Chapter 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.
Federalist no. 78
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.
Marbury v. Madison (1803)
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.
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 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.
