ap gov unit 2 vocab- chapter 6

terms from student guide to success- bolded terms have a star. definitions from amsco (ch. 6- the federal judiciary)

original jurisdiction***

authority to hear a case of the first time- Supreme court has this in cases affecting ambassadors, public ministers, and those where a state is a party

appellate jurisdiction***

power of a court to review decisions made by a lower court

fed 78***

Hamilton argues for an independent judicial branch with the power of judicial review to examine acts of legislatures to see if they align with the proposed Constitution

federal (us) district courts***

trial courts created by Congress. hears federal criminal and civil matters

federal (us) courts of appeals/circuit***

Created by Congress, takes appeals from district courts (second on hierachy- district below and Supreme above). 11 regional courts

certiorari

losing party from a fact-based trial can appeal based on this concept, Latin for “to make more certain”

supreme court***

has original jurisdiction in unique cases, takes appeals from circuits and top state courts, nine justices, created by Constitution’s Article III, has ultimate authority in resolving legal disputes and ensuring justice

federal judiciary

branch of gov responsible for interpreting and applying federal laws, system of courts (including Supreme court), operates independently from the executive and legislative branches

marbury v. madison (1803)***

established principal of judicial review, allowing judiciary to check power of Congress and pres

judicial review***

power of courts to declare laws or actions by other gov branches unconstitutional

precedent***

ruling that firmly establishes a legal principle

stare decisis***

“let the decision stand”, governs common law- courts should follow rulings made in previous similar cases when making decisions on new cases

rule of 4

four of nine justices agree to accept case- appeal is granted.

majority opinion***

reflecting Court’s ruling- sums of case, decision, and its rationale

concurring opinion***

written by those who agree with the majority and join that vote but have reservations abt the majority’s legal reasoning

dissenting opinion***

written by those who vote against the majority

judicial restraint***

when judges hesitate to inject their own preferences into legal rulings unless a law is clearly unconstitutional

judicial activism**

when judges take an active role in making/interpreting laws

criminal law

body of law that defines actions considered crimes against the public order- punishable offenses against society

civil law

governs disputes between individuals or private parties- issues like contracts, property, personal injury, and family matters