Judiciary Branch Vocab

Federal Judiciary

the branch of the federal government that interprets 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 includes the finding of facts in the case

Appellate Jurisdiction

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

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

Marbury v. Madison

a Supreme Court decision that established judicial review over federal law

Judicial Review

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

Criminal Law

a category of law covering actions determined to harm to 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 practice of letting a previous legal decision stand

Majority Opinion

binding Supreme Court opinions, which serves 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.