The Federal Courts. Chapter 16. The Adversarial System. The Courts provide an arena for two parties to bring their conflict to an impartial arbiter. Criminal Law Cases- the government charges an individual with violating specific laws Involve grand juries and trial juries
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Court of Appeals
Original Intent- a.k.a. strict constructionism- believe founders intent should be paramount in interpreting the Constitution
Loose Constructionism- believe Constitution should be interpreted to fit contemporary needs and situations
Judicial Activism- Judges make bold policy decisions, chart new Constitutional ground, overturn precedents and do not hesitate to overturn the policymaking decisions of Congress and the President
Judicial Restraint- judges adhere to precedent and minimally overturn the policymaking decisions of Congress and the PresidentThe Nature of Judicial Power and Philosophy of Judges