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federal judicary
the branch of the federal government that interprets the laws of the nation
Supreme Court
the highest level of the federal judiciary, which was established in Article III of the constitution and serves as highest court in the nation
original jurdisction
the authority of a court to act as the first court to hear a case, which includes the finding of facts in the case
appellate jurisdiction
the authority of a court to hear and review decisions made by lower courts in that system
Federalist No.78
argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches
Marbury v. Madison
a Supreme Court decision that established judicial review over federal laws
judicial review
the authority of the Supreme Court to strike down a law or executive action if it conflicts with Constitution
criminal law
a category of law covering actions determined to harm the community
civil law
a category of law covering cases involving private rights and relationships between individuals and groups
federal judicial courts
the lower level of the federal judiciary; these courts usually have original jurisdiction in cases that start as the federal level
federal court of appeals
the middle level of the federal judiciary; these courts review and hear appeals from the federal courts
precedent
a judicial decision that guides future courts in handling similar cases
stare decisis
the practice of letting a previous legal decision stand
majority opinion
binding Supreme Court opinions, which serve as precedent for future cases
concurring opinion
an opinion that agrees with the majority opinion and does not serve as a precedent
judicial restraint
a philosophy of constitutional interpretation that justices should be cautious in overturning laws
judicial activism
a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating new bold policies
dissenting opinion
an opinion that disagrees with majority opinion and does not serve as precedent