AP Gov Ch. 6 - 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 v. 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.

Defendent

The person in court who is charged with crime or wrong-doing.

Plaintiff

The person in court who is charging another of a crime or wrong-doing.

Gideon v. Wainwright (1963)

This Supreme Court case guarantees a lawyer for anyone who cannot afford one.

Dual Court System

This means that certain cases are sent to federal courts while others go to state courts.

Constitutional courts

Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, and specialized courts such as the U.S. Court of International Trade.

Legislative courts

Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.

Diversity cases

Cases involving citizens from two different states.

Rule of 4

At least 4 justices must want to hear about a case for it to be brought to the Supreme Court.

Supreme Court

This court is the only one with appellate jurisdiction and original jurisdiction (original jurisdiction on certain cases).

Writ of Certeriorari

This is a formal invitation for a case to be heard in the Supreme Court. It means "made more certain."

Docket

This is the schedule or list of cases to be heard in the Supreme Court.

Solicitor General

This person represents the U.S. in the Supreme Court and works for the Department of Justice.

Amicus Curiae

This means "friends of the court" and is a brief submitted by interest groups to the court.

Conference

This is an informal meeting where justices discuss cases and Constitutional interpretation.

Judicial Implementation

The translation of court decisions into actual policy that affects the behavior of others.

Judiciary Committee

The most important committee in the Senate - they interview judicial nominees, hold hearings, and offer recommendations before the nominee is introduced to the entire Senate.

Senatorial Courtesy

Established by George Washington - approve a federal judge with the state's senior senator or approve court of appeals judge with senior senator from the judge's home state.

Litmus Test

Using a key issue as a way for a president to test the views of a Supreme Court nomination.

Brief

A written document by a lawyer that summarizes the case, legal arguments, and earlier precedents given to justices to review.

Adversarial System

A neutral arena in which two parties present opposing points of view before an impartial judge.

Justiciable dispute

A case based on actual situations - not hypothetical ones, must be settled by legal methods.

Political Questions

Issues that courts have decided that Congress and the president should settle without courts because it is not a legal matter.

Write of Habeas Corpus

The right of people detained by the government to know the charges against them.