Unit 2: The Judicial Branch and Federal Courts

Judicial Branch

The branch of government responsible for interpreting laws and ensuring actions remain within the Constitution.

Article III

The section of the Constitution that establishes the judicial branch, including the Supreme Court.

Supreme Court

The highest court in the U.S., mentioned specifically in the Constitution.

Inferior Courts

Lower federal courts created by Congress under Article III of the Constitution.

Tenure

The length of time federal judges serve, typically for life under 'good behavior'.

Jurisdiction

The authority of a court to hear particular types of cases; defined for federal courts in Article III.

Federalist No. 78

An essay by Alexander Hamilton outlining the role and importance of the judiciary.

The Least Dangerous Branch

Hamilton's description of the judiciary, emphasizing its lack of enforcement power.

Judicial Review

The ability of the courts to declare acts of Congress and the President unconstitutional.

Life Tenure

The practice that allows federal judges to serve for life, ensuring judicial independence.

U.S. District Courts

The trial courts in the federal system, with original jurisdiction over most cases.

U.S. Courts of Appeals

The intermediate appellate courts in the federal system; do not hold trials.

The U.S. Supreme Court

The court of last resort; has mostly appellate jurisdiction but some original jurisdiction.

Marbury v. Madison

The landmark case that established the principle of judicial review in the United States.

Writ of Mandamus

A court order directing a party to perform a specific act; central to Marbury v. Madison.

Rule of Four

The principle that at least four justices must agree to hear a case in the Supreme Court.

Writ of Certiorari

The order issued by the Supreme Court to review a lower court's records.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Majority Opinion

The official statement of the court, representing the majority's legal reasoning.

Concurring Opinion

A separate opinion written by a justice who agrees with the majority but for different reasons.

Dissenting Opinion

An opinion written by justices who disagree with the majority's decision.

Judicial Restraint

The philosophy that judges should defer to the elected branches unless laws are clearly unconstitutional.

Judicial Activism

The belief that judges should use their power to create social change and protect minority rights.

Checks on the Judicial Branch

Mechanisms such as appointments, confirmations, and impeachments that provide oversight of the judiciary.

Confirmation

The Senate's approval process for federal judicial nominees.

Jurisdiction Stripping

Congress's ability to limit the types of cases the Supreme Court can hear.

Certiorari vs. Habeas Corpus

Certiorari brings a case to the Supreme Court; habeas corpus requires a prisoner to be brought before a judge.