What is the role of the Senate in judicial appointments?
Provides 'advice and consent' on presidential nominations to the federal judiciary.
What is the role of the Chief Justice of the Supreme Court?
Presides over the Court's sessions and often leads the discussion during oral arguments.
What is the role of the Solicitor General?
Represents the U.S. government in cases before the Supreme Court.
What is the role of federal district courts?
Serve as the trial courts of the federal court system.
What is the role of federal courts of appeals?
Hear appeals from the district courts located within their respective circuits.
What is the role of judicial review?
The power of the courts to declare laws unconstitutional.
What is the role of amicus curiae briefs?
Legal documents filed by outside parties to provide additional information or arguments to the court.
Define 'precedent'.
A previous legal decision that guides future cases with similar issues.
Define '*stare decisis*'.
The principle that courts should follow precedents set by earlier, similar cases.
What does 'distinguishing cases' mean?
Courts differentiate current case facts from precedent, limiting precedent's relevance.
Define 'overruling precedent'.
When a court invalidates a prior decision, setting a new rule.
Define 'judicial ideology'.
A justice's political, legal, or philosophical views influencing legal interpretation.
What is 'common law'?
A legal system where *stare decisis* is a cornerstone, binding judges to precedents.
What is 'civil law'?
A legal system where *stare decisis* is less emphasized, allowing courts to re-examine laws more freely.
What is legal reasoning?
Analyzing facts/reasoning of prior decision; considering legal/societal context; evaluating impact.
What is 'jurisdictional hierarchy'?
Lower courts must follow precedents established by higher courts within their jurisdiction.
What is 'persuasive authority'?
Courts may rely on decisions from other jurisdictions or refer the case to a higher court.
What are the differences between common law and civil law systems?
Common Law: *stare decisis* is central, binding precedents. Civil Law: *stare decisis* less emphasized, laws re-examined freely.
Compare conservative and liberal justices' views on precedent.
Conservative: Follow precedent, emphasize stability. Liberal: Question precedent, adapt law to change.
Compare stability and adaptability in legal decisions.
Stability: Following *stare decisis* for consistency. Adaptability: Adapting to new issues and circumstances.
Compare individual rights vs. states' rights regarding precedent.
Individual Rights: May overrule precedent limiting rights. States' Rights: May uphold precedent supporting states' power.
Compare the role of precedent in the US and UK legal systems.
US: Precedent is highly influential but can be overturned. UK: Precedent is strictly followed but is evolving.
Compare the role of written constitutions in common law and civil law systems.
Common Law: Constitution is interpreted through case law. Civil Law: Constitution is the primary source of law.
Compare the role of judges in common law and civil law systems.
Common Law: Judges create law through precedents. Civil Law: Judges apply law as written in codes.
Compare the role of legal scholars in common law and civil law systems.
Common Law: Legal scholars analyze and critique case law. Civil Law: Legal scholars interpret and systematize legal codes.
Compare the use of juries in common law and civil law systems.
Common Law: Juries are more common in both criminal and civil cases. Civil Law: Juries are less common, especially in civil cases.
Compare the approach to statutory interpretation in common law and civil law systems.
Common Law: Statutes are interpreted in light of existing case law. Civil Law: Statutes are interpreted based on their plain meaning and legislative intent.