Judicial branch (9 questions) Flashcards
Judicial review
Power of the judiciary to review, and if necessary, declare actions of the legislative and executive branches invalid or unconstitutional
Appointment process
- Appointed by the President and Approved by the Senate
- Senatorial courtesy: Before the president makes a formal nomination, however, the senators from the candidate’s own state must indicate that they support the nominee
Concurring opinion
an opinion that agrees with the court’s disposition of the case but is written to express a particular judge’s reasoning
Dissenting opinion
Justices who disagree with the majority decision of the Court may choose to publicize their disagreement
-A decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case
Writ of certiorari
-Granted whenever four of the nine judges agree to review a decision of a lower court.
Highest appellate court in California
Supreme Court of California
Original jurisdiction
Authority to initially consider a case. Original Jurisdiction courts are responsible for discovering the facts in a controversy and creating the record on which a judgement is based.
Barron v. Baltimore
U.S. Supreme Court ruled that the Fifth Amendment to the U.S. Constitution bound only the federal government and was thus inapplicable to actions taken by state and local governments. In 1868 the states ratified the Fourteenth Amendment in part to nullify the Supreme Court’s holding in Barron v. Baltimore. However, it was not until the twentieth century when the Supreme Court made most of the federal Bill of Rights applicable to the states.
Judicial activism
Judicial activism: Activist judges, such as the former chief justice Earl Warren, believe that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions
