ch 6 Flashcards
Federal Judiciary
the branch of the federal government that interprets the laws of the nation.
Supreme Court
the highest level of the federal judiciary, which was established in Article III of the Constitution and serves as the highest court in the nation.
Original Jurisdiction
the authority of a court to act as the first court to hear a case, which includes the finding of facts in the case.
Appellate Jurisdiction
the authority of a court to hear and review decisions made by lower courts in that system.
Marbury v. Madison
a Supreme Court decision that established judicial review over federal laws.
Judicial Review
the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution.
Criminal Law
a category of law covering actions determined to harm the community itself.
Civil Law
a category of law covering cases involving private rights and relationships between individuals and groups.
Federal District Courts
the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level.
Federal Courts of Appeals
the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.
Precedent
a judicial decision that guides future courts in handling similar cases.
Stare Decisis
the practice of letting a previous legal decision stand.
Majority Opinion
binding Supreme Court opinions, which serve as precedent for future cases.
Concurring Opinion
an opinion that agrees with the majority decision, offering different or additional reasoning that does not serve as precedent.
Dissenting Opinion
an opinion that disagrees with the majority opinion and does not serve as precedent.
Judicial Restraint
a philosophy of constitutional interpretation that asserts justices should be cautious in overturning laws.
Judicial Activism
a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.
Why are federal judges appointed, rather than elected?
Many states elect judges and politics influence their decisions. Federal judges are appointed by the president and confirmed by the senate in an effort to make them independent from politics and other branches of government.
What are the advantages of electing judges at the state level?
They are held more accountable to the people who elected them.
How the constitution structures the federal judiciary:
- Constitution contains less details about the judiciary than about legislative or executive branches.
- Article III, along with supremacy clause, establishes the supremacy of the supreme court over matters involving Constitution and federal law.
- Supreme court, by Article III, is the highest court in the nation. However, lower courts are left to congress.
- Constitution clarified the jurisdiction of the courts, what authority they have to hear and decide on specific cases.
- Judiciary act of 1789 allowed congress to flesh out the organization of the court system.
- All federal judges nominated by President and confirmed by majority vote in the Senate.
- Constitution places no requirements on the qualifications to serve in federal judiciary, but experience, ethical integrity, and legal accomplishments are important factors.
- Presidents tend to nominate individuals with whom they share similar philosophies and approaches to constitutional interpretation.
Marbury vs. Madison
Chief Justice Marshall found that part of the law that Marbry was basing his claim on, The Federal Judiciary act of 1789, was unconstitutional and thus unenforceable.
Marbury vs. Madison established what?
power of Judicial Review. Power to review laws and actions of other branches and levels of government to decide if they are in conflict with the constitution.
What are the two levels of courts in the US?
Federal and State
Most cases are resolved at the state level.
fact
Remember: in criminal cases, a prosecutor brings a case against a defendant for wrongdoing in the community.
true
Federal Judiciary is organized into three levels:
Federal district courts, the Federal courts of appeals, and the Supreme Court
Supreme court may act as a national policymaker and agenda setter, but there are checks to its power.
fact
Supreme court relies on other branches of government to implement its decisions.
true
