Unit 3: Judicial Branch and Federalism

Highest Federal court, consisting of nine life-appointed justices. Possesses final appellate jurisdiction and supervises the lower courts. Can judge exceutive action and legislative acts to be unconstitutional through the power of judicial review.

Courts except the supreme court with limited jurisdiction (authority over certain types of cases, such as family matters, bankruptcy, immigration, etc.) Decisions can be appealed to a higher court.

There are 94 judicial districts organized into 12 regional circuits, each of which has a court of appeals. They decide appeals from the district courts within their federal judicial circuits. Serve as intermediate appellate court between the trial courts and the court having the highest and final appellate authority, from which there is no further appeal of a judgment rendered by it..

Trial courts of the federal court system. There are 94 federal judicial districts, including at least one district in each state. District courts have original jurisdiction to try cases that fall within its limited jurisdiction, granted by the constitution or statute which created it. Only federal district courts can hear bankruptcy cases; state courts cannot.

Each of the fifty state court systems in the United States operates independently under the constitution and the laws of the particular state, with the purpose of enforcing state law through civil and criminal cases. State court systems have a similar structure to the federal court system (trial courts, appellate courts, supreme courts)

A judicial court of commissioned officers for the discipline of military personnel during wartime. Based on charges brought by military authorities, prosecuted by a military authority, judged by military officers, and sentenced by military officers against a member of an army. Decisions by this Court are subject to direct review by the Supreme Court.

Court with jurisdiction over child custody proceedings and that is either a Court of Indian Offenses, a court established and operated under the code of custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over child custody proceedings.

The authority of a court to provide the first hearing of a specific case. When involving parties from foreign countries, a conflict between a State and the United States, or two or more states, the Supreme Court has original jurisdiction and acts like a trial court. Since it is the highest court in the United States, the Supreme Court's decision in original jurisdiction cases is final.

The power of a court to review decisions and change outcomes of decisions of lower courts, once an appeal has been submitted by a party from a lower court. Appellate review can be an entirely new hearing, a hearing where the appellate court gives deference to factual findings of the lower court, or review of particular legal rulings made by the lower court.

An order of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision. Most commonly used to appeal to the Supreme Court: one can apply for a writ of certiorari, which is granted only when at least four justices believe that the case involves a significant federal question in the public interest. By denying such a writ the Supreme Court says it will let the lower court decision stand.

The doctrine under which courts adhere to precedent on questions of law in order. Courts seek to follow precedent whenever possible, seeking to maintain stability and continuity in the law; it is often a mark of judicial restraint. When precedent does get overturned, the ruling usually signifies a new way of looking at an important legal issue.

Review by the US Supreme Court of the constitutional validity of a legislative act. A specific court with judicial review power may also annul the acts of the state when it finds them incompatible with a higher authority.

Jeffersonian republicans favored strict construction of the Constitution, an agricultural economy, and strong state governments. The Federalists believed in a loose interpretation of the Constitution, strong central government, a national banking system, and good relations and trade with England.

Part of the Bill of Rights, ratified in 1791. Establishes federalism by stating powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people. The goal was to prevent a too-powerful government like Great Britain.

Establishes the principle of judicial review under Article III by confirming the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional. The Judiciary Act of 1789 gave the Supreme Court jurisdiction, but the Marshall court ruled it to be an unconstitutional extension of judiciary power; their first responsibility was to uphold the Constitution.