Unit 2 Part 2 Vocabulary

Federal Judiciary

the branch of the federal government that

interprets and applies the laws of the nation.

Supreme Court

the highest level of the federal judiciary, which

was established in Article III of the Constitution and serves as the

highest court in the nation.

Original Jurisdiction

the authority of a court to act as the first

court to hear a case, which includes the finding of facts in the

case.

Appellate jurisdiction

the authority of a court to hear and review

decisions made by lower courts in that system.

Senatorial courtesy

Federalist 78

argument by Alexander Hamilton that the

federal judiciary would be unlikely to infringe upon rights and

liberties but would serve as a check on the other two branches.

Marburg 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.

Civil law

a category of law covering cases involving private

rights and relationships between individuals and groups.

Federal district courts 

he lowest level of the federal judiciary;

these courts usually have original jurisdiction in cases that start at

the federal level.

Federal court 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

letting a previous decision stand.

Majority opinion

binding Supreme Court opinions, which serve

as precedent for future cases.

Concurring opinion

: an opinion that agrees with the majority

decision, offering different or additional reasoning, that does not

serve as precedent.

Dissenting opinion

an opinion that disagrees with the majority

opinion and does not serve as precedent.

Judicial restraint

a philosophy of constitutional interpretation

that justices should be cautious in overturning laws.

Judicial activism

a philosophy of constitutional interpretation that

justices should wield the power of judicial review, sometimes

creating bold new policies

Federal bureaucracy

The departments and agencies within the

executive branch that carry out the laws of the nation.

Bureaucrat

an official employed within a government

bureaucracy

Political patronage/spoils system

filling of administrative positions as a reward

for support, rather than solely on merit.

Pendleton Act 

an act of Congress that created the first United

States Civil Service Commission to draw up and enforce rules on

hiring, promotion, and tenure of office within the civil service

(also known as Civil Service Reform Act of 1883).

Federal civil service 

the merit-based bureaucracy, excluding the

armed forces and political appointments.

Merit system

a system of hiring and promotion based on

competitive testing results, education, and other qualifications

rather than politics and personal connections.

Iron triangle

coordinated and mutually beneficial activities of the

bureaucracy, Congress, and interest groups to achieve shared

policy goals.

Issue network

webs of influence between interest groups,

policymakers, and policy advocates.

Implementation

the bureaucracy’s role in putting into action the

laws that Congress has passed.

Bureaucratic discretion

the power to decide how a law is

implemented and, what Congress meant when it passed the law.

Regulation/Rulemaking

: the process through which the federal bureaucracy

makes rules that have the force of law, to carry out the laws

passed by Congress.

Bureaucratic adjudication

when the federal bureaucracy settles

disputes between parties that arise over the implementation of

federal laws or determines which individuals or groups are

covered under a regulation or program.