides over all SCOTUS trials and cases. Has seniority over other judges. Chairman of court.
appointed by president, confirmed by Senate. Term is for life, or until retirement. Nine justices on the SCOTUS.
Sets with similar terms
Civics Chapter 12- Supreme Court Decision Making
A.P. Gov Chapter 15 The Federal Courts
Supreme Court Review
AP Gov 5.17 the Judiciary
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