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Judicial Branch 3.9
Vocabulary from Florida Benchmark SS.7.CG.3.9
| Question | Answer |
|---|---|
| Judicial branch | the system of federal courts and judges that interprets laws, applies them to individual cases, and decides if laws violate the Constitution |
| Article III | established the Judicial Branch, creating Supreme Court and empowering Congress to create lower federal courts, defining their jurisdiction over federal laws, and ensuring judicial independence through life tenure for judges to interpret laws impartially. |
| US Supreme Court (SCOTUS) | highest court in the nation and head of the federal judiciary. It consists of nine justices who serve life terms, deciding on cases that interpret the Constitution and federal law. Its rulings are final, binding all other U.S. courts |
| Federal Judiciary Act of 1789 | law passed by the first Congress that established the 3-tier federal court system (Supreme, district, and circuit). Organized the judiciary, with lower courts, setting Supreme Court size to six justices, and established the Attorney General's office. |
| Independent judiciary | a court system that makes decisions based solely on law and facts, free from influence by the executive/legislature branch or private interests. It ensures fair, impartial justice and protects judges from being punished for unpopular rulings. |
| Judge | an official authorized to preside over a court, hear cases, and make binding legal decisions based on evidence and law. They ensure fair proceedings, interpret the law, and determine the outcome of legal disputes or trials. |
| Court Order | a direction issued by a court or a judge requiring a person to do or not do something. |
| Case precedent | a prior court decision serving as a guide or for judges to follow in future cases with similar facts and legal issues; ensures consistency and fairness, based on the common law principle of stare decisis ("to stand by things decided") |
| Judicial review | the power of courts to examine actions by all branches of government to determine if they are constitutional or lawful. If a law or action conflicts with the Constitution or established law, the judiciary can declare it null and void |
| Trial process | a formal, structured proceeding where evidence/witnesses are presented to a judge/jury to resolve a legal dispute, such as determining guilt in a criminal case or liability in a civil case. It is the focused on evaluating facts to reach a verdict |
| Appellate process (appeals) | the legal procedure where a higher court reviews a trial court's decision. The losing side of a case believes the lower court made significant legal errors and asks a higher court to determine if those errors warrant reversing or changing the outcome. |
| Summary judgement | a court ruling that resolves a lawsuit in favor of one party without a trial. The judge determines there is no "genuine dispute" over key facts and that one side is entitled to win as a matter of law based on evidence like documents or affidavits |
| Writ of certiorari | a formal request for a higher court (usually Supreme Court) to review a decision made by a lower court. It orders the lower court to deliver its case records for review. The Supreme Court grants this to address significant legal questions. |
| Federal courts | Three different levels - US District Courts tries cases, US Circuit Courts hears initial appeals, US Supreme Court has the final decision if/when appeals make it to them |
| State courts | Each state has their own system; in Florida, county courts handle low level offenses, state circuit courts hear more serious crimes, state district courts are the first level of appeals, and the Florida Supreme Court has final say |
Created by:
CivicsDAOF