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8 Cards in this Set
- Front
- Back
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stare decisis
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"to stand by things decided". Prior court decisions must be recognized as precedents, according to case law. Many argue this principle interferes with the right of judges to interpret law and the right of the legislature to make law
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original jurisdiction
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Matters on which the court rules in the first instance. The authority of the court to hold a trial, it is NOT an appeal from another court. The only original jurisdiction cases in the Supreme Court are disputes between two or more US States, typically regarding boundary lines, water claims, or other property issues.
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judicial review
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The power of a court to review a statute, or an official action or inaction, for constitutionality. Power to strike down laws in an implied power from Article III and IV. Judicial review first announced as part of federal law in 1803 through Marbury v. Madison.
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Marbury v. Madison
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(1803) William Marbury filed suit against James Madison to commission the 42 "midnight judges". 25/42 were not affirmed by the incoming Jefferson administration. Chief Justice John Marshall ruled that Marbury could not force the commissions. Marshall said the failure to deliver the commission was "violative of a vested legal right." For every violation of a vested legal right, there must be a legal remedy.
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judicial activism
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The tendency of some judges to take a flexible view of their power of judicial interpretation. Usually used perjoratively to describe decisions that are perceived to endorse a particular agenda.
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judicial restraint
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Theory of judicial interpretation that endorses the limited exercise of power by the judiciary. Strict constructionist, interpretivist, and textualist views. Deferrence to the framers of the constitution and their intents in writing it.
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certiorari
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A type of writ seeking judicial review. The writ that an appellate court issues to a lower court in order to review its judgement for legal error, where no appeal is available as a matter of right. Since the Judiciary Act of 1925 most cases cannot be appealed to the US Supreme Court as a matter of right. 4/9 justices must vote to grant a writ of certiorari ("the rule of four").
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amicus curiae
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"friend of the court" that refers to someone, not a party to the case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court. Advocacy or interest groups frequently submit briefs brought on by amicus curiae. Written consent of all parties is needed or by leave of court granted or at the request of the court.
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