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the power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S constitution or in a state court, the state constitution |
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strict construction [also known as "judicial restraint"]- |
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a philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the constitution |
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loose construction [also known as "judicial activism"]- |
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a philosophy proposing that judges should strike down laws that are inconsistent with norms and values stated or implied in the constitution |
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Marbury v. Madison (1803)- |
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established the principle of judicial review |
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Martin v. Hunter’s Lessee (1816)- |
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first case to assert ultimate supreme court authority over state courts in matters of federal law |
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McCulloch v. Maryland (1819)- |
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ruled congress had implied powers under the necessary and proper clause of Article 1 section 8 |
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the power to regulate interstate commerce was granted to congress |
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is the 16th chief justice of the U.S and is the fourth longest serving chief justice |
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United States v. Lopez (1995)- |
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first u.s supreme court case since the New Deal to se limits to congress power under the commerce clause |
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ruled that the system devised by the Florida supreme court to recount the votes was unconstitutional making Bush the new pres. |
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the clause in the Fourteenth Amendment to the U.S. Constitution that prohibits any state from denying to any person within its jurisdiction the equal protection of the laws |
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first Chief Justice of the United States; he quit to run for Governor of New York because he felt the job as Chief Justice wasn’t sufficiently prestigious; this was before the Court developed the concept of “judicial review”] |
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the three levels of the federal court system |
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Definition
federal trial courts, federal intermediary appellate courts, the US Supreme Court |
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a judicial examination of issues of fact or law disputed by parties for the purpose of determining the rights of the parties compare
hearing, inquest |
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a proceeding in which a case is brought before a higher court for review of a lower court's judgment for the purpose of convincing the higher court that the lower court's judgment was incorrect . |
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the number of US district courts |
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at least one in each state, one in DC, and the territories) |
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jurisdiction of US district courts |
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criminal case [what is criminal law?]- |
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a law that defines crimes against the public order |
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civil case [what is civil law?]- |
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Definition
a law that governs relationships between individuals and defines their legal rights |
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state courts rather than federal courts] |
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Definition
most legal disputes handled by
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the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work |
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president with consent of the senate |
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Definition
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Senate Judiciary Committee |
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where battle over judicial confirmations takes place; all judicial nominations referred here for a hearing and committee vote before consideration by entire senate |
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federal courts of appeals (aka, circuit courts of appeal)- |
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courts with appellate jurisdiction that hear appeals from the decisions of lower courts |
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-a document stating the facts and points of law of a client's case. |
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to assert as true or factual |
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to return (a case or matter) from one court to another esp. lower court or from a court to an administrative agency |
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the authority of a court to review decisions made by lower courts |
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original jurisdiction of the US Supreme Court |
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Definition
- only in cases involving ambassadors other public ministers and other diplomats and cases in which a state or states are a party |
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[Article III of the US Constitution |
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Definition
created the United States Supreme Court;
empowered Congress to create at its discretion lower federal courts under the Supreme Court]
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first constitution, the Articles of Confederation |
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Definition
there was no federal judicial branch, and hence, no US Supreme Court under the____;
each state had its own judiciary (and each of the 50 states today has its own judiciary as well] |
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federal trial courts, federal intermediary appellate courts, the US Supreme Court |
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Definition
the three levels of the federal court system |
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Definition
no juries in _____;
only judges; no new evidence or testimony is considered |
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Term
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Definition
appellate courts look for ______
made in the application of the law by the lower courts.
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(at least one in each state, one in DC, and the territories) |
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the number of US district courts |
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state courts rather than federal courts |
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Definition
most legal disputes handled by |
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Definition
appointments made by ____ with consent of the _____ |
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13; 12; 1; DC; 5th circuit court |
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Definition
how many court of appeals? country divided into ___ geographic regions with __ circuit court in each region and one circuit court in ___. texas is? |
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Definition
appellate jurisdiction of US Supreme Court (hears cases primarily from _____.
