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codes (based on Roman law) |
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cases (evolved fro practices in early English courts) |
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a decision that is affirmed is upheld by the court |
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literally, a 'friend of the court'; a person or entity who is not a party to a case but who is permitted to file a brief supporting one of the party's positions |
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a party's written submission to the court |
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a concurring opinion agrees with the outcome but applies different reasoning to reach that outcome |
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in a civil case, the party being sued; in a criminal case, the accused |
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a dissenting opinion disagrees with the outcome and provides a competing analysis |
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to prohibit from taking place; a court enjoins an act by issuing a special type of order known as an injunction |
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the court's statement of the rule of law applicable to the case |
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the power of a court to hear the case |
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formal argument by the attorneys for the parties to the court |
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a decision is overruled when an appellate court decides that the rule of law stated in that decision should be abandoned in favor of a different rule |
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a person or entity prosecuting or defending the case |
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literally, a decision 'by the court'; a decision that is not individually authored by a particular judge, and that usually omits extended analysis |
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a request to the United States Supreme Court to hear a case |
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the party filing a petition for certiorari |
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the doctrine that requires a rule of law stated in a prior appellate case to be applied in subsequent cases involving the same issue |
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a rule of act of the government enjoining speech |
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the party brings a civil case (i.e. the party who is suing) |
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the 'record' of a case consists of all briefs, exhibits and transcripts filed in the court |
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a case that is remanded is returned to the lower court for further handling (usually, for the entry of an order implementing the appellate court's decision) |
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the party responding to a petition in certiorari |
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a decision that is reveresed is overturned |
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an order preventing further proceedings in a trial court during an appeal |
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