1. Describe the common law tradition and precedent.
In a common law system, judges rely on past decisions for guidance on handling cases. A past ruling that informs court decisions is called a precedent.
2. What is judicial review? How did the Supreme Court get this power?
Judicial review is the power of a court to determine whether a law or government action is constitutional. The Supreme Court gave itself this power in the 1803 case Marbury v. Madison.
3. What is an amicus curiae brief?
An amicus curiae (“friend of the court”) brief is one filed by a group or person not a party to the case.
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