Judicial Branch Vocabulary

Appellate Jurisdiction

The authority of a court to hear a case appealed from a lower court and review the lower court’s decision.

Criminal Law

The system of law in which the government charges an individual with violating public order or safety.

Dissenting Opinion

.An opinion written by a judge who disagrees with the majority’s decision.

Federal Judiciary

.The branch of the federal government that interprets and applies the law through the federal court system.

Federalist No. 78

An essay by Alexander Hamilton arguing that the federal judiciary would be the least dangerous branch and that judicial independence would help protect rights and liberties..

Federal District Courts

.The lowest level of the federal court system. These courts usually have original jurisdiction, meaning they hear cases first.

Federal Courts of Appeals

.The middle level of the federal judicial system. These courts review decisions made by lower courts.

Judicial Review

.The power of the Supreme Court to determine whether laws or executive actions violate the Constitution.

Judicial Restraint

.A philosophy of constitutional interpretation in which judges are cautious about overturning laws and generally follow the Constitution and precedent.

Judicial Activism

.A philosophy of constitutional interpretation in which judges are more willing to use judicial review to overturn laws or establish broader interpretations of the Constitution.

Marbury v. Madison (1803)

The Supreme Court case that established the principle of judicial review, giving the Court the power to declare laws unconstitutional..

Majority Opinion

The official opinion of the Supreme Court that represents the views of more than half of the justices and establishes the Court’s decision.

Original Jurisdiction

.The authority of a court to hear a case for the first time and determine the facts.

Precedent

A previous judicial decision that guides how courts decide future cases..

Supreme court

.The highest court in the federal judiciary, established by Article III of the Constitution.

Stare Decisis

.The principle of following previous court decisions when deciding similar cases.

Concurring Opinion

.An opinion written by a judge who agrees with the majority’s decision but provides different or additional reasoning.