Chapter 6 flashcards
Judicial branch
What is the federal judiciary?
The branch of the federal government that interprets the laws of the nation.
What is the Supreme Court?
The highest level of the federal judiciary, established in Article III of the Constitution.
What is original jurisdiction?
The authority of a court to hear a case first, which includes the finding of facts in the case.
What is appellate jurisdiction?
The authority of a court to hear and review decisions made by lower courts in that system.
What is Federalist No. 78?
Argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties.
What was the significance of Marbury v. Madison (1803)?
It established judicial review over federal laws.
What is judicial review?
The authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution.
What is criminal law?
A category of law covering actions that harm the community itself.
What is civil law?
A category of law covering cases involving private rights and relationships between individuals and groups.
What are federal district courts?
The lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level.
What are federal courts of appeals?
The middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.
What is precedent?
A judicial decision that guides future courts in handling similar cases.
What is stare decisis?
The practice of letting a previous legal decision stand.
What is a majority opinion?
A binding Supreme Court opinion, which serves as precedent for future cases.
What is a concurring opinion?
An opinion that agrees with the majority decision, offering different or additional reasoning.
What is a dissenting opinion?
An opinion that disagrees with the majority opinion and does not serve as precedent.
What is judicial restraint?
A philosophy of constitutional interpretation that asserts justices should be cautious in overturning laws.
What is judicial activism?
A philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.
