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gov ch 6
| Question | Answer |
|---|---|
| Federalist 78 | support judicial review and an independent judiciary |
| Appellate jurisdiction | The authority of a higher court to review and revise the decisions of a lower court. creates uniform decision/ensures courts apply the law correctly |
| Original jurisdiction | The authority of a court to hear and decide a case for the first time, acting as the trial court. ensure fair/efficient outcomes |
| Concurring opinion | agrees with decision but for diff reasons |
| Federal courts of appeals | review decisions made by lower courts |
| Federal district courts | The lowest level of the federal judiciary, hears cases first |
| Judicial restraint | the philosophy that judges should limit their power and defer to elected branches. |
| Judicial activism | is the philosophy that judges should actively interpret the Constitution |
| Judicial review, where was it established | The power of the courts (specifically the Supreme Court) to determine the constitutionality of actions taken by the other two branches of government (established in Marbury v. Madison). |
| The executive branch checks the legislative branch by | vetoing bills, executive order and can adjourn congress in certain situations |
| The legislative branch checks the executive branch by | overriding vetoes, can impeach the president, can withhold funding for presidential initiatives, can reject treaties, can reject appointments |
| Executive branch checks the judicial branch by | appointing judges, grant pardons |
| Judicial branch check the executive branch by | declaring executive actions unconstitutional |
| Judicial branch checks legislative branch by | may declare laws unconstitutional |
| The Legislative branch checks the judicial branch by | proposing constitutional amendments to overrule judicial decisions, my impeach supreme court judges and can reject appointments to the supreme court. |
| precedent | a judicial decision that guides future courts in handling similar courts |
| federal judiciary | the branch of the federal government that interprets and applies the laws of the nation |
| supreme court | highest level of federal judiciary, was established in article 3 of the constitution and serves as highest court in the nation |
| judiciary act of 1789 | allowed Congress to make out the organisation of the court system (was found unconstitutional in marbury v madison) |
| writ of mandamus | an official order from a court to a lower government official directing them to fulfill their official duties. |
| levels of federal judiciary | 1. federal district courts 2. the federal courts of appeals 3. the supreme court |
| how are federal judges appointed | appointed by president, confirmed by senate, in an effort to make the independent from politics and from the other branches |
| in fed 78 why is judicial independence important | judges can protect the constitution without political pressure |