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The procedure whereby the losing side asks a higher court to overturn a lower-court decision. |
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One of the eight justices of the Supreme Court who are not the chief justice. |
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Politicizing the nomination process through an organized public campaign that portrays the nominee as a dangerous extremist. |
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Written arguments presented to a court by lawyers on behalf of clients. |
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Cert (writ of certiorari) |
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A document issued by the Supreme Court indicating that the Court will review a decision made by a lower court. |
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Head of the Supreme Court. |
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Court to which decisions made by federal district courts are appealed. |
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Laws regulating relationships among individuals. Alleged violators are sued by presumed victims, who ask courts to award damages and otherwise offer relief. |
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Suit brought on behalf of all individuals in a particular category, whether or not they are actually participating in the suit. |
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A written opinion prepared by judges who vote with the majority but who wish either to disagree with or to elaborate on some aspect of the majority opinion. |
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Laws regulating relationships among individuals and society. Alleged violators are prosecuted by government. |
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One acussed of violating the civil or criminal code. |
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Written oppinion presenting the reasoning of judges who vote against the majority. |
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Person responsible for prosecuting criminal cases. |
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Fifth Ammendment provision that prohibits prosecution for the same offense twice. |
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The lowest level of the federal court system and the courts in which most federal trials are held. |
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Doctrine that says the principle of stare decisis should sometimes be sacrificed in order to adapt the constitution to changing conditions. |
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Doctrine that says that courts should, if at all possible, avoid overturning a prior court decision. |
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Power of the courts to declare null and void laws of Congress and state legislatures they find unconstitutional. |
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Young, influential aide to a Supreme Court justice. |
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The legal difference between a case at hand and previous cases decided by the courts. |
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Living-constitution theory |
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A theory of constitutional interpretation that places the meaning of the Constitution in light of the total history of the United States. |
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Supreme court decision (1803) in which the court first exercised the power of judicial review. |
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Decision of 1819 in which the Supreme Court declared unconstitutional the state's power to tax a federal government entity. |
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In legal parlance, a courts's explanation of its decision. |
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a theory of constitutional interpretation that determines the constitutionality of a law by ascertaining the intentions of those who wrote the Constitution. |
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Plain-meaning-of-the-text theory |
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a theory of constitutional interpretation that determines the constitutionality of a law in light of what the words of the Constitution obviously seem to say. |
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One who brings legal charges against another. |
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Activities of a court in which all judges participate. |
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Previous court decision or ruling applicable to a particular case. |
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Court official who has the authority to see that judicial orders are carried out. |
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to send a case to a lower court to determine the best way of implementing the higher court's decision. |
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Judge who thinks that the only way the original meaning of the Constitution can be restored is by ignoring the doctrine of stare decisis until liberal decisions have been reversed. |
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The over-turning of a lower court decision by an appeals court or the Supreme Court. |
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An informal rule that the Senate will not confirm nominees within or from a state unless they have the approval of the senior senator of that state from the president's party. |
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Government official responsible for presenting before the courts the position of the presidential administration. |
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In court rulings, reliance on consitency with precedents. |
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Statuatory interpretation |
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The judicial act of interpreting and applying the law to particular cases. |
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Person responsible for prosecuting violations of the federal criminal code. |
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