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49 Cards in this Set
- Front
- Back
Judge made law that originated in england from decisions shaped accroding to prevailing custom.
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Common law
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Obligates judges to follow the precedents set previously by their own courts or by higher courts that have authority over them
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stare decisis in common law
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The practice of deciding new cases with reference to former decisions
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precendent in common law
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Judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.
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Case law
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The authority of a court to hear and decide certain cases.
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Jurisdiction
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Authority to hear a case first
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original jurisdiction
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A court having jurisdictoin to review cases and issues that were originally tried in lower courts
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appelate jurisdiction
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What kind of jurisdiction do the U.S. district courts have.
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Original jurisdiction (general jurisdiction)
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What kind of jurisdiction does the U.S. Court of appeals have
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Appelate jurisdiction
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What kind of jurisdictions does the U.S. Supreme court have.
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Original and Appelate
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What do the supreme court, us courts of appeal, district courts all have in common.
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They all have federal jurisdicton
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Exists when a courts authority to hear cases is not significantly restricted. Can normally hear a broad range of cases
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General Jurisdicton
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A secret court established to hear requests for warrants for the surveillance of suspected spies.
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The FISA Court
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Who selects the nominate for judicial canidates.
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President
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What is the senates role in judicial appointments
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they eaither confirm or reject the nomination
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In federal disctric court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state.
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senatorial courtesy
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What plays an important role in the presiden'ts chioces for judicial appointments
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partisanship (their policital background)
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Orders a lower court to send the supreme court a record of the case for review.
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writ of certiorari
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The court will not issue a writ unless at least four justices approve it.
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Rule of four
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Factors contributing to supreme court case selection
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1. conflicting lower court decisions
2. Lower court decisions conflicting with supreme court precedent 3. Case brought by Solicitor general 4. Important legal issue in need of clarification 5. personal perspectives of the justices |
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is a ruling handed down by a court with multiple judges in which the decision was made by the court acting as a whole, as opposed to statements made by individual judges. The literal meaning of this legal term is "by the court".
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per curim
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a policy making body that sets priorites for the federal judiciary.
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Judicial conference
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who is also the chair of the judicial conference
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chief justice
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is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case.
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solicitor general
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Also one of the factors that influence judicial decisions.
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solicitor gerneral's opinion
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The court opinion reflecting the verdict and legal reasoning of the majority of the justices
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majority opinion
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The opinions of justices who disagree with the majority verdict.
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dissenting opinion (minority opinion)
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An opinion issued by a member of the majority who agrees with the majority verdict, but who disagrees with the legal reasoning used by the majority
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concurring opinion
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we need an active powerful court that could strike down the action of the congress or president
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are what judicial activists believe
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court should be weaker than congress and president
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judicial restraint
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In federal disctric court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state.
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senatorial courtesy
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What plays an important role in the presiden'ts chioces for judicial appointments
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partisanship (their policital background)
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Orders a lower court to send the supreme court a record of the case for review.
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writ of certiorari
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The court will not issue a writ unless at least four justices approve it.
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Rule of four
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Factors contributing to supreme court case selection
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1. conflicting lower court decisions
2. Lower court decisions conflicting with supreme court precedent 3. Case brought by Solicitor general 4. Important legal issue in need of clarification 5. personal perspectives of the justices |
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is a ruling handed down by a court with multiple judges in which the decision was made by the court acting as a whole, as opposed to statements made by individual judges. The literal meaning of this legal term is "by the court".
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per curim
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a policy making body that sets priorites for the federal judiciary.
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Judicial conference
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who is also the chair of the judicial conference
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chief justice
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is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case.
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solicitor general
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Also one of the factors that influence judicial decisions.
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solicitor gerneral's opinion
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The court opinion reflecting the verdict and legal reasoning of the majority of the justices
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majority opinion
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The opinions of justices who disagree with the majority verdict.
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dissenting opinion (minority opinion)
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An opinion issued by a member of the majority who agrees with the majority verdict, but who disagrees with the legal reasoning used by the majority
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concurring opinion
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we need an active powerful court that could strike down the action of the congress or president
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are what judicial activists believe
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court should be weaker than congress and president
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judicial restraint
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look to the letter of the law when they attempt to interpret the constitution or a particular statute
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strict constructionism
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try to determine the context and purpose of the law
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broad constructionism
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an issue that a court believes should be decided by teh executive or legislative branch
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political question
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we need an active powerful court that could strike down the action of the congress or president
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judicial activism
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