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Unit 6

The Judicial Branch

QuestionAnswer
Original Jurisdiction The power of a court to hear and rule on a case first.
Appellate Jurisdiction The power of a court to review or change a decision made by a lower court.
Exclusive Jurisdiction When a certain court has the sole power to hear a case.
Concurrent Jurisdiction When both federal courts and state courts have the power to hear a case.
Judicial Review The power of the Supreme court to strike down a law that they ruled unconstitutional.
Majority Opinion A statement explaining the reasoning behind a Supreme Court decision by the justices who agree with the ruling.
Concurring Opinion A statement by a justice that agrees with a Supreme Court decision but differs on the reasoning.
Dissenting Opinion A statement that presents the views of the justices who disagree with a Supreme Court decision.
Precedent Going off of similar case or ruling that has been decided in the past.
Writ of Certiorari An order to send a lower court case for review by the Supreme Court.
Jurisdiction The official power of a court to hear a legal case and make legal decisions and judgments on that case.
Justice A judge of the Supreme Court.
Chief Justice Presides over the Supreme Court's selection of cases and public court sessions.
Article III Part of the Constitution that established the Judicial Branch and created the Supreme Court.
Congress Given the power by the Constitution to create lower federal courts.
District Courts 94 lower courts with original jurisdiction over federal cases.
Courts of Appeals 13 circuit courts with appellate jurisdiction over federal cases.
State Courts Courts with general jurisdiction over most cases - Traffic violations, criminal offenses, and family disputes.
Supreme Court Highest federal court with general jurisdiction over federal and state cases.
President Nominates judges and justices of the Judicial Branch.
Senate Votes to confirm judges and justices of the Judicial Branch.
John Marshall Chief Justice of the Supreme Court who established the power of judicial review in the 1803 case Marbury v. Madison.
4 The number of Supreme Court justices who must agree to hear a case.
Majority The number of Supreme Court justices needed to make a ruling in a case.
Judicial Activism When a justice rules based on their beliefs and opinions.
Judicial Restraint When a justice rules based on laws and precedents.
Civil Law Addresses legal disputes between two or more parties usually with payments or orders not to do something.
Tort An act or omission that gives rise to injury or harm to another.
Criminal Law Addresses violations of law and their legal punishment usually with fines or jail time.
Misdemeanor A less serious crime where punishment is usually a fine or jail time under 1 year.
Felony A serious crime where punishment is usually a large fine, more jail time, or death.
Booking Process A criminal suspect takes a mugshot, gets fingerprints taken, and loses their personal clothing and belongings.
Arrest A criminal suspect is taken into police custody and taken to jail.
Arraignment A magistrate judge informs the accused of the criminal charges against them.
Preliminary Hearing A judge examines the evidence gathered by the prosecution to determine if a trial will be held.
Jurors A group of citizens chosen from a list of registered voters who hear evidence and make a decision in a trial.
Trial The prosecution tries to prove that the defendant is guilty of a crime.
Verdict The usually the unanimous decision by a jury.
Hung Jury A jury that cannot agree on a verdict.
Mistrial An unsuccessful trial because the jury can't reach a decision.
Sentence The punishment given by a judge to someone found guilty of a crime.
Prosecution The party conducting the legal proceedings against a person accused of a crime in a trial.
Defendant The party being sued or charged with a crime.
Plaintiff A person who brings a lawsuit against another in a court.
Created by: MHSGovernment
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