judicial activism
philosophy that judges should interpret the Constitution to reflect current conditions and values
judicial restraint
view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past
judicial review
the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional
writ of certiorari
an order from the court to a lower court to send up the records on a case for review
writ of habeas corpus
a writ ordering a prisoner to be brought before a judge
stare decisis
"let the decision stand"; the judges use past cases in order to determine the outcome of a present case
senatorial courtesy
President nominates a senator, and privately talks with the standing senator from their state before sending the nominee to the Seante
justiciable disputes
a requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies
class action suits
Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.
amicus curiae
"friend of the court"-- briefs, they come from individuals, interest groups, or government agencies claiming to have information useful to the Court's consideration of the case
The party who appeals a district court's decision, usually seeking reversal of that decision.
appellate court
court that reviews trial court procedures to determine whether they have complied with accepted rules and constitutional doctrines.
appellate jurisdiction
The authority of a court to review decisions made by lower courts
to state boldy in the place of a swearing; not swearing on the Bible
A summary of the case as well as a description of the sides of the case
civil code
a code that recognized the principles of equality
civil law
laws of a state or nation; "private" matters
common law
laws made by lower, state-level courts
concurring opinion
"Opinion of the Court"; a unanimous decision made by the Supreme Court
confirmation hearing
held by the Senate to reject or confim a Presidential nominee
decision for a case that is a guide for similiar cases
Supreme Court gives a case back to the lower courts where it was appealed with instructions
decision of an appellate court to return the case to a lower courts to fix an error
rule of Four
a rule that if 4 senators vote to hear a case, it can be presented before the Supreme Court
substantive due process
fair treatment under law
standing to sue
requirement that plaintiffs need to have a serious interest in the case, which depends on if they will sustain an injury from it
district courts
91 federal courts with original jurisdiction
reasoning behind judicial decision
court of appeal
appellate courts to review final decision of district courts; 12 federal
judicial implementation
how or whether judicial decision become policies
solicitor general
president appointed 3rd in Justice; execute branch; appear for US against other coutries
A party to a lawsuit.
Marbury v. Madison
U.S. Supreme Court case that established the principle of judicial review
Fletcher v. Peck
Supreme Court case; first case where the Supreme Court overruled a state law because of it's Constitutionality
McCulloch v. Maryland
Supreme Court ruled that states can't tax national agencies
Gibbons v. Ogden
Supreme Court has power to control interstate commerce