All Flashcards
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 was the significance of Brown v. Board of Education (1954)?
Overruled Plessy v. Ferguson, establishing that separate educational facilities are inherently unequal.
What doctrine did Plessy v. Ferguson establish?
Established the 'separate but equal' doctrine, allowing segregation.
What was the impact of Brown v. Board on segregation?
It declared state laws establishing separate public schools for black and white students unconstitutional.
What legal principle was challenged in Brown v. Board?
The 'separate but equal' doctrine established in Plessy v. Ferguson.
What did Brown v. Board establish regarding education?
Separate educational facilities for African American and white students are inherently unequal.
How did Brown v. Board change legal precedent?
It overturned the legal precedent set by Plessy v. Ferguson.
What was the legal basis for the decision in Brown v. Board?
The Equal Protection Clause of the Fourteenth Amendment.
What impact did Brown v. Board have on civil rights?
It was a major victory for the Civil Rights Movement, paving the way for desegregation.
What was the dissenting opinion in Plessy v. Ferguson?
Justice Harlan argued that the Constitution is color-blind and does not allow for segregation.
What was the social context of Plessy v. Ferguson?
It occurred during a time of widespread segregation and racial discrimination in the United States.
What is the role of the Supreme Court?
Highest court; decisions bind all courts; can overrule precedents.
What is the role of lower courts?
Follow higher court precedents; reconcile conflicting precedents.
What is the President's role in the judiciary?
Appoints Supreme Court justices, impacting Court's direction.
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.