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federal judiciary
the branch of the federal government that interprets teh laws of the nation
supreme court
the highest level of 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 hear a case first, 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
essay by A. Ham 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
the supreme court decision that established judicial review over federal laws
judicial review
the authority of the supreme court to strike down a law or an executive action if it conflicts with teh constitution
federal district courts
the lowest level of the federal judiciary; the courts usually hae original jurisdiction in cases that start at teh 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
a binding supreme court opinion, which serves as precedent for future cases
concurring opinion
an opinion that agrees with the majority decision but offers 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 and should adhere to the constitution and previous precedent
judicial activism
a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold. new policies