Judicial Branch Overview

Flashcards covering key terms and concepts related to the Judicial Branch of the U.S. government.

Appellate Jurisdiction

The authority of a court to hear and review the decisions of lower courts.

Attorney General

The head of the U.S. Department of Justice and the chief law enforcement officer of the federal government.

Certiorari

A writ or order by which a higher court reviews the decision of a lower court.

Federalist No. 78

An essay by Alexander Hamilton arguing for the importance of an independent judiciary.

Judicial Review

The power of courts to review laws and actions by the executive and legislative branches to determine their constitutionality.

Marbury v. Madison (1803)

A landmark case that established the principle of judicial review in the U.S.

Original Jurisdiction

The authority of a court to hear a case for the first time rather than on appeal.

U.S. District Courts

The trial courts of the federal judiciary where most federal cases begin.

U.S. Circuit Courts of Appeals

Intermediate appellate courts that hear appeals from the U.S. District Courts.

U.S. Supreme Court

The highest court in the United States, with both original and appellate jurisdiction.

Dissenting Opinion

A written opinion by a judge who disagrees with the majority decision.

Binding Precedent

Legal decisions made by higher courts that lower courts are required to follow.

Persuasive Precedent

Precedent that is not binding but may be considered by judges for decision-making.

Precedent

Legal principles established in previous court decisions.

Roberts, John

The current Chief Justice of the U.S. Supreme Court.

Concurring Opinion

A written opinion by a judge who agrees with the majority but provides different reasons.

Liberal Constructionist

A judge who interprets the Constitution in a broad and flexible manner.

Majority Opinion

The official decision of the court that sets legal precedent.

Petition for Certiorari

A formal request for the U.S. Supreme Court to review a case.

Rule of Four

Principle requiring at least four justices to agree to hear a case.

Strict Constructionist

A judge who interprets the Constitution based on its original text and meaning.

Judicial Activism

A philosophy where judges make bold rulings that may create new laws.

Judicial Restraint

A philosophy where judges limit their power and avoid creating new laws.

Nuclear Option

A parliamentary procedure used to change Senate rules regarding judicial nominations.

Senatorial Courtesy

A tradition where the president consults with senators before judicial nominations.

Standing

The legal right to bring a lawsuit, needing to show direct injury from the challenged action.