chapter 6 Flashcards

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1
Q
A
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2
Q

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

A

federal judiciary

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3
Q

the highest level of the federal judiciary, which was established in Article 3 of the Constitution and serves as the highest court in the nation.

A

Supreme Court

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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

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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6
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

fed no. 78

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7
Q

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

A

Marbury v. Madison

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8
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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9
Q

a category of law covering actions determined to harm the community

A

criminal law

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10
Q

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

A

civil law

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11
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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12
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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13
Q

a judicial decision that guides future courts in handling similar cases

A

precedent

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14
Q

letting a previous decision stand

A

stare decis

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15
Q

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

A

majority decision

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16
Q

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

A

concurring opinion

17
Q

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

A

dissenting opinion

18
Q

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

A

judicial restraint

19
Q

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

A

judicial activism