Chap 9 and others Flashcards
Activist judge
the constitution is a living document and its meaning changes over time
constructionist judge
word to word what the constitution says
What level of court affects the most people?
The appellate
Starry Dicisus
the court is unlikely to interfere w a decision on the books
Case precedence
when an older case’s, that is similar to your case, results stand. (cases that have not been overturned)
Mandatory precedence
cannot overturn a decision in your system/ location because inferior courts are bound to obey your court decision
persuasive
trying to change a decision about a case with with cases
amicus brief
a friend of the court brief, submitting a case brief for the court to read but they have an interest in the case
appellant/petitioner
lost the case and appealing the results
apellee
respondent (hoping the verdict does not change)
Can cases in the state bracket be appealed in the supremes?
YES!
A state case can go to its highest state court, and then continue onto the Supreme Court
Appeal courts do not take what???
new testimony or new evidence, instead they establish if the law was honored correctly
de novo
type of appeal, new case not paying attention to old cases
weight and sufficient
type of appeal: the evidence presented was not enough
