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The fact-finding body during a trial. |
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The level of any court system that initially resolves the dispute of litigants. |
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A court that decides whether a trial judge has made a mistake of law. |
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Subject Matter Jurisdiction |
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The authority of a court to hear cases involving specific issues of law. |
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The right of the litigation parties to have the legal decisions of the trial judge reviewed by an appellate court. |
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A court that reviews decisions by lower courts. |
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The highest appellate court. |
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A discretionary proceeding by which an appellate court may review the ruling of an inferior tribunal. |
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The plaintiffs filing a lawsuit must be from states different from those of the defendants. |
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Litigation involving the application or interpretation of the federal Constitution, federal statutes, federal treaties, or federal administrative agencies. |
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Federal Rules of Civil Procedure |
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A law passed by Congress that provides the procedural steps to be followed by the federal courts when handling civil litigation. |
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The power of courts to declare laws enacted by legislative bodies and actions by the executive branch to be unconstitutional. |
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A judge who abides by this philosophy believes that the political process, and not the courts, should correct societies ills; decides an issue on a narrow basis, if possible; follows precedents whenever possible; and does not engage in "judge-made law" but interprets the letter of the law. |
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A judge who abides by this philosophy believes the political process cannot adequately handle society's difficult issues; the courts can correct society's ills through the decision-making process; following precedent is not crucial; and "judge-made law" is often necessary to carry out the legislative intent of the law. |
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