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the party who appeals a court judgement to a higher court; sometimes called the petitioner. |
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a court with jurisdiction to hear appeals and review the rulings of trial courts. |
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the party against whom an appeal is taken; sometimes called the respondent. |
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a criminal proceeding in which an accused is brought before the court to hear the charge against him and to enter a plea of guilty or not guilty. |
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The first ten amendments to the U.S. Constitution, tarified by the states in 1791 |
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law derived from the previous, published decisions of appellate courts. |
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a discretionary order commonly used by the U.S. Supreme Court to indicate that the Court has agreed to review a case.
"Granting cert" |
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the law pertaining to noncriminal matters in which one person or business sues another to obtain some legal relief. |
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legal rules and principles that originate solely from judicial decisions, as distinguished from the laws enacted by legislatures. |
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the fundamental law of a nation or state, typically est. the gov't basic organization and describing the extent and limits of its sovereign powers. |
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law concerning the basic organization and powers of government and the individual liberties enumerated in constitutions. |
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a legally enforceable agreement made either orally or in writing. |
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courts that operated by a distincive set of rules nd offered alternative remedies to the usual money damages. (The most common equitable remedy is injunction) |
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the state and federal statutes that define crininal offenses and punishment. Criminal cases are brought to trial, or prosecuted by gov't lawyers. |
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an appellate court opinion by one or more judges explaining their disagreement with the decision of the majority. |
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a type of federal court litigation in which the opposing parties are citizens of different states |
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doctrine of judicial review |
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principle that the courts have authority to review and declare unconstitutional the actions of other branches of gov't. |
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a basic rule of the U.S. judicial system that earlier decisions of a court shall serve as guiding authority to be followed when the court again faces an identical or similar issue. |
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judicial divisions for the U.S. Courts of Appeal, includes 11 multistate circuits, 1 for the District of Columbia, and 1 nationwide jurisdiction to hear appeals in certain specialized kinds of cases. |
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a body of citizens whose duty is to determine whether probable cause exists to formally charge someone with a crime. |
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the formal accusation issued by a grand jury against a person charged with a crime. |
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a court order that a defendanct act, or refrain from acting, in a particular manner |
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authority of government and its courts to make and enforce laws and to decide cases. Limited y territorial and subject matter boundaries. |
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a specific legal dispute between people or entities whose legal rights are in jeopardy, as opposed to a controversy that is hypothetical, academic, or moot. |
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a separate system of law deeloped in England for the purpose of granting remedies other than money damages. (An injunction is referred to as an equitable remedy) |
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a party to a lawsuit (plaintiff or defendant) |
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a common motion in criminal cases whereby the defendant requests that certain evidence be ruled inadmissible at trial. |
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a court's power to bringa particular person or company into its adjudicative proceedings. |
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to send a case from the appellate court back down to the trial court where it was originally heard. |
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law enacted by legislative bodies, including Congress and the state legislatures, as opposed to common law. |
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subject matter jurisdiction |
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a court system's power to consider a particular kind of case of type of law. |
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wrongful acts, other than breach of contract, for which the law gives the injured party legal remedy against the wrongdoer in civil court.
(Invasion of privacy, trespass, libel, negligence, infliction of mental distress) |
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intermediate appellate courtin the federal judicial system
11 geographic circuits plus the District of Columbia, each have their own Court of Appeals. Cases typically heard by panels of 3 judges. |
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a trial court in the federal judicial system with general jurisdiction, each state has at least one U.S. District Court. |
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nation's highest-ranking court; the court of last resort. An appellate court consisting of the chief justice of the U.S. and 8 associate justices. |
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