Key Terms
Year
1801 Parties: William Marbury (Federalist judge) v. Secretary of
State James Madison Chief Justice
John Marshall (also a Federalist)
Definition
The authority of a court to hear a particular type of case.
Example
A New Jersey resident suing a New York resident over a contract dispute can file in federal court. If both were New York
Judicial Review
The power of any federal court to hold any act of the president or Congress unconstitutional. Established by Marbury v.
Pardon
An executive order vacating a criminal sentence. Issued by the president.
Federalism
Division of authority between the central federal government and state governments.
Jurisdiction
The authority of a court to hear a particular type of case.
Subject Matter Jurisdiction
Rules dictating whether a case goes to federal or state court based on the type of dispute.
Federal Question Jurisdiction
Federal court authority over cases involving the Constitution, federal law, or US treaties. No minimum dollar amount.
Diversity Jurisdiction
Federal court authority over state law cases where all plaintiffs are from different states than all defendants and the
Tort
Any civil wrong other than a breach of contract.
Trial Court
Accepts evidence and testimony; determines the facts of the case.
Appellate Court
Reviews trial court decisions for legal error without holding a new trial. No new witnesses; no new evidence.
Trial Record
The recorded testimony and evidence from the trial; forwarded to the appellate court on appeal.