Judiciary opn quiz

Federalist Number 78

Hamilton argues that the judiciary is the least dangerous branch because it has no influence over the budget or the military. Its power comes from judgment. He says judges need lifetime appointments so they can remain independent.

Original Jurisdiction

This is when a court has the authority to hear a case for the first time.

Appellate Jurisdiction

This is when a court reviews a decision made by a lower court.

Judiciary Act of 1789

This law created the basic structure of the federal court system.

Judicial Review

This is the power of the Supreme Court to declare laws or actions of the government unconstitutional.

Court System Structure

The United States has a dual court system which includes state courts and federal courts.

Trial Courts

These are the courts where cases start. They focus on facts, witnesses, and evidence.

Appellate Courts

These courts review the decisions of trial courts. They do not hear new evidence.

Legislative Courts

These are specialized courts created by Congress for specific purposes, such as tax or military courts.

Constitutional Courts

These are courts created under Article III of the Constitution.

Precedent

A precedent is a past court decision that serves as a guide for future cases.

Stare Decisis

This Latin term means 'let the decision stand.' Courts follow previous rulings unless there is a strong reason to overturn them.

Federal Judicial Appointments

The president nominates federal judges. The Senate confirms them.

Writ of Certiorari

This is a formal request asking the Supreme Court to hear a case.

Rule of Four

At least four Supreme Court justices must agree to hear a case before the Court grants a writ of certiorari.

Judicial Decision Making

Judges consider the Constitution, statutes, precedent, legal arguments, and sometimes broader social impacts.

Judicial Restraint

A judge who believes the Court should not make bold policy decisions.

Judicial Activism

A judge who believes the Court should play an active role in shaping policy.

Strict Constructionist

A strict constructionist interprets the Constitution as literally and narrowly as possible.

Solicitor General

a top lawyer in the Department of Justice who represents the federal government before the Supreme Court.

Majority Opinion

The official ruling of the Court. It explains the legal reasoning of the majority of justices.

Concurring Opinion

A justice agrees with the majority outcome but for different reasons.

Dissenting Opinion

A justice disagrees with the majority. A dissent explains why.

Per Curiam Opinion

An unsigned decision by the Court. It is usually short and does not list individual justices.