Federal judiciary vocab

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18 Terms

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Federal Judiary

the branch of the federal government that interprets the laws of the nation.

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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.

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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.

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Apallete Jurisdiction

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

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Federalist no. 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.

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Marbury v. Madison (1803)

decision that established judicial review over federal laws.

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Judicial review

the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution.

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Criminal law

a category of law covering actions determined to harm the community.

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Civil law

a category of law covering cases involving private rights and relationships between individuals and groups.

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Federal district courts

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

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Federal (circuit) court of appeals

the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.

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Precedent

a judicial decision that guides future courts in handling similar cases.

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stare decisis

the practice of letting a previous legal decision stand "Let the decision stand".

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Majority opinion

binding Supreme Court opinions, which serve as precedent for future cases.

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Concurring opinion

an opinion that agrees with the majority decision, offering different or additional reasoning, that does not serve as precedent.

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Dissenting opinion

an opinion that disagrees with the majority opinion and does not serve as precedent.

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judicial restraint

a philosophy of constitutional interpretation that justices should be cautious in overturning laws.

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Judicial activism

a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.