UNIT 6: JUDICIARY BRANCH

Federal Judiciary

Branch of the federal government whose role is to interpret and apply the laws of the nation.

Supreme Court (SCOTUS)

The highest court in the United States.

Life Tenure

Judges at the federal level serve for life, barring impeachment.

Federalist No. 78

Essay by Alexander Hamilton stating that the judiciary is 'least dangerous to the political rights of the Constitution'.

Judicial Independence

The principle that the judiciary should be independent from other branches of government and free from money and politics.

Political Insulation

Judicial appointments that protect justices from being influenced by elections.

Ketanji Jackson

Supreme Court nominee in 2022 to replace Justice Kennedy.

Article III

Part of the Constitution that establishes the Federal Judiciary.

Original Jurisdiction

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

Appellate Jurisdiction

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

Judiciary Act of 1789

Legislation passed by Congress that created the federal judiciary.

Judicial Review

The power of the courts to strike down laws or government actions that conflict with the Constitution.

Criminal Law

A category of law covering actions determined to harm the community.

Civil Law

A category of law involving private rights and relationships between individuals and groups.

State Courts

Courts that handle the majority of cases in the U.S., including both criminal and civil cases.

Federal District Courts

Trial courts in the federal system; they handle most federal cases.

Federal Courts of Appeals

Intermediate appellate courts in the federal system.

SCOTUS

Acronym for the Supreme Court of the United States.

Writ of Certiorari

An order by the Supreme Court to review a lower court's decision.

Rule of Four

The principle that four justices must agree to hear a case on appeal.

Majority Opinion

The opinion of the court that represents the majority decision.

Concurring Opinion

An opinion that agrees with the majority decision but offers different reasoning.

Dissenting Opinion

An opinion that disagrees with the majority opinion.

Judicial Restraint

A philosophy where justices are cautious in overturning laws and defer to the legislative and executive branches.

Judicial Activism

A philosophy where justices actively use their power to create new policies through judicial review.

Checks on the Supreme Court

Measures including presidential nominations, Senate confirmations, and congressional actions that limit judicial power.

Supreme Court & Controversial Issues

The Supreme Court addresses controversial issues without fear of political pressure and focuses on the law.

Judicial Philosophy

The underlying principles that guide a judge's interpretation of the law.

Appointment to the Federal Judiciary

Judges nominated by the President and confirmed by the Senate.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Elected State Judges

State judges who are chosen through elections, potentially influencing their impartiality.

Alexander Hamilton

Author of Federalist No. 78, promoting the independence of the judiciary.

Political Influence on the Judiciary

The effect that political beliefs and policies can have on judicial decisions.