Judicial Jargon

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Created by:

riceisgood08  on January 22, 2008

Description:

jargon

Classes:

U.S. Government/Economy (James)

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Judicial Jargon

Jurisdiction
The authority of a court to hear a particular case.
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Terms

Definitions

Jurisdiction The authority of a court to hear a particular case.
Original Jurisdiction The authority of a court to be the first court to hear a particular case.
Appellate Jurisdiction the authority f a court to review the decision of a "lower" court in a particular case.
Concurrent Jurisdiction A situation in which both a state court and a federal court can hear a particular case.
"Federal Question" Jurisdiction The authority of a federal court to hear a case involving an issue of federal law, or involving the United States government as a party or litigant.
"Diversity" Jurisdiction The authority of a federal court to hear a case involving people who live in different states when the amount in disupte is more then 75,000
Plaintiff The person/government agency/coorporation/etc. who files a lawsuit.
Defendant The person/agency/coorporation/etc. who is sued.
Writ of certiorari The main procedure used to bring a case to the Supreme Court; the s.c has discretion to decide which cases come before it by this route.
brief a written statement, filled with a court by a litigant, setting forth the factrs and law releveant to his or her case and explaining why he or she ought to win the case.
Amicus curiae(friend of the court) A written statement filed by someone who is not a litigant setting forth the facts and law relevant to a particular case and explaining why one side or the other ought to win the case.
Opinion the written statement of a courts reasons for deciding a case in a particular way
per curiam opinion a short unsigned statement of a supreme court decision
unanimous opinion in a court with multiple jduges, a written statement of the reason of the court for deciding a case in a particular way with which all the judges agree
majority opinion in a court with multiple judges, a written statement of the reasons of the court for deciding a case in a particular way with which all of the judges agree
concurring opinion in a court with multiple judges, the wirtten statement of a judge who agrees(or judges who agree) with the decision made about a case by the majority of the judges, but who has different reasons than they do for reaching that decision.
dissenting opinion in a court with multiple judges, the written statement of a judge who disagrees withi the decision made about a case by the majority of the judges, with an explanaition of his or her reasons for disagreeing.

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