Vocabulary Terms

The design of the judicial branch protects the Supreme Court's independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice.

Appellate jurisdiction

The ability of a higher court to hear disagreement on a case brought from a lower court.

Appointment confirmation

When the Senate votes by a simple majority to approve a nominee of the president.

Article III

Creates the judicial branch and defines its jurisdiction.

Federalist 78

Discusses why judges should have tenure during good behavior, and supports the power of judicial review.

Judicial activism

Using the federal courts to make large policy changes

Judicial appointment

When the president names someone to sit as either a federal judge or a Supreme Court justice.

Judicial restraint

Following past precedent in the court system.

Judicial review

The power of the Supreme Court and other federal courts to rule that policies of the legislature or executive are unconstitutional.

Marbury v. Madison

Court case that established the power of judicial review.

Original jurisdiction

The ability of a court to rule on a case for the first time and be a trial court.

Precedent

The holding in a prior case that is followed by subsequent courts.

Stare decisis

Following past precedents