Chapter 10

judicial review
power of the courts to review acts of the other branches of gov and the states
Marbury v Madison (1803)
SC first established its power of judicial review; found that the congresssional law extending the Court's original jurisdicition was unconstituional
appellate courts
courts that review the findings of law made by lower courts
authority given to a particular court to hear and decide the issues in a case
original jurisdiction
jurisdiction of the courts that hear a case first.(courts determine the facts of a case under original juris)
appellate jurisdiction
power given to an appellate court to rewier and/or revise the decision of a lower court
constitutional courts
federal courts created by the Constitution or Congress
legislative courts
courts created by Congress for a special purpose
prior judicial decisions that serve as a rule for settling cases of a similar form
stare decisis
a reliance on past decisions or precedents to make decisions in new cases
senatorial courtesy
presidents give selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs
strict constuctionist
constitutional interpretation that emphasizes the Framers' original intent
writ of certiorari
request for the court to order the records from a lower court in order to review the case
rule of four
at least four judges of the SC must vote to consider a case
solicitor general
4th ranking member of the Department of Justice, responsible for handling all appeals to the SC
amicus curiae
"Friend of the Court" ; a person may file briefs or appear to argue their interests orally befor the court
judicial restraint
philosophy of judicial decision making that argues that courts should allow the decisions of other branches og gov to stand, even if it offends a judges own principles
judicial activism
judicial decision making that argues judges should use their power broadly to further justice
judicial implementation
refers to how and whether judicial decisions are translated into public policies affecting more than the immediate members to the lawsuit