Chapter 9 - Part 2

Chapter 9 - Part 2 - Judicial activism when judges...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Chapter 9 – Part 2 Judicial doctrine – the practice of prescribing in a decision a set of rules that are to guide future decision on similar cases. Used by the Supreme Court to guide the lower courts in making decisions. o Procedural doctrine – principle of law that governs how the lower courts do their work o Substantive doctrine – principle that guides judges on which party in a case should prevail—akin to policymaking Stare decisis – “let the decision stand.” In court rulings, a reliance on precedents, or previous rulings, in formulating decision in new cases Standing – the right to bring legal action Judicial restraint – the judicial action of deferring to the policies emanating from the elected branches in the absence of a clear violation of the Constitution or established doctrine
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Judicial activism when judges deliberately shape judicial doctrine to conform with their personal view of the Constitution and social policy Dissenting opinion the written opinion of one or more Supreme Court justices who disagree with the ruling of the Courts majority. The opinion outlines the rationale for their disagreement. Concurring opinion a written opinion by a Supreme Court justice who agrees with the decision of the Court but disagrees with the rationale for reaching that decision Attorney general the head of the Justice Department, represents the federal governments interests in law courts throughout the nation. Senatorial courtesy an informal practice in which senators are given veto power over federal judicial appointments in their home states...
View Full Document

Ask a homework question - tutors are online