Unit 7 - The Judiciary

These flashcards cover key terms and concepts related to the judiciary as discussed in Unit 7 of the lecture notes.

Judicial Independence

The principle that the judiciary is independent from other branches of government and public opinion.

Article III

Section of the Constitution that establishes the judiciary, including the Supreme Court and judges' tenure.

Hamilton's View

Alexander Hamilton argued in Federalist 78 that the judicial branch is the safest because it does not control finances or military.

Lifetime Tenure

Judges serving for life, pending good behavior, to ensure independence of the judiciary.

Jurisdiction

The authority to hear a case; includes original and appellate jurisdiction.

Judicial Review

The power of the courts to determine the constitutionality of legislative and executive actions.

Marbury v. Madison

Landmark 1803 case that established the principle of judicial review.

Inferior Courts

All US federal courts below the Supreme Court, including district and appeals courts.

Judiciary Act of 1789

Established the federal court system and defined the jurisdiction of federal courts.

Supreme Court

The highest federal court in the United States, with 9 justices, it has both original and appellate jurisdiction.

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 in lower courts.

District Courts

The lowest level of federal courts, where most federal cases originate.

Courts of Appeals

Intermediate federal courts that review decisions from district courts; they do not have original jurisdiction.

Judicial Activism

Judicial philosophy where judges interpret the Constitution and laws in a way that may expand liberties and rights.

Judicial Restraint

Judicial philosophy where judges limit their own power by avoiding policy-making and adhering closely to statutes and precedents.

Stare Decisis

The doctrine of adhering to precedent in legal decision-making.

Judiciary's Limitations

The judiciary can be influenced by the executive branch and Congress, as well as limited by the appointment process.

Federalist No. 78

An essay by Alexander Hamilton that argued for an independent judiciary and the power of judicial review.

Impeachment

The process by which a federal judge can be removed from office for misconduct.

Senatorial Courtesy

A custom allowing Senators to influence the nomination of judges from their state.

Supremacy Clause

Establishes that the Constitution and federal laws take precedence over state laws.

The Rehnquist Court

A term referring to the Supreme Court under Chief Justice William Rehnquist, noted for its conservative rulings.