Unit D Flashcards
(56 cards)
What is the highest court in the federal judiciary?
Supreme Court
What type of jurisdiction allows a court to hear a case for the first time?
original jurisdiction
What type of jurisdiction allows a court to review decisions made by lower courts?
appellate jurisdiction
Which document discusses the role of the judiciary and the concept of judicial review?
Federalist No. 78 (Should be independent from the rest of the gov’t; weakest because they don’t have the purse and the sword (military and money), check on the legislature and protector of the people
What landmark case established the principle of judicial review in 1803?
Marbury v. Madison
What is the power of the courts to invalidate laws that are contrary to the Constitution?
judicial review
What type of law deals with crimes and their punishments?
criminal law
What type of law involves disputes between individuals or organizations?
civil law
What are the trial courts of the federal judiciary called?
federal district courts
What courts hear appeals from the federal district courts?
federal courts of appeals
What is the legal principle that requires courts to follow precedents?
stare decisis
What term refers to the opinion of the majority in a court case?
majority opinion
What is the term for an opinion that agrees with the majority but for different reasons?
concurring opinion
What is the opinion of a judge who disagrees with the majority called?
dissenting opinion
What judicial philosophy emphasizes restraint and deferring to the elected branches?
judicial restraint
What judicial philosophy advocates for a more active role of the judiciary in policy-making?
judicial activism (believes that the
What is the system in which both federal and state courts exist?
dual court system
What phrase implies that federal judges serve for life unless removed for misconduct?
during good behavior
What are laws enacted by the legislative branch called?
statutes
What type of law is developed through court decisions and precedents?
common law
What are the parties involved in a legal dispute called?
litigants
What term refers to the process of taking legal action?
litigation
What is the legal right to bring a lawsuit called?
standing to sue
What is the order issued by a higher court to review a case called?
writ of certiorari