Judicial Branch Flashcards
federal judiciary
the branch of the federal government that interprets the laws of the nation
Supreme Court
the highest level of the federal judciiary, which was established in ARticle 3 of the Constitution and serves as the highest court in the nation
original jurisdiction
the authority of a court ot act as the first court to hear a case, which includes the finding of facts in the case: Supreme Court has O.J in federal vs state, state vs state, cases involving public ministers,
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 woudl be unlkely to infringe upon rights and liberties but woudl serve as a check on the other two branches: Hamilton argued that lifetime tenure and process of nomination made the justices insulated from public opinion and serve as a check to public opinion by being impartial
Marbury v Madison
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: state or federal government is prosecutor and try to prove guilt of defendant
civil law
a catogeory of law covering cases involving private rights and relationships between individuals and groups: plantiff(can be private or government) and defendant
federal district courts
the lowest level of the federal judiciary; these courts usually have original jursidiction 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 opinoin that agrees with the majoirty decision, offering different or additional reasoning, that does not serve as precedent
