Overview of the Judiciary Branch

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These flashcards cover essential terms related to the Judiciary Branch, including key concepts such as jurisdictions, landmark court cases, and legal philosophies.

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18 Terms

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Appellate Jurisdiction

The authority of a court to hear and review decisions made by lower courts.

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Limited Original Jurisdiction

The authority of a court to act as the first court to hear a case and find facts.

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Federalist No. 78

An argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties, serving as a check on the other two branches.

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Judicial Review

The authority of the Supreme Court to strike down laws or executive actions that conflict with the Constitution.

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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

A binding Supreme Court opinion that serves as precedent for future cases.

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Concurring Opinion

An opinion that agrees with the majority decision, providing different or additional reasoning.

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Dissenting Opinion

An opinion that disagrees with the majority and does not serve as precedent.

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Judicial Activism

A philosophy of constitutional interpretation that justices should use the power of judicial review to create bold new policies.

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Judicial Restraint

A philosophy of constitutional interpretation that justices should be cautious in overturning laws.

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Marbury v. Madison

A landmark Supreme Court case that established the principle of judicial review.

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Judiciary Act of 1789

Established the federal judiciary of the United States, including the Supreme Court, circuit courts, and district courts.

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Judiciary Act of 1801

Expanded federal jurisdiction and created additional circuit court judgeships to favor a strong national government.

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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, typically having original jurisdiction in federal cases.

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Federal Courts of Appeal

The middle level of the federal judiciary; these courts review and hear appeals from federal district courts.

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