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 court rule bearing on subsequent legal decisions in similar cases; judges rely on precedents in deciding cases | ||
to stand on decided cases; the judicial policy o following precedents established by past decisions | ||
judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law | ||
the authority of a court to decide certain cases; not all courts have the authority to decide all cases; where a case arises and what its subject matter is are two of these kind of issues | ||
a question that has to do with the U.S. Constitution, acts of Congress, or treaties; provides a basis for federal jurisdiction | ||
the condition that exists when the parties to a lawsuit are citizens of different state,, or when the parties are citizens of a U.S. state and citizens or the government of a foreign country; diversity of citizenship can provide a basis for federal jurisdiction | ||
the court in which most cases begin | ||
exists when a court's authority to hear cases is not significantly restricted; a court of general jurisdiction normally can hear a broad range of cases | ||
exists when a court's authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions | ||
a court having jurisdiction to review cases and issues that were originally tried in lower courts | ||
to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit | ||
a brief (a document containing a legal argument supporting a desired outcome in a particular case) filed by a third party, or this, who is not directly involved in the litigation but who has an interest in the outcome of the case | ||
a lawsuit filed by an individual seeking damages for "all persons similarly situated" | ||
an order issued by a higher court to a lower court to send up the record of a case for review | ||
a US 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 | ||
the verbal arguments presented in person by attorneys to an appellate court; each attorney presents reasons to the court why the court should rule in her/his client's favor | ||
the statement by a judge or a court of the decision reached in a case; the opinion sets forth the applicable law and details the reasoning on which the ruling was based | ||
to declare that a court ruling is valid and must stand | ||
to annul or make void a court ruling on account of some error or irregularity | ||
to send a case back to the court that originally heard it | ||
a court opinion or determination on which all judges agree | ||
a court opinion reflecting the views of the majority of the judges | ||
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 voice disapproval of the grounds on which the decision was made | ||
a separate opinion in which a judge dissents from (disagrees with) the conclusion reached by the majority on the court and expounds his or her own views about the case | ||
in federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his state | ||
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 | ||
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 | ||
a judicial philosophy that looks to the "letter of the law" when interpreting the Constitution or a particular statute | ||
a judicial philosophy that looks to the context and purpose of a law when making an interpretation | ||
the way in which the court decisions are translated into action | ||
an issue that a court believes should be decided by the executive or legislative branch |
Ch. 14 The Courts
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