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20 Cards in this Set
- Front
- Back
Civil law |
Rules to settle disputes among private citizens |
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Criminal law |
Rules defining offenses against society as a whole and for which conviction could result in a prison term |
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Amicus curiae |
"Friend of court" groups or individuals not directly invoked in a suit who can file legal briefs or oral arguments in support of one side |
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Brief |
Legal document submitted to the court in an appeal |
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In forma pauperis |
Petition filed with SC by a poor person |
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Remedy |
Court order stating what must be done to correct a situation a judge believed to be wrong |
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Writ of certiorari |
Order issued by SC to lower court to send up files of a case that's on appeal |
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Writ of mandamus |
Order by SC to a lower court or govt official to do something they are supposed to do according to the law |
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Plaintiff |
The party that files the lawsuit |
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Solicitor general |
High ranking official in the justice department who decides the cases the fed government will appeal from lower courts and personally approved every case the gov presents to the SC |
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Dual sovereignty |
Doctrine holding that state and fed authorities can prosecute the same person for the same conduct |
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Fee shifting |
Allowing the plaintiff to get money from the defendant for costs if plaintiff wins |
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Judicial review |
The right of federal courts to declare laws of cong and acts of exec branch unconstitutional |
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Litmus test |
Political criterion used by pres in selecting and by senators in confirming judges to nominate to fed courts |
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Senatorial courtesy |
Senate will not confirm district court judge if senator from that state and of presidents party object |
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Sovereign immunity |
Forbids suing of the gov without its consent |
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Standing |
Who is entitled to being a case |
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Stare decisis |
Rule where judges try to follow precedent in deciding cases |
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Court packing |
An attempt by FDR to expand the size of the SC to add new justices that favored his new deal programs |
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Justiciable dispute |
Concept that the SC only takes real cases that can have legal solution, not hypothetical situations |