also accepts cases from the highest courts of the states but only if the case is being appealed on an issue pertaining to the US Constitution |
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Definition
can reduce the jurisdiction of the Supreme Court? |
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a president’s selection of member(s) of the Supreme Court (if given the chance) |
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Definition
is considered to be one of his most important acts |
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supreme court; lower federal court judges |
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Definition
_____nominations have typically faced more scrutiny than _____ |
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Definition
matters go before the US Supreme Court as ____
from the lower courts [must be an actual case or controversy] |
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no advisory opinions given by |
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first monday in october; end of june |
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Definition
supreme court term is ____ to ___ |
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Definition
petition that allows a party to file “as a pauper” and avoid paying court fees |
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Definition
to secure a review in conference __
justices in supreme court consider the request and if ___
justices agree petition is granted. The case is then scheduled for oral argument |
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Definition
a rule in the U.S. Supreme Court under which a petition for certiorari will be granted and the case in question reviewed if four of the nine justices so decide. |
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Term
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Definition
U.S. Supreme Court has ___
discretion in deciding what cases to hear |
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— the paperwork one files with the U.S. Supreme Court asking for a review of the appellant's case |
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Term
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Definition
ruling issued by an
appellate court of multiple judges in which the decision rendered is made by the court
(or at least, a majority of the court) acting collectively and anonymously |
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Definition
a “ friend of the court” brief filed by an
individual or organization to present argument in addition to those presented by the immediate parties to a case
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listened to by for 2 weeks by supreme court - oral presentation of a party's position and the reasoning behind it before an esp. appellate court |
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opinion of the court the defintion of opinion |
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here is a legal term referring to the decision of an appellate court and the official explanation of the legal reasoning used by the appellate court in reaching that decision by stare decisis |
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that decision announced by the opinion becomes law |
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an opinion that agrees with the majority in a supreme court ruling but differs on the reasoning |
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an opinion disagreeing with the majority in a supreme court ruling |
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the official record of the rulings, orders, case tables
clarification needed, and other proceedings of the Supreme Court of the United States
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Definition
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concurring and dissenting; United States Reports; private |
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Definition
opinion of the court is published with the ___ and ___ opinion in the official reporter ____ and
numerous other reporters published by ___ companies. |
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federal law; supreme court |
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Definition
if Congress and the president disagree with the Court’s interpretation of federal law, they can change the _____.
Congress and the president, however, cannot overrule ____ |
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Term
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Definition
the law that exists in legislatively enacted statutes esp. as distinguished from common law compare
common law |
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Definition
body of statutory and case law that is based on, concerns, or interprets a constitution. |
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a case prosecuted by the government, on behalf of society at large, against an individual or organization accused of committing a crime. If the defendant is found guilty, the sentence (or punishment) is often imprisonment. |
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Definition
A defendant or defender (Δ in legal shorthand) is any party who is required to answer the complaint of a plaintiff |
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- a person who institutes a prosecution; a government attorney who presents the state's case against the defendant in a criminal prosecution |
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Definition
- the responsibility of producing sufficient evidence in support of a fact or issue and favorably persuading the trier of fact (as a judge or jury) regarding that fact or issue [the burden of proof is sometimes upon the defendant to show his incompetency . |
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beyond a reasonable doubt |
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Definition
the
standard of evidence required to validate a criminal conviction in most adversarial legal systems
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Term
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Definition
three classes; a crime that carries a less severe punishment than a felony; a crime punishable by a fine and by a term of imprisonment not to be served in a penitentiary and not to exceed one year compare
felony
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- a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor |
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Term
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Definition
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Term
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- a lawsuit brought by a party (the plaintiff) against another party (the defendant) claiming that the defendant failed to carry out a legal duty owed to the plaintiff and that the defendant's breach of duty caused financial or personal injury to the plaintiff |
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Definition
the party who institutes a legal action or claim. |
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Term
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Definition
In every legal action, whether civil or criminal, there are two sides. The person suing is the plaintiff and the person against whom the suit is brought is the defendant. In some instances, there may be more than one plaintiff or defendant. |
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preponderance of the evidence |
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Definition
the evidence meeting this standard [plaintiffs must show by a ___ __ __ ___ that defendant's negligence proximately caused the injuries] compare
clear and convincing, reasonable doubt
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Definition
deals with real estate and disputes about property ownership, property descriptions, property lines. |
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refers to an administrative procedure whereby the probate court judge assist executors of wills settle estate matters such as pay debts, distribute property, close bank accounts, pay for funeral costs, and similar issues involved with the responsibilities of administering a will. |
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unclear; mental institutions; guardianship |
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Definition
Probate judges can hear cases where wills are ____.
also assist individuals who are seeking to involuntarily commitment people to ____ ____.
The court can help individuals assume the ____ of another person who may be unable to care for themselves because of age or illness. |
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domestic relations case [in Texas, it is called “family law”]- |
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Definition
an area of law dealing with family relations including divorce, adoption, paternity, custody, and support. |
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Definition
disputes about agreements between parties and getting paid or goods and services. |
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that involves a breach of a civil duty (other than a contractual duty) owed to someone else |
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A person involved in a lawsuit |
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Definition
Any action, hearing, investigation, inquest, or inquiry brought by one party against another in which the party seeking relief has given legal notice to and provided the other party with an opportunity to contest the claims that have been made against him or her. A court trial is a typical example |
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law; judge; jury's consideration; |
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Definition
[adversarial system--the American system of justice is essentially a fight between the two sides, with the process controlled by ___ and procedure by the ___
and the outcome decided by the ___ _____
of the facts in evidence presented |
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