Ch. 15: The Judicial Branch

what is judicial activism

a view of decision-making that calls for Court to take an active role in policy through its interpretation of the constitution

what is the strategic model

act strategically to get help from others; sincere voting does not always maximize utility

what is the rule of four

at least 4 supreme court justices must agree to hear a case

what is the slot-machine theory

compare challenge to constitution

what is a plurality opinion

decision of the supreme court in which a majority of the court agrees on a decision, but no majority agreement on reasoning

what is the attitudinal model

decisions largely/exclusively influenced by ideology

what is the majority opinion

five or more justice agree on the ruling

what is a writ of certiorari

issued when supreme court decides to hear a case, "to be informed"

what are the 5 models of judicial decision-making

legal model, slot-machine theory, legal realist model, attitudinal model, strategic model

what is a concurring opinion

opinion written by a justice who agrees with the decision but not the reasoning

what is a dissenting opinion

opinion written by a justice who disagrees with opinion of the court

what is the legal realist model

personal values/ideologies affect decisions somewhat

what is constitutional interpretation

ruling of supreme court that declares a law unconstitutional. cannot be overturned by simple statute

what is legislative interpretation

ruling which the Court interprets meaning/intent of statute passed by congress. can be overturned by congress by passing another law.

what is the legal model

solely legal criteria; impersonal

what is the judiciary

system of courts and judges concerned with administering justice

what is the opinion of the court

the official majority of the supreme court's decision on an issue

how are supreme court justices appointed

the president appoints and congress approves

what is living constitution

theory that the constitution is meant to be dynamic (judicial activism)

what is originalism

theory that the constitution should be interpreted literally w/ founder's reasoning (judicial restraint)

what are the 3 types of supreme court decisions

unanimous, somewhat divided, and very divided (plurality opinion is only very divided)

what is judicial restraint

view of decision making that calls for Court to defer policymaking to other gov't branches