Chapter 9
Types of Judicial Opinions
1. Majority
2. Plurality
3. Per Curiam
4. Concurring
5. Dissenting
6. Seperate
"Stare Decisis"
Dictates that courts should not overturn past decisions unless there is a "special reason" to do so.
Affirmative Action
a policy or a set of procedures that improve the educational/employment opportunities of certain demographic groups
Attitudinal Model
Judicial decisions are based on the ideological attitudes and policy preferences of the justices.
2 methods of constitutional interpretation
1. Interpretivism
2. Non-interpretivism
Strategic Choice Theory
Judges base their decisions on strategic calculations that are tempered by legal factors and institutional constraints.
Activist Court
Linked to rulings that deviate or overturn precedents or legislation
Reasoning by example or analogy 3 stages
1. Recognize similarity between a past case and the case under review
2. Discover a rule of law from the prior case
3. Apply the rule to the case at hand
Judicially self-restrained court
adheres to precedents
Precedent
a court decision that serves as authority for similar future cases
Equity lawsuits vs Adequacy lawsuits
Equity lawsuits pushed for the elimination of wealth disparities, adequacy lawsuits sought school reforms based on academic performance