Unit 2- Federal Judiciary

Federal Judiciary

The branch of government that interprets laws and ensures they are applied fairly. It includes all federal courts, with the Supreme Court at the top.

Supreme Court

The highest federal court in the U.S., with the final say on constitutional matters. It hears cases involving major federal issues and sets national legal precedent.

Original Jurisdiction

The authority of a court to hear a case first, before any other court. The Supreme Court has original jurisdiction in limited cases like disputes between states.

Appellate Jurisdiction

The authority of a court to review and potentially overturn decisions made by lower courts. Most of the Supreme Court’s cases come from appellate jurisdiction.

Federalist 78

A paper by Alexander Hamilton arguing for an independent judiciary and life terms for judges. It explains the concept of judicial review and why the courts are the “least dangerous” branch.

Marbury v. Madison

A landmark 1803 case that established the principle of judicial review. It gave the Supreme Court the power to declare laws unconstitutional.

Judicial Review

The power of the courts to decide whether a law or government action violates the Constitution. It was established by Marbury v. Madison.

Criminal Law

Laws dealing with crimes and punishment for actions considered harmful to society. Government prosecutes the accused, and punishment can include jail or fines.

Civil Law

Laws dealing with disputes between individuals or groups over rights, property, or contracts. Usually involves lawsuits and compensation, not jail time.

Precedent

A legal decision or principle from an earlier case that guides future cases with similar issues. Courts generally follow precedent for consistency and fairness.

Stare Decisis

Latin for “let the decision stand,” meaning courts follow established precedent. It promotes stability and predictability in the legal system.

Majority Opinion

The official decision of the Supreme Court, agreed to by more than half the justices. It explains the reasoning behind the Court’s ruling.

Concurring Opinion

A separate opinion written by a justice who agrees with the majority outcome but for different legal reasons. It does not carry the weight of precedent but explains alternate reasoning.

Dissenting Opinion

An opinion written by one or more justices who disagree with the majority. It outlines their reasoning and can influence future legal thinking or cases.

Judicial Restraint

the idea that judges should be cautious about overturning laws or making bold rulings, especially when the law was passed by elected officials.

Judicial Activism

The belief that courts should actively interpret the Constitution to address current issues. Judges using activism may strike down laws or create new legal standards.