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Test review for Judiciary exam (It’s so hard your brain will leap from your skull and hide underneath something heavy) Federalist #78 Main arguments Why the judiciary is not a threat Why the judiciary is needed Why the court is ultimately democratic Judicial review Acts of Congress -- Marbury v Madison Acts of the states -- Fletcher v Peck, Judiciary Act of 1789, Supremacy Clause Where does it come from? Stare decisis – or the impact of precedent Common law Differences between criminal and civil law Structure of the appeals court system -- who establishes Structure of the Supreme Court # of judges (set by whom) function of chief justice Procedures of the Supreme Court function of clerks, solicitors general Deciding to review Criteria Likelihood Discretion Review Certiorari and habeas corpus writs Per curiam rejections or opinions Decision writing Majority, concurrent, dissent opinions Limitations on the court Jurisdiction Cases and controversies Mootness Standing Class action Amicus briefs Enforceability Court history Trends in the Warren, Burger, and Rehnquist courts Judicial philosophy Judicial Restraint vs Judicial Activism “Liberal” decisions vs “Conservative” decisions (weaknesses of this model) Textualism, originalism, developmentalism, legal positivism, and balancing
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