chapter 6
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judicial branch
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18 Terms
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federal judiciary
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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appellate 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)
A Supreme Court 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 courts 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.
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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.