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Chapter 15 Vocabulary: The Courts
Terms in this set (32)
To declare that a court ruling is valid and must stand.
A court having jurisdiction to review cases and issues that were originally tried in lower courts.
A judicial philiosophy that looks to the context and purpose of a law when making an interpretation.
Judicial interpretations of common-law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.
A lawsuit filed by an individual seeking damages for "all persons similarly situated."
Judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation.
A separate opinion prepared by a judge who supports the decision of the majority of the court but who wants to make or clarify a particular point or to voice dissapproval of the grounds on which the decision was made.
A separate opinion in a which a judge assents from (disagrees with) the conclusion reached by the majority on the court and expounds his or her own views about the case.
Diversity of Citizenship
The condition that exists when the parties of a lawsuit are from different states, or when the parties are citizes of a U.S. state and citizens or the government of a foreign country. Diversity of citizenship can provide a basis for federal jurisdiction.
A question pertaining to the U.S. Constitution , acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.
Exists when a court's authority to heat cases is not significantly restricted. A court of general jurisdciton normally can hear a broad range of cases.
A doctrine holding that the Supreme Court should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authority.
The way in which court decisions are translated into action.
A doctrine holding that the Supreme Court should defer to the decisions made by the elected representatives of the people in the legislative and executive branches.
The process of deciding whether a law is contrary to the mandates of the Constitution.
The authority of a court to decide certain cases. Not all courts have the authorty to decide certain cases. Two jurisdictional are where a case arises as well as its subject matter.
Exists when a court's authority to hear cases is retricted to certain types of claims, such as tax claims or bankruptcy petitions.
To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit.
A court opinion reflecting the views of the majority of the judges.
The statement by a judge or a court of the decision reached in a case. The opinion sets fourth the applicable law and details the reasoning on which the ruling was based.
The verbal arguements presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in his or her client's favor.
An issue that a court believes should be decided by the executive or legislative branch.
A court rule bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases.
To send a case bakc to a court that originally heard it.
To annul or make void a court ruling on account of some error or irregularity.
Rule of Four
A United Stats Supreme Court procedure by which four justices must vote to grant a petition for review if a case is to come before the full court.
In federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state.
To stand on decided cases; the judicial policy of following precedents established by past decisions.
A judicial philosophy that looks to the "letter of the law" when interpreting the Constitution or a particular statute.
The court in which most cases begin.
A court opinion or determination on which all judges agree.
Writ of Certiorari
An order issued by a higher court to a lower court to send up the record of a case for review.
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