All Flashcards
What is judicial restraint?
A judicial philosophy that encourages judges to limit the exercise of their own power and defer to the legislative and executive branches.
What is judicial activism?
A judicial philosophy that encourages judges to use their power to correct injustices, especially when the other branches of government are unwilling or unable to do so.
Define Jurisdiction.
The Court's authority to hear a case.
Define Oral Arguments.
Lawyers present their case to the justices.
What are Briefs?
Written arguments submitted by each side in a case.
Define Precedent.
Previous court decisions that guide future cases.
What is a Majority Opinion?
The decision of the majority of justices.
Define Dissenting Opinion.
Justices disagreeing with the majority.
What is a Concurring Opinion?
Justices agreeing with the outcome, but for different reasons.
Define Writ of Certiorari.
A request to have a case heard by the Supreme Court.
Define Writ of Habeas Corpus.
A legal order to produce a prisoner and justify their detention.
What are Amicus Curiae Briefs?
"Friend of the court" briefs from interested parties.
Significance of Marbury v. Madison (1803)?
Established judicial review, giving the Supreme Court the power to declare laws unconstitutional.
Impact of Brown v. Board of Education (1954)?
Declared state laws establishing separate public schools for black and white students unconstitutional, overturning Plessy v. Ferguson.
Significance of Roe v. Wade (1973)?
Established a woman's right to an abortion, based on the right to privacy.
Significance of Miranda v. Arizona?
Established that criminal suspects must be informed of their constitutional rights, including the right to an attorney and against self-incrimination, prior to interrogation.
Significance of Gideon v. Wainwright?
Established that states are required to provide legal counsel to indigent defendants in criminal cases.