Chap. 6 Flashcards
Federal judiciary
Part of the government that interprets the Constitution
Supreme Court
Highest of federal judiciary & highest court
Appellate jurisdiction
The court that reviews the appeal and the decisions of the lower courts
Original jurisdiction
The court that acts to first hear the case and find the facts
Federalist No. 78
A document that argued the judicial branch wouldn’t affect the rights of people and only check on the other branches (while being independent)
Marbury vs. Madison
A court case that involved the decision in the Supreme Court that brought judicial review to the proper attention it needed and using it throughout
Criminal law
A type of law about actions that harm others (literally breaking the law)
Civil law
A type of law about private rights within relationships with other people
Judicial review
The Supreme Court is able to review cases using the Constitution to help solve them
Federal district courts
Is at the bottom of the federal judiciary & have original jurisdiction
Federal courts of appeals
At the middle of the federal judiciary and use appellate jurisdiction (hear appeals)
Precedent
A decision that guides courts on how to handle similar cases in the future
Stare decisis
A practice that lets a legal decision from before stay
Majority opinion
The general decision that is binded for future cases as a precedent
Concurring opinion
An opinion that is shared with the majority opinion, adding extra reasoning while is not a precedent
Dissenting opinion
An opinion that goes against the majority opinion while is not a precedent
Judicial restraint
A philosophy of interpreting the Constitution where you should be careful when/for overturning laws
Judicial activism
A philosophy of interpreting the Constitution where you should use the power of judicial review & creating bold policies
