The Federal Judicial System

Flashcards covering key vocabulary and concepts related to the federal judicial system.

The Constitution of the United States

Established the judiciary as a separate and independent branch and also established the U.S. Supreme Court.

Jurisdiction

The authority to hear cases of a particular type.

Original jurisdiction

The authority to be the first court to hear a case.

Appellate jurisdiction

The authority to review cases that have already been heard.

Rule of four

If at least four justices agree to hear the case, the Court issues a writ of certiorari, which is a request for a record of the case.

Decision

Indicates which party won the case.

Opinion

Explains the legal basis for the decision.

Majority opinion

A majority agree on the legal basis.

Plurality opinion

A majority agree on the decision, but they disagree on the legal basis.

Concurring opinion

A separate view by a justice who agrees with the majority but disagrees with at least some of the reasoning.

Dissenting opinion

One or more justices on the losing side explain the reason they disagree with the majority position.

Per curiam opinion

Unsigned decision written for the Court as a whole.

Judicial review

The power to declare a law to be unconstitutional.

Judicial restraint

Judges should abide strictly by precedent and legislation and apply the law, never create it.

Judicial activism

Courts should not blindly uphold the decisions of elected officials when core principles are at issue.