Unit 2 Judiciary Branch

Article III

foundation for powers of the judicial branch; life tenure for justices allows the court to function independent of the current political climate

Federalist 78

the argument for how its independence checks the power of other branches; life tenure for justices allows the court to function independent of the current political climate

Judicial review

the Supreme Court’s power to determine the constitutionality of a congressional law, executive action, or state law or state court decision

Precedent

 a principle or rule established in a previous legal case relevant to a court when deciding subsequent cases

Stare decisis

the legal doctrine under which courts follow legal precedents when deciding cases with similar facts

Jurisdiction

legal authority delegated to the federal courts to rule on cases and controversies

Original jurisdiction

the power of a court to hear a case for the first time

Appellate jurisdiction

 the power of a court to hear a case that has already been heard and decided by a lower court

Judicial activism

asserts that judicial review allows the court to overturn current Constitutional and case precedent or invalidate legislative or executive acts

Judicial restraint

asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent