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gov ch 6
| Question | Answer |
|---|---|
| Federalist 78 | An essay by Alexander Hamilton arguing for the importance of an independent judiciary with life terms to exercise judicial review and protect the Constitution. unlikely to infringe upon rights and liberties, would serve as a check on other branches. |
| Entitlement v. welfare program | E- provides benefits for those who qualify under the law regardless of income (e.g., Social Security, Medicare). W- type of entitlement that provides financial assistance and support (SNAP) only to individuals and families who demonstrate financial need |
| 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 | A separate judicial opinion written by one or more judges who agree with the majority's decision but disagree with the legal reasoning or rationale used to reach that conclusion. |
| Federal courts of appeals | Intermediate appellate courts in the federal judicial system that review decisions made by the federal district courts and certain federal administrative agencies. |
| Federal district courts | The lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal judiciary |
| 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 to reflect contemporary values and address social injustices. (shape how judges interpret the constitution) |
| Judicial review | 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). ((shape how judges interpret the constitution) |
| 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. |
| criminal law v civil law | Criminal law: A category of law covering actions determined to harm the community Civil law: A category of law covering cases involving private rights and relationships between individuals + groups |
| precedent | a judicial decision that guides future courts in handling similar courts |
| stare decisis | Letting a previous decision stand |
| judicial discretion | Judges make decisions based off of their opinion rather than strictly based off of law |
| 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 |
| article 3 of constitution | establishes supremacy of supreme court over matter involving the constitution and federal law |
| judiciary act of 1789 | allowed Congress to make out the organisation of the court system (was found unconstitutional in marbury v madison) |
| majority opinion | binding supreme court opinions which serve as precedent for future cases |
| dissenting opinion | an opinion that disagreed with the majority opinion and does not serve as a precedent |
| writ of mandamus | an official order from a court to a lower government official directing them to fulfill their official duties. |
| judiciary act of 1801 | made new courts and many more justices and judges |
| 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 does Hamilton consider the independence of the judiciary to be a vital component of constitutional government | to guard the constitution and rights of people allows judges to make decisions based on constitution not pressure from other people or branches. |
Created by:
Lilyhowes