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Case
A controversy to be decided by a court
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Criminal case
Judicial proceedings the government begins against individuals following commission of a crime
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Crime
A public wrong; an offense, such as murder, against society at large—even though it may have been committed against only a single individual
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Civil case
Noncriminal legal action, such as divorces or attempts to recover damages following an automobile accident
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State courts
Courts of the 50 states, as opposed to the federal or national courts
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Federal courts
The courts of the United States, as distinguished from the courts of the 50 states
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Jurisdiction
Authority of a court or other agency to act
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Courts of limited jurisdiction
The lowers-level court in a state’s judicial system that hears particular kinds of case involving small claims, traffic violations, and minor criminal infractions
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Courts of general jurisdiction
The basic unit of a court system, receiving appeals from courts of limited jurisdiction and serving as trial courts for serious criminal offenses and civil suits involving substantial amounts of money
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Intermediate appellate courts
Courts between courts of general jurisdiction and the court of last resort; in the federal court system, the courts of appeals
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Court of last resort
The highest court within a particular judicial system, such as a state supreme court, to which a litigant may appeal a case
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Missouri Plan
Method of selecting state judges, involving appointment from a list of recommended nominees and a later retention vote by the electorate
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United States
Trial courts in the federal court system in which almost al federal cases begin; courts of general jurisdiction
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United States courts of appeals
Intermediate appellate courts in the federal court system, just below the Supreme Court
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Appellate jurisdiction
Includes cases a court receives from lower courts—Congress defines the appellate jurisdiction of the U.S. Supreme Court
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Federal question
An issue that involves the interpretation of the Constitution or a statue or a treaty of the United States
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Rule of four
Procedure of the U.S. Supreme Court by which the affirmative votes of four justices are needed to accept a case for decision
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Original jurisdiction
Authority of a court over cases that begin in that court, such as courts of general jurisdiction have original jurisdiction over most criminal offenses—the original jurisdiction of the U.S. Supreme Court is very small
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11th Amendment
The first reversal of a Supreme Court decision (Chisholm vs. Georgia) by constitutional amendment, denying federal courts jurisdiction in suits against a state brought by citizens of another state or foreign country
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Senatorial courtesy
Custom in the Senate to reject, for federal office, a nominee who is unacceptable to a senator from the nominee’s state when the senator and president are of the same party
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Judicial review
The authority of courts to set aside a legislative act as being in violation of the Constitution
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Legislative intent
A legislature’s understanding of the meaning of a law and what it is designed to accomplish
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Trial court
A court of limited or general jurisdiction in which the disputed facts of a case are heard and decided
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Briefs
Documents filed with a court containing the argument of the parties to a case
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Amici curiae
Latin for “friend of the court,” referring to persons, government agencies, or groups that are not parties to a case but nonetheless have an interest in its outcome and that make their views known by filing an amicus curiae brief with the court hearing the case
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Solicitor General of the United States
In the Supreme Court the lawyer for the United States who decides which cases the government will appeal to the Supreme Court
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Oral argument
Stage in which which opposing counsel verbally present their views to the court during the decision-making process of a court
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Opinion of the court
Statement representing the views of a majority of the judges of a court
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Concurring opinion
A statement issued separately by a judge voting with the majority
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Dissenting opinion
A statement issues by a judge explaining his or her disagreement with the majority position
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United States Reports
The officially published decisions of the United States Supreme Court
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Judicial activists
Judges who are least hesitant to invoke judicial review to strike down an act of Congress or of a state legislature
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Judicial restraintists
Judges who are reluctant to invoke judicial review to strike down an act of Congress or of a state legislature
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Precedents
Prior decisions of courts; cited as authority by other courts
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Stare decisis
A legal doctrine that suggests courts should follow precedent as a general rule, breaking with previously legal principles only on rare occasions
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