The Federal Judiciary

Federal Judiciary

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 the highest court in the nation.

Original Jurisdiction

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 vs. Madison (1803)

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 the 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 District Courts

The lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level. 

Federal Courts of Appeals

The middle level of the federal judiciary; these courts review and hear appeals from the federal district 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 decision, offering different or additional reasoning, that does not serve as precedent.

Dissenting Opinion

An opinion that disagrees with the majority opinion and does not serve as 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 bold new policies 

Brown v. Board of Education (1954)

U.S. state laws establishing racial segregation in public schools violate the Equal Protection Clause of the Fourteenth Amendment

Engel v. Vitale (1962)

It is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment

Wisconsin v. Jonas Yoder (1972)

Amish parents' fundamental right to free exercise of religion outweighed the state's interest in educating their children

Tinker v. Des Moines Independent Community School District (1969)

Recognized the First Amendment rights of students in U.S. public schools

Texas v. Johnson (1989)

Burning the flag of the United States was protected speech under the First Amendment to the U.S. Constitution

Obergefell v. Hodges (2015)

The fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution

Mapp v. Ohio (1961)

The exclusionary rule, which prevents a prosecutor from using evidence that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies to states as well as the federal government

Plessy v. Ferguson (1896)

Racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality

Miranda v. Arizona (1966)

Law enforcement in the United States must warn a person of their constitutional rights before interrogating them

Dobbs v. Jackson Women's Health Organization (2022)

The United States Constitution does not confer a right to abortion

Gitlow v. New York (1925)

Extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states