AP GOV EXAM REVIEW By Nathan Velasquez

Writ of Certiorari

Definition - An order issued from a higher court to a lower court to send up a case for review.

These writs are important in government in cases where they require a decision from S.C. Justices that could potentially affect public policy or laws. They were used in landmark cases such as Gideon v. Wainwright.

Majority Opinion

An explanation behind the supreme court’s decision. It’s written by a justice selected by either the Chief Justice or senior justice who voted with the majority.

The majority opinions are written so that it can be cited as precedent in future cases, such as in Brown v. Board of Education. Using the majority opinion of Plessy v. Ferguson to overturn the separate but equal rule.

Concurring Opinion Definition – An opinion written by one or more

justices who agree with the majority's conclusion but for different reasons that they wish to express.

Typically used in precedents, concurring opinions are like supplements to the majority opinion in that it provides additional views that are different from the majority. In the TLO v Jersey case, Justices Powell and O'Connor stated that while they agreed with the Court's opinion, they felt that students in school settings should not afford the same level of protection for search and seizures as adults in non-school settings.

Dissenting Opinion

Definition – An opinion written by the justices on the losing side of a supreme court case.

It presents a reason of the Justices that did not agree with the majority so that may be accepted in a future case. A famous example is Plessy v. Ferguson. With the verdict of 7-1, Justice John M. Harlan, wrote the dissenting opinion. The dissenting opinion was then looked at in Brown v Board of Education as a basis to overrule Separate but Equal.

Importance of Precedent

Definition - Any past act, decision, or case that serves as a guide or explanation for future cases.

Any government legislation or document can be used to overrule a decision, such as Hazelwood v. Kuhlmeier, where the 1st amendment, rights and responsibilities sheet and a couple court cases were pulled to make the ruling for each time it was tried.