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A set of flashcards to review key concepts related to the powers of the Judiciary and the structure and functions of Federal and State courts for Unit 6.
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Supreme Court
The highest court in the United States, which has both appellate and limited original jurisdiction.
Appellate Jurisdiction
The power of a court to hear appeals from lower courts.
Original Jurisdiction
The authority of a court to hear a case for the first time.
Commerce Clause
A clause in the U.S. Constitution that gives Congress the power to regulate commerce with foreign nations, among the states, and with Native American tribes.
Worcester v. Georgia
A Supreme Court case that addressed the powers of the federal government in relation to state laws regarding Native American territories.
Federalist No. 78
An essay by Alexander Hamilton that discusses the importance of an independent judiciary and judicial review.
Stare Decisis
The legal principle of determining points in litigation according to precedent.
Judicial Review
The power of the Supreme Court to declare an act of Congress or the President unconstitutional.
Judiciary Act of 1789
An act that established the federal judiciary and provided for the organization of the Supreme Court.
Judicial Activism
A judicial philosophy that argues judges should interpret laws and apply them in a way that reflects current values and conditions.
Judicial Restraint
A judicial philosophy that argues judges should limit their own power by adhering closely to precedent.
Majority Opinion
The opinion of the majority of justices in a Supreme Court case.
Concurring Opinion
An opinion written by a justice who agrees with the majority's conclusion but disagrees with its reasoning.
Dissenting Opinion
An opinion written by justices who disagree with the majority in a Supreme Court case.
Civil Law
The body of law concerning disputes between individuals or organizations.
Criminal Law
A system of law concerned with the punishment of those who commit crimes.