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27 Cards in this Set
- Front
- Back
Equal Justice under the law
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Article III
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Judiciary Act of 1789
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One of the first acts of the new Congress was to establish a federal court system in the Judiciary Act of 1789. The Constitution provided that the judicial branch should be composed of one Supreme Court and such inferior courts as Congress from time to time established. But unlike the legislative provisions, in which the framers clearly spelled out the powers of the Congress, Article III of the Constitution is rather vague on just what the judicial powers should be.
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Jurisdiction
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Law. The right and power to interpret and apply the law: courts having jurisdiction in this district.
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Exclusive jurisdiction
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the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision)
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Concurrent jurisdiction
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jurisdiction that is shared by different courts and that may allow for removal <two states may have concurrent jurisdiction over crimes committed on boundary rivers
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US District courts
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Original jurisdiction
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the jurisdiction granted a court to try a case in the first instance, make findings of fact, and render a usually appealable decision <the district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United State
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US Courts of Appeals
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Appeals courts
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a court that hears appeals; especially : an intermediate level appellate court
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Appellate jurisdiction
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the jurisdiction granted to particular courts to hear appeals of the decisions of lower tribunals and to reverse, affirm, or modify those decisions
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Circuit
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A closed, usually circular line that goes around an object or area.
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Remand
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To send back to custody.
To send back (a case) to a lower court with instructions about further proceedings. |
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Opinion
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A belief or conclusion held with confidence but not substantiated by positive knowledge or proof: “The world is not run by thought, nor by imagination, but by opinion” (Elizabeth Drew).
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Precedent
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Law. A judicial decision that may be used as a standard in subsequent similar cases: a landmark decision that set a legal precedent.
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Magistrates
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A civil officer with power to administer and enforce law, as:
A local member of the judiciary having limited jurisdiction, especially in criminal cases. A minor official, such as a justice of the peace, having administrative and limited judicial authority |
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US Attorneys
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A person legally appointed by another to act as his or her agent in the transaction of business, specifically one qualified and licensed to act for plaintiffs and defendants in legal proceedings.
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US Marshals
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A military officer of the highest rank in some countries.
A field marshal. |
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Subpoena
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A writ requiring appearance in court to give testimony.
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Constitutional
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Of or relating to a constitution: a constitutional amendment.
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Judicial Review
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a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional; also : the process of using this power
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Docket
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A calendar of the cases awaiting action in a court.
A brief entry of the court proceedings in a legal case. The book containing such entries. |
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Brief
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Short in time, duration, length, or extent.
Succinct; concise: a brief account of the incident. Curt; abrupt. |
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Majority opinion
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: the opinion joined by a majority of the court (generally known simply as `the opinion')
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Dissenting opinion
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an opinion that disagrees with the court's disposition of the case
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Concurring Opinion
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an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning
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Stare decisis
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the doctrine under which courts adhere to precedent on questions of law in order to insure certainty, consistency, and stability in the administration of justice with departure from precedent permitted for compelling reasons (as to prevent the perpetuation of injustice)
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