CCJ 101 Lecture Notes - Judicial Activism, Equal Protection Clause, En Banc
Document Summary
The court process: judicial review: allows higher courts to review the decisions of lower courts. Interpret the document within the context of historical, societal, and technological events judicial activism: variation from the clear meaning of the text, allows for broad interpretation. E. g. brown v. board of education (1954) Precedent established in plessy v. ferguson (1896) Dual court system: separate system for federal and state levels. Federal law in almost all cases trumps state law. In most cases, state supreme courts interpret and decide constitutional issues arising from each of the sovereignties, unless a federal issue is involved. Writ of certiorari: order to send documents from a lower court to an appellate court for review. Jurisdiction: refers to a court"s authority to hear certain types of cases. Federal cases will not hear cases involving state laws, unless the laws conflict or the issue is appealed as a constitutional matter.
