Unit 4 Section 2

Supreme
Court
Supreme
Court
Supreme
Court
Stands at the top
of the American
legal system
Last stop for legal
questions of
federal law
Interpreter of the
constitution
Courts opinion
The decisions of
the Supreme
Court
Courts opinion
This includes the
written
explanation of
their decisions
All decisions have
an opinion
American Bar
Association
American Bar
Association
American Bar
Association
The largest
national
organization of
lawyers
They evaluate the
professional
qualifications of
candidates for all
Article III judicial
positions
Writ of
certiorari
Writ of
certiorari
Writ of
certiorari
An order from the
Court to a lower
court to send up
the records on a
case for review
Either side of a
civil case may
petition the Court
for “cert”
Brief
Brief
Brief
A written
statement setting
forth the legal
arguments,
relative facts, and
precedents
supporting one
side of a case
Amicus curiae
Amicus curiae
Friend of the
Court
Amicus curiae
These are briefs
written by
individuals that
are not directly
involved in the
case, but have an
interest in the
decision
Unanimous
opinion
Opinion written
explaining the
decision
Unanimous
opinion
All justices vote
the same way in
a case
About 1/3 of the
cases heard are
unanimous
Majority
opinion
Majority
opinion
Majority
opinion
This expresses
the views of the
majority of the
justices on the
case
Concurring
opinion
Concurring
opinion
Concurring
opinion
This is a differing
opinion of the
majority opinion
and explains a
differing position
while voting the
same way
Dissenting
opinion
Dissenting
opinion
Dissenting
opinion
This is the
opinion of the
losing side in a
case
Judicial
review
Judicial
review
Judicial
review
The Courts power
to examine the
laws and actions of
local, state, and
national
governments and
to cancel them if
they violate the
Constitution
Marbury v. Madison
was the 1st case in
judicial review
Stare decisis
Stare decisis
One of the basic
principles of law
in making judicial
decisions
Latin term
meaning “let the
decision stand”
Precedent
Precedent
A model on which
to base decisions
in similar cases
Precedent
This is important
because it makes
law predictable
This provides
stability in law
making