AP Governemtns
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15 terms
Terms | Definitions |
|---|---|
 Appellate Jurisdiction | The authority of a court to review decisions made by lower courts. |
| Civil Law | The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. |
| Class Action Lawsuit | lawsuit brought on behalf of a class of people against a defendant, e.g., lawsuits brought by those who have suffered from smoking against tobacco companies. |
| Concurring Opinion | An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning. |
| Dissenting Opinion | An opinion disagreeing with a majority in a Supreme Court ruling. |
| Judicial Activism | an interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court) |
| Judicial Restraint | Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. It is sometimes regarded as the opposite of judicial activism. |
| Judicial Review | the right of the supreme court to determine if a law violates the constitution. |
| Original Jurisdiction | The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. |
| Rule Four | Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case |
| Senatorial Courtesy | Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. |
| State Decisis | A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle. |
| Writ of Certiorari | A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case. |
| Writ of Habeas Corpus | A writ ordering a prisoner to be brought before a judge. |
| Writ of Mandamus | Court order directing an official to perform an official duty. |
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