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to declare that a court ruling is valid and must stand
affirm
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a brief (a document containing a legal argument supporting a desired outcome in a particular case) filed by a third party who is not directly involved in the litigation but who has an interest in the outcome
amicus curiae brief
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a court having jurisdiction in review cases and issues that were originally in lower court
appellate court
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judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law
case law
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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.
common law
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a separate opinion prepared by a judge who supports the decision of the majority of the court but for different reasons
concurring opinion
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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
dissenting opinion
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the condition that exists when the parities to a lawsuit are from different states or when the sit involves a U.S. citizen and a government or citizen of a foreign country. basis for federal jurisdiction
diversity of citizenship
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a question that has to do with the U.S. Constitution, acts of congress, or treaties. basis for federal jurisdiction
federal question
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exists when a court's authority to hear cases is not significantly restricted. can hear a broad range of cases
general jurisdiction
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a doctrine holding that the federal judiciary should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authority
judicial activism
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the way in which court decisions are translated into action
judicial implementation
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a doctrine holding that courts should defer to the decisions made by the elected representatives of the people in the legislative and executive branches
judicial restraint
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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 jurisdictional issues.
jurisdiction
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a controversy that is real and substantial, as opposed to hypothetical or academic.
justiciable controvery
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exists when a court's authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions
limited jurisdiciton
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to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit
litigate
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a court opinion reflecting the views of the majority of the judges
majority opinion
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the arguments presented in person by attorneys to an appellate court. each attorney presents reasons to the court why the court should rule in her or his client's favor
oral arguments
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an issue that a court believes should be decided by the executive or legislative branch
political question
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to send a case back to the court that originally heard it
remand
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to annul or make void a court ruling on account of some error or irregularity
reverse
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a united states 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
rule of four
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in federal district court judgeship nomination, a tradition allowing a senator to veto a judicial appointment in his or her state.
senatorial courtesy
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to stand on decided cases; the judicial policy of following precedents established by past decisions
stare decisis
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the court in which most cases begin
trial court
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a court opinion or determination on which all judges agree
unanimous opinion
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an order issued by a higher court to a lower court to send up the record of a case for review
writ of cetiorari
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