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judicial implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties of the lawsuit.
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strict constructionist
An approach to constitutional interpretation that emphasizes the Framers' original intentions.
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judicial activism
A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty.
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judicial restraint
A philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge's own sense of principles.
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amicus curiae
“Friend of the court”; amici may file briefs or even appear to argue their interests orally before the court.
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solicitor general
The fourth-ranking member of the Department of Justice; responsible for handling all appeals on behalf of the U.S. government to the Supreme Court.
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Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard.
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writ of certiorari
A request for the Court to order up the records from a lower court to review the case.
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senatorial courtesy
Process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs.
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stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
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precedent
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
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brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
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legislative courts
Courts established by Congress for specialized purposes, such as the the Court of Military Appeals.
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constitutional courts
Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III.
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civil law
Codes of behavior related to business and contractual relationships between groups and individuals.
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criminal law
Codes of behavior related to the protection of property and individual safety.
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appellate jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court.
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original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of the case.
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jurisdiction
Authority vested in a particular court to hear and decide the issues in any particular case.
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appellate court
Court that generally reviews only findings of law made by lower courts.
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trial court
Court of original jurisdiction where cases begin.
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Madbury v. Madison
Case in which the Supreme Court first asserted the power of judicial review by finding that the congressional statute extending the Court's original jurisdiction was unconstitutional.
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Judiciary Act of 1789
Established the basic three-tiered structure of the federal court system.
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judicial review
Power of the courts to review acts of other branches of government and the states.
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