Judicial Branch and Legal Principles

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Article III of the Constitution

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Establishes the judicial branch of the federal government.

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Marbury v. Madison (1803)

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The case that established the principle of judicial review in the United States.

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Stare decisis

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The legal principle of determining points in litigation according to precedent.

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Concurring opinion

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An opinion that agrees with the court's decision but offers further comment.

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Writ of certiorari

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An order by a higher court to review the decision of a lower court.

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Judicial review

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The power of courts to declare laws unconstitutional.

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Original jurisdiction

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The authority of a court to hear a case first, before any other court.

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Amicus curiae

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A "friend of the court" brief, offering information or expertise.

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Judicial activism

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Judges making decisions based on personal views or considerations.

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Judicial restraint

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Judges limiting their own power, deferring to the decisions of the legislative branch.