Unit 2a (Judicial Branch)

federal court system

-district courts (original jurisdiction)

-court of appeals (appellate jurisdiction)

-supreme court (final appellate court)

Marbury v. Madion (1803)

the courts established the principle of judicial review by declaring parts of the Judiciary Act of 1789 unconstitutional

Federal Paper #78

argued the need for an independent judiciary in which justices are appointed for life and the federal courts have the duty to determine whether acts of Congress are constitutional

judicial review

the power of federal judiciary to review laws passed by federal and state government to determine if they are constitutional

stare decisis

let the decision stand or allowing prior rulings or case precedent to control the current case

case precedent

a previous court decision that is regarded as an example or guide for deciding future cases that involve identical or similar facts and/or legal issues

judicial restraint

a court that upholds precedent and has a strict interpretation of the constitution

judicial activism

a court that establishes new precedent and has a broad interpretation of the constitution

original jurisdiction

authority of courts to hear new cases

appellate jurisdiction

authority of courts to hear appeals made in lower courts

rule of four

a case can only be heard if four justices vote to hear the case

SCOTUS court case process

-writ of certiorari

-oral arguments

-judicial conference

-judicial opinions

writ of certiorari

an order by a higher court directing a lower court to send up a case for review occurring when four of the nine justices agree to hear the case

oral arguments

allows interaction between justices and lawyers whom justices often interrupt to ask questions

judicial conference

a closed meeting where justices discuss the case

dissenting opinion

represents the opinion of fewer than five justices

majority opinion

represents the opinion of five or more justices

concurring opinion

represents the opinion by one or more justices in the majority who want to express a separate opinion from the justice who wrote the majority opinion