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Original Judisdiction
court has the power to hear a case from the beginning, not just review decisions made by lower courts
what is original jurisdiction commonly referred to as?
trial courts
Appellate Jurisdiction
a court's authority to review decisions made by lower courts
Brutus No. 11
federal courts shouldn't handle cases involving states or citizens because it could make the federal government too strong and harm states' rights.
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
senatorial courtesy
senators from a particular state have a big say in choosing federal government officials from their state
what did Hamilton argue in federalist no. 78?
an independent judiciary, with the power of judicial review, is crucial for upholding the Constitution and protecting individual rights
12th amendment
changed the presidential election rules by separating the votes for president and vice president
judiciary act of 1801
as a law that expanded the number of positions for federal judges
Marbury v. Madison
A Supreme Court decision that established judicial review over federal laws
judicial review
The power of the court to overturn executive, legislative, or state actions that violate the constitution.
Dred Scott v. Sanford
The Supreme Court ruled that African Americans, whether free or enslaved, couldn't sue in federal court because they were not considered “citizens”
criminal law
the body of laws that regulate crimes and offenses against society
fifth amendment
protects individuals from being forced to incriminate themselves
sixth amendment
gives people accused of crimes the right to a fair trial, a lawyer, and to question witnesses
civil law
the system of laws that deal with disputes between individuals, organizations, or entities
plaintiff
the person or party who initiates a lawsuit in civil court
defendant
the person or party that is accused of committing a crime in criminal court
Federal District Court
a basic court where federal cases are first heard
Federal court of appeals
reviews and hears 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
the final decision of a court when most of the judges agree on the result
concurring opinion
a judge agrees with the court's decision but has different reasons for doing so
dissenting opinion
an opinion that disagrees with the majority opinion
Judicial Restraint
the belief that judges should interpret the Constitution word for word
Judicial Activism
theory that judges can sometimes go beyond what the Constitution explicitly says to address current issues
Note
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