Ch.6 Vocab Flashcards

The Federal Judiciary: Politics, Power, and the "Least Powerful" Branch

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1
Q

the branch of the federal government that interprets the laws of the nation.

A

federal judiciary

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2
Q

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.

A

Supreme Court

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3
Q

the authority of a court to act as the first court to hear a case, which includes the finding of facts in the case.

A

original jurisdiction

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4
Q

the authority of a court to hear and review decisions made by lower courts in that system.

A

appellate jurisdiction

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5
Q

argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches.

A

Federalist No.78

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6
Q

a Supreme Court decision that established judicial review over federal laws.

A

Marbury v. Madison (1803)

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7
Q

the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution.

A

judicial review

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8
Q

a category of law covering actions determined to harm the community.

A

criminal law

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9
Q

a category of law covering cases involving private rights and relationships between individuals and groups.

A

civil law

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10
Q

the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level.

A

federal district courts

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11
Q

the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.

A

federal courts of appeals

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12
Q

a judicial decision that guides future courts in handling similar cases.

A

precedent

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13
Q

the practice of letting a previous legal decision stand.

A

stare decisis

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14
Q

binding Supreme Court opinions, which serve as precedent for future cases.

A

majority opinion

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15
Q

an opinion that agrees with the majority decision, offering different or additional reasoning, that does not serve as precedent.

A

concurring opinion

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16
Q

an opinion that disagrees with the majority opinion and does not serve as precedent.

A

dissenting opinion

17
Q

a philosophy of constitutional interpretation that justices should be cautious in overturning laws.

A

judicial restraint

18
Q

a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.

A

judicial activism