Unit 2D: The Judicial Branch

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 included the finding of facts in the case.

Appellate jurisdiction

The authority of a court to hear and review decisions made by lower courts in the system.

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.

Marbury v. Madison (1803)

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

The lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level.

Federal courts 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

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.

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.