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Unit 4 History
| Term | Definition |
|---|---|
| Supreme Court (article III) | It establishes and defines the judicial branch |
| Inferior Court (article III) | Congress has the power to create, organize, or abolish lower fed courts |
| Original Jurisdiction (article III) | cases start directly in the Supreme Court |
| Appellate Jurisdiction (Article III) | the power to review and overturn decisions of lower courts |
| Judicial Powers (Article III) | it gives federal courts their authority |
| Marbury v. Madison | Jeffersons secretary Madison refused to deliver Marburys commission. Marbury sued. It esta. judicial review (declares laws or government actions unconstitutional) |
| Appellate v. Original Jurisdiction | A court has original Jurisdiction when it is heard for the first time. The court acts as a trial court. Appellate Jurisdiction higher court reviewing a lower courts decision |
| Originalism | Judges should interpret the constitution based on the meaning it had when it was written |
| Fed 78 | Judicial Independence, it is the weakest branch, courts declare laws unconstitutional, checks on congress |
| Judicial Review | examine laws or gov. actions and decide whether they are constitutional |
| District court | Trial courts, 1st level |
| Circuit Courts | 2nd level, review decisions from district courts |
| Supreme Courts | highest court, reviews decisions of lower courts |
| Stare Decisis | let the decision stand |
| Precedent | legal decision or ruling from an earlier case guides future cases |
| Checks on the Tenure | ways other branches limit or influence the courts to prevent abuse of power |
| Lifetime Tenure | a judge holds their position for life |
| Response to US v. Lopez | limited Congress's power under the Commerce Clause |
| Common Law | Law developed by judges through decisions and precedent |
| Brown v. Board | challenged racial segregation in public schools. Argued that segregation violated equal protection clause of the 14th amendment |
| Plessy v. Ferguson | 1/8 black man arrested for sitting in whites only railroad argued it violated the 14 amendment |
| Nomination of Amy Coney Barrett | Ruth died and President trump appointed her Senate confirmed |
| Nomination of Brett Kavanaugh | Anthony announced retirement and trump nominated him he had allegations of sexual misconduct he was later confirmed |
| Nomination of Neil Gorsuch and Merrick Garland | Scalia passed and Obama nominated Garland appointment expired. Gorsuch was nominated by Trump |
| Judicial Activism v. Judicial Restraint | 1st: judges interprets the Constitution and laws broadly. 2nd: judges limit their own power and defer to the decisions of legislatures and elected officials |
| Writ of Certiorari | order by the supreme court to a lower court to send up the record of a case for review |
Created by:
Martina S