Judiciary Branch Quizlet

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58 Terms

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Judicial Review

Supreme Court's power to examine and invalidate legislative and executive actions that conflict with the Constitution

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Original Jurisdiction

Power of a court to hear a case for the first time

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Appellate Jurisdiction

Power of a court to review and overturn decisions made by lower courts

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Judiciary Act of 1789

Established the basic structure of the federal court system, including Supreme Court, federal district courts, and circuit courts

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Rule of 4

Requirement that at least four Supreme Court justices must agree to hear a case

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Judicial Activism

Approach where judges actively interpret the Constitution and are more flexible in legal rulings

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Judicial Restraint

Approach where judges strictly interpret the Constitution and defer to other branches of government

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Stare Decisis

Legal principle of "to stand by things decided" - following established precedents

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Certiorari

Process of Supreme Court selecting which cases to hear

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Amicus Curiae

"Friend of the court" briefs submitted by interested parties not directly involved in a case

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Majority Opinion

Official ruling of the Supreme Court that represents the majority view

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Concurring Opinion

A court opinion that agrees with the final ruling but for different legal reasons

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Dissenting Opinion

A court opinion that disagrees with the majority's decision

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Behavioral Model

Judicial decision-making model suggesting personal experiences and backgrounds influence court decisions

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Attitudinal Model

Judicial decision-making model where political ideology and personal beliefs shape judicial decisions

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Strategic Model

Judicial decision-making model where judges consider political and institutional consequences of their decisions

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Types of Jurisdiction

Original, Appellate, Limited, Comprehensive

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Supreme Court Nomination Process

1) President nominates 2) Senate Judiciary Committee holds hearings 3) Senate votes to confirm

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Legislative Checks on Judiciary

Congress can create/eliminate courts, set number of justices, control court budgets, impeach federal judges

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Per Curiam Opinion

Unsigned opinion issued by the entire court

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Constitutional Law

Type of law that interprets and applies the U.S. Constitution

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Criminal Law

Type of law dealing with offenses against society or the state

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Civil Law

Type of law resolving disputes between individuals or organizations

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Judicial Review

Supreme Court's power to examine and invalidate legislative and executive actions that conflict with the Constitution

25
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Original Jurisdiction

Power of a court to hear a case for the first time

26
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Appellate Jurisdiction

Power of a court to review and overturn decisions made by lower courts

27
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Judiciary Act of 1789

Established the basic structure of the federal court system, including Supreme Court, federal district courts, and circuit courts

28
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Rule of 4

Requirement that at least four Supreme Court justices must agree to hear a case

29
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Judicial Activism

Approach where judges actively interpret the Constitution and are more flexible in legal rulings

30
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Judicial Restraint

Approach where judges strictly interpret the Constitution and defer to other branches of government

31
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Stare Decisis

Legal principle of "to stand by things decided" - following established precedents

32
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Certiorari

Process of Supreme Court selecting which cases to hear

33
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Amicus Curiae

"Friend of the court" briefs submitted by interested parties not directly involved in a case

34
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Majority Opinion

Official ruling of the Supreme Court that represents the majority view

35
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Concurring Opinion

A court opinion that agrees with the final ruling but for different legal reasons

36
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Dissenting Opinion

A court opinion that disagrees with the majority's decision

37
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Behavioral Model

Judicial decision-making model suggesting personal experiences and backgrounds influence court decisions

38
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Attitudinal Model

Judicial decision-making model where political ideology and personal beliefs shape judicial decisions

39
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Strategic Model

Judicial decision-making model where judges consider political and institutional consequences of their decisions

40
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Types of Jurisdiction

Original, Appellate, Limited, Comprehensive

41
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Supreme Court Nomination Process

1) President nominates 2) Senate Judiciary Committee holds hearings 3) Senate votes to confirm

42
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Legislative Checks on Judiciary

Congress can create/eliminate courts, set number of justices, control court budgets, impeach federal judges

43
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Per Curiam Opinion

Unsigned opinion issued by the entire court

44
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Constitutional Law

Type of law that interprets and applies the U.S. Constitution

45
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Criminal Law

Type of law dealing with offenses against society or the state

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Civil Law

Type of law resolving disputes between individuals or organizations

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"Least Dangerous Branch"

Hamilton's description of the judiciary, which lacks direct military or financial power

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Judicial Independence

The principle of protecting judges from political pressures through lifetime appointments

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Constitutional Supremacy

The concept that the Constitution is the supreme law of the land, and courts must uphold it over conflicting laws

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"Good Behavior" Tenure

Lifetime judicial appointments designed to protect judges from political influence

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Judicial Interpretation

The court's role in interpreting the meaning and application of laws and the Constitution

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Checks and Balances

The system preventing any single branch of government from becoming too powerful

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Judicial Reasoning

The process of making legal decisions based on constitutional principles and legal precedents

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Limited Judicial Power

The idea that courts can only interpret laws, not make or enforce them

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Judicial Judgment

The court's ability to make decisions based on legal reasoning rather than political will or force

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Hamilton's Judicial Philosophy

Belief that courts should protect the Constitution and prevent legislative overreach

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Constitutional Interpretation

The process of understanding and applying the principles of the Constitution to specific legal cases

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Impartiality of Judges

The principle that judges should make decisions based on law, not personal or political preferences