Judicial Branch

Federalism

the distribution of power in an organization (such as a government) between a central authority and the constituent

Judicial Review

a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional

Judicial Activism

the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law .

Judicial Restraint

a refraining in the judiciary from departure from precedent and the formulation of broad doctrine

Unconstitutional

not according or consistent with the constitution of a body politic

Dissenting opinion

refers to an opinion written by an appellate judge or Supreme Court Justice who disagrees with the majority opinion in a given case

Majority Opinion

a judicial opinion agreed to by more than half of the members of a court

Supreme Court

the highest judicial tribunal in a political unit

Circuit Court

a court that sits at two or more places within one judicial district

District Court

a trial court that has jurisdiction over certain cases within a specific judicial district

Jurisdiction

the power, right, or authority to interpret and apply the law

Legal Precedent

Legal Principles created by a court that lower court judges must follow when deciding similar cases

Original Jurisdiction

The court can hear a case for the first time

Appellate Jurisdiction

The court can only hear appeals from lower courts

Judiciary Act if 1789

established the structure and jurisdiction of lower federal courts

How many judges are there in the Supreme Court?

Nine

Serving on “Good Behavior”

Justices may serve for life unless they are impeached and convicted, or they resign, or retire

Marbury v Madison

Established Judicial Review

Reversing the Precedent

changing a previous ruling

Establishment Clause

Government cannot create a national religion

Free exercise clause

Practice whatever religion you want, however you want

What article in the constitution covers the Judicial Branch

Article III

What is the lowest level of courts?

Trial Courts (District Courts)

What is the second level of courts?

Court of Appeals/Appellate Courts

What is the highest level of court?

The Supreme Court

Exclusive Subject Matter Jurisdiction of the Federal Courts includes cases involving:

• the military

• immigration

• bankruptcy

• copyright

• admiralty

The federal court system has federal question jurisdiction, which give authority to cases involving

federal law or the constitution

What is diversity jurisdiction?

giving the federal court (instead of the parties’ state courts) the authority to hear these cases ensures that both parties get a fair trial

What was the only court the constitution made

The Supreme Court