Power Point Section 3: Judicial Review, Precedent & Court Systems (Vocabulary Flashcards)

Vocabulary flashcards covering Judicial Review, precedent, and the structure of United States courts and key related concepts.

Judicial Review

Power of courts to review laws/actions of other branches and strike them down if unconstitutional.

Marbury v. Madison (1803)

Case that established the Supreme Court’s power of judicial review.

SCOTUS

Supreme Court of the United States; the highest judicial authority with discretionary case selection.

Cases and Controversies Requirement

Courts may decide only actual disputes, not hypothetical or advisory opinions.

Stare Decisis

Doctrine to follow previous rulings in similar cases to promote predictability and stability.

Precedent

Legal rule established by appellate courts; guides future decisions when statutes don’t control.

Appellate Court

Reviews trial court decisions for errors of law; does not hear new evidence and creates binding precedent.

Common Law System

System based on precedent and case law (e.g., U.S., U.K.).

Civil Law System

Code-based system relying on statutes/regulations; less emphasis on case law (e.g., France).

South Dakota v. Wayfair

Case overturning Quill on sales tax; allows states to collect sales tax based on economic nexus.

Quill Corp. v. North Dakota

Prior rule requiring physical presence for sales tax collection; overturned by Wayfair.

Federal Courts

Handle federal law, U.S. constitutional issues, and bankruptcy; have limited jurisdiction.

State Courts

Handle state statutes, common law, and state constitutional law.

U.S. District Courts

Federal trial courts where cases begin at the federal level.

U.S. Courts of Appeals

Federal intermediate appellate courts that review lower court decisions.

U.S. Supreme Court

Highest federal court; has original and appellate jurisdiction; decides to hear cases via certiorari.

Rule of Four

Four of nine justices must agree to grant a writ of certiorari and hear a case.

Writ of Certiorari

Order by the Supreme Court to review a lower court’s decision.

Cert Denied

Supreme Court declines to hear a case; lower court ruling stands.

Original Jurisdiction

SCOTUS authority to hear select cases directly (e.g., ambassadors, disputes between states).

Appellate Jurisdiction

SCOTUS mostly exercises this; cases come on appeal from lower courts.

No New Evidence (Appellate Court)

Appellate courts do not take testimony or admit new exhibits; focus on legal errors.

Binding Precedent

A precedent established by appellate courts that binds lower and later courts in similar cases.

Discretionary Jurisdiction

Power of a court (notably SCOTUS) to choose which cases to hear.