The Judicial Branch

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Article III of the US Constitution

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Part of the US Constitution that establishes the judicial branch, creating the US Supreme Court, and allowing Congress to set up the federal court system.

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trial court

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The first court to hear a criminal or civil case, and the only level where you can find a jury. In Ohio, the Courts of Common Pleas. At the federal level, the various District courts.

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court of appeals

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Court that reviews civil and criminal cases that have been previously heard by trial courts, usually by a group of three judges, looking for legal mistakes. At the federal level, these are the 13 Circuits.

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Supreme Court

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The highest court in a state or the country, it has the final say on appeals and on how to interpret laws and constitutions.

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judicial review

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The power of the courts to declare laws unconstitutional. The main check of the judicial branch on the powers of the other two branches.

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affirm

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When a higher court reviews a case and agrees with the lower court's decision, declaring that a court ruling is valid and must stand.

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reverse

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When a higher court reviews a case and overturns the lower court's decision, declaring that a court ruling is invalid.

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remand

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When a higher court reviews a case and ends up sending it back to the trial court for further action.

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jury trial

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A trial in which a group of randomly-selected people hear evidence to determine guilt or innocence (in a criminal trial), or which side is correct (in a civil trial).

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bench trial

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A trial in which the judge alone hears the case and decides the outcome. There is no jury in this type of trial.