Unit 2: Judicial Branch Flashcards
The Federal Court System
US District Courts (94)
US Circuit Court of Appeals (12)
Supreme Court (1)
US District Courts
They’re federal trial courts where legal cases are heard for the first time (original jurisdiction). They are the first level in the federal court system, and their decisions can be appealed to higher courts, such as the U.S. Circuit Courts of Appeals
US Circuit Court of Appeals
Hears lower courts (appellate jurisdiction) to determine if they made errors in applying the law / legal procedures. They don’t conduct trials but rather focus on assessing the fairness and correctness of previous legal ruling’s
The Supreme Court has what kind of jurisdiction?
Both original and appellate depending on the kind of case being heard
Federalist 78
Argues for the importance of judicial independence
It argues that the judges should have lifetime terms to protect them from political pressures
Argues that the judiciary’s role is to interpret the Constitution & check the legislative & executive branches
Why is Marbury v. Madison important
It was the Court’s ruling in this case that cemented the power of judicial review and the Supreme Court’s responsibility
Precedents
A previous case / legal decision that must be followed in future similar cases
• Can sometimes be overturned (see Brown v. Board of Education)
• Supreme Court is less bound to precedents than lower courts
Stare Decisis
“Let the decision stand”
Practice of deciding on new cases based on precedent
Judicial activism
Considers not just the constitutionality of a policy / decision but also its broad effect on society
(Brown v. Board of Education is a good example)
Judicial restraint
A law should only be struck down if it violates the written word of the Constitution
The supreme law of the land
In the US, the Constitution is the Supreme law. Now law and no person can override the Constitution